Legal Debris Removal Agreement

Legal Debris Removal Agreement

This Legal Debris Removal Agreement ("Agreement") is made and entered into on this day of , , by and between Client Name: whose mailing address is (hereinafter "Owner"), and Contractor Name: whose mailing address is (hereinafter "Contractor").

RECITALS

WHEREAS, Owner owns or controls the real property located at: (the "Property"); and

WHEREAS, Owner requires removal and lawful disposal of debris, refuse, demolition material, vegetation, and other waste (collectively, "Debris") from the Property; and

WHEREAS, Contractor represents that it has the experience, personnel, equipment and licenses necessary to perform Debris removal services in accordance with applicable laws and industry standards.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement: "Work" means all labor, materials, equipment, transportation and services required to remove, load, transport and lawfully dispose of Debris from the Property in accordance with this Agreement and any applicable law. "Subcontractor" means any third party engaged by Contractor to perform any portion of the Work.

2. SCOPE OF WORK

Contractor shall perform the Work described as follows at the Property:

Contractor shall commence mobilization at the Property within calendar days after receipt of a written notice to proceed and shall achieve substantial completion of the Work within calendar days thereafter unless extended by Change Order or excused by Force Majeure.

3. PAYMENT

Owner shall pay Contractor for the satisfactory performance of the Work the total sum of $ (the "Contract Price"), subject to additions and deductions for approved Change Orders.

Contractor shall submit invoices in writing describing Work performed and amounts due. Owner shall pay undisputed invoices within days of receipt. Disputed amounts shall be set forth in writing with supporting documentation and the parties shall promptly meet to resolve the dispute.

4. CHANGE ORDERS

Any material change in the scope, schedule or cost of the Work shall be authorized only by a written Change Order signed by both parties. Contractor shall not proceed with Work outside the agreed scope without an executed Change Order. Change Orders shall set forth the basis for the adjustment to the Contract Price and/or schedule.

5. PERMITS, COMPLIANCE AND DISPOSAL

Contractor shall obtain and maintain, at Contractor's expense, all permits, licenses and approvals required to perform the Work and to lawfully transport and dispose of Debris. Contractor shall comply with all federal, state and local laws, ordinances and regulations pertaining to environmental protection, waste handling, transportation and disposal.

Disposal method: Off-site landfill/transfer station Recycling / reclamation Other (describe below)

6. HAZARDOUS MATERIALS

Contractor shall notify Owner in writing immediately upon discovery of any materials reasonably suspected to be hazardous. Unless otherwise agreed, Owner shall, at Owner's cost, arrange for the lawful removal, abatement and disposal of hazardous materials. Contractor may suspend Work without liability if continued performance would violate law or threaten health or safety due to hazardous materials.

7. SITE ACCESS, CONDITIONS AND PROTECTION

Owner shall provide Contractor reasonable access to the Property, utilities as required and areas for staging. Owner warrants that to the best of Owner's knowledge the Property conditions disclosed are accurate. Contractor shall take reasonable steps to protect improvements and shall promptly repair damage caused by Contractor's negligence.

8. INSURANCE

Contractor shall maintain commercial general liability insurance, automobile liability insurance and workers' compensation insurance as required by law and sufficient to cover claims arising from the Work. Upon request, Contractor shall provide certificates of insurance to Owner. Contractor's insurance shall be primary and noncontributory with respect to Owner's insurance.

9. INDEMNITY

Contractor shall indemnify, defend and hold harmless Owner and Owner's agents, employees and affiliates from and against all claims, damages, losses and expenses, including reasonable attorneys' fees, arising out of or resulting from Contractor's performance of the Work, to the extent caused by Contractor's negligence or willful misconduct. Owner shall indemnify Contractor for liability arising from Owner's negligent acts or omissions or Owner-furnished hazards.

10. WARRANTIES

Contractor warrants that the Work shall be performed in a good and workmanlike manner and in compliance with applicable laws for a period of months from substantial completion. This warranty does not cover defects resulting from ordinary wear, neglect, misuse, Owner alterations or third-party acts.

11. LIENS AND RELEASES

Contractor shall not permit any mechanics' or materialmen's liens to be filed against the Property for labor or materials supplied by Contractor. Contractor shall, upon payment, execute unconditional waivers of lien for amounts paid. Owner may withhold payment to reasonably protect against liens asserted in good faith.

12. TERMINATION

Either party may terminate this Agreement for material breach by the other if the breach remains uncured after fourteen (14) days' written notice. Upon termination, Owner shall pay Contractor for Work performed to the date of termination, including reasonable demobilization costs, less sums attributable to Contractor's breach.

13. REMEDIES; LIMITATION OF LIABILITY

The remedies provided in this Agreement are cumulative and in addition to any remedies at law or in equity. Except for claims arising from Contractor's gross negligence or willful misconduct, neither party shall be liable for special, indirect, incidental or consequential damages.

14. NOTICES

All notices required or permitted under this Agreement must be in writing and shall be deemed given when delivered personally, sent by certified mail, return receipt requested, or by nationally recognized courier, to the addresses below or such other address as a party designates by written notice.

15. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties shall attempt in good faith to resolve disputes by negotiation; if unresolved, disputes shall be resolved by litigation in the appropriate court with jurisdiction in the county where the Property is located.

16. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, together with any written Change Orders executed by the parties, constitutes the entire agreement between Owner and Contractor with respect to the subject matter hereof and supersedes all prior negotiations and agreements. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. AMENDMENT; WAIVER; COUNTERPARTS

No amendment or modification of this Agreement shall be effective unless it is in writing and signed by both parties. No failure or delay by either party in exercising any right shall operate as a waiver of that right. This Agreement may be executed in counterparts, each of which shall be deemed an original.

18. REPRESENTATIONS AND AUTHORITY

Each party represents and warrants that it has full power and authority to enter into this Agreement and that the person signing this Agreement on its behalf is authorized to bind such party to the terms hereof.

19. ADDITIONAL PROVISIONS

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