Legal Fertilizer Application

LEGAL FERTILIZER APPLICATION

This Legal Fertilizer Application (the "Application") is made effective as of by and between Applicant Name: (Applicant) and Provider Name: (Provider).

RECITALS

WHEREAS, Applicant owns or controls the real property described in this Application and seeks to obtain authorization to apply fertilizer products to specified Application Area(s) under the terms set forth herein;

WHEREAS, Provider manufactures, supplies, or distributes the Fertilizer Product(s) and represents that such Product(s) comply with applicable labeling, composition, and safety standards required under applicable law when applied in accordance with label directions and this Application;

WHEREAS, the parties desire to set forth the terms, conditions, certifications, and obligations applicable to the sale, provision and lawful application of Fertilizer Product(s) on the Application Area.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, the parties agree as follows:

1. DEFINITIONS

For the purposes of this Application, the following capitalized terms shall have the meanings set forth below:

"Application Area" means the parcel(s) or portion(s) of real property described in Section 2 where fertilizer is to be applied.

"Fertilizer Product" means the fertilizer(s) identified by name and analysis in Section 2 and any accompanying labels or manufacturer documentation provided to Applicant.

2. APPLICATION DETAILS

3. METHOD OF APPLICATION

Method of application (check all that apply):

4. COMPLIANCE AND CONDITIONS

Applicant represents and warrants that all applications will be performed in accordance with the Fertilizer Product label, manufacturer's directions, and all applicable federal, state, and local laws and regulations. Applicant shall:

1. Maintain minimum buffer zones and setback distances required by label and law; Applicant shall not apply fertilizer within restricted buffer areas adjacent to surface water or wells or within distances that would create a risk of contamination.
2. Keep contemporaneous records of date, time, rate, weather conditions, equipment used, and applicator for each application and provide copies to Provider upon reasonable request within 14 days.
3. Immediately notify Provider and relevant authorities of any spill, release, or other incident that may cause environmental harm and take reasonable steps to mitigate resulting damage.

5. REPRESENTATIONS, CERTIFICATIONS AND ATTESTATIONS

Applicant certifies under penalty of perjury that the information supplied in this Application is true, complete and accurate. Applicant further certifies that Applicant has the authority to authorize application of the Fertilizer Product on the Application Area and has disclosed any known environmental constraints, protected areas, or restrictions affecting the Application Area.

6. INDEMNITY AND LIMITATION OF LIABILITY

Applicant shall indemnify, defend, and hold harmless Provider and its officers, agents and employees from and against any and all claims, liabilities, losses, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or related to Applicant's use, handling, storage, or application of Fertilizer Product, except to the extent caused by Provider's gross negligence or willful misconduct. Provider's liability for any claim arising from or related to this Application shall be limited to direct damages and shall not include consequential, incidental or punitive damages.

7. INSURANCE

During the term of any application activities, Applicant shall maintain commercial general liability insurance or equivalent coverage in amounts reasonably sufficient for the scale of operations but in no event less than $1,000,000 per occurrence, covering claims for bodily injury, property damage and pollution arising from fertilizer application. Upon request Applicant shall provide Provider proof of such insurance.

8. INSPECTION AND ACCESS

Applicant grants Provider and authorized representatives reasonable access to the Application Area during normal business hours for the purposes of inspection, monitoring, sampling, and verifying compliance with this Application, provided that such access shall be exercised with prior notice except in emergency circumstances.

9. NOTICES

10. AMENDMENT; WAIVER; COUNTERPARTS

This Application may only be amended by a writing signed by both parties. No waiver by either party of a breach of any provision of this Application shall constitute a waiver of any other breach. This Application may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Application shall be governed by and construed in accordance with the substantive laws of the state chosen by the parties below without regard to conflict of law principles. This Application constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings. If any provision of this Application is declared invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12. ACKNOWLEDGEMENT

By signing below, each party acknowledges that it has read and understands this Application, that it has authority to bind the party for which it signs, and that it consents to the obligations and certifications herein.

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