Miscellaneous Removal Work Order

MISCELLANEOUS REMOVAL WORK ORDER

Parties

Recitals

WHEREAS, Client requires removal, transportation, and lawful disposal of the materials and items described in this Work Order at the Work Location identified below; and

WHEREAS, Contractor represents that it is properly licensed, trained, equipped and insured to perform removal services and agrees to perform such services in accordance with the terms and conditions set forth herein; and

NOW, THEREFORE, in consideration of the mutual covenants contained in this Work Order the parties agree as follows.

Work Location and Contact

Scope of Work

Contractor shall perform removal services including, but not limited to, identification, dismantling as required, loading, transportation, lawful disposal or recycling, and site cleanup of the items and materials listed below. Contractor shall comply with applicable law and industry standards in performing the Work.

Itemized Removal

The parties agree the following initial itemization will govern pricing unless modified by executed Change Order.

Schedule

Work shall commence no later than and be substantially completed by , subject to adjustments for weather, permit delays, or Change Orders.

Payment Terms

Client shall pay Contractor the Contract Total Amount set forth above in accordance with the following schedule:

Late payments shall accrue interest at or a minimum late fee of , whichever is greater. Client shall also reimburse Contractor for collection costs, including reasonable attorney fees.

Term and Termination

This Work Order shall commence on and shall terminate on unless earlier terminated in accordance with this section.

Either party may terminate this Work Order for convenience by providing days' written notice. Upon termination for convenience, Contractor shall be paid for Work performed and reasonable demobilization costs to date.

Either party may terminate immediately for material breach if the breaching party fails to cure within 7 days of written notice of breach.

Change Orders

All changes to the Scope of Work, schedule, or price shall be made only by a written Change Order signed by both parties. Contractor shall not proceed with non-emergency changes without a signed Change Order; unauthorized changes are the responsibility of the party ordering them.

Confidentiality

Each party shall treat the terms of this Work Order and all non-public information obtained from the other party as confidential and shall not disclose such information to third parties except to employees, agents or subcontractors who need the information to perform the Work and who are bound by confidentiality obligations no less restrictive than those set forth herein. Confidential information does not include information that is publicly available through no fault of the receiving party or that is required to be disclosed by law.

Insurance, Indemnity and Safety

Contractor shall maintain commercial general liability insurance with limits of not less than and workers' compensation as required by law. Contractor shall furnish certificate of insurance upon request prior to commencing Work.

Contractor agrees to indemnify, defend and hold harmless Client from and against all claims, liabilities, losses and expenses arising out of Contractor's performance of the Work, except to the extent caused by Client's sole negligence or willful misconduct.

Contractor shall comply with all applicable safety laws and industry practices. Contractor shall be responsible for removal and lawful disposal of all materials in accordance with applicable environmental and disposal laws unless otherwise specified.

Permits, Access, and Hazards

Client shall provide Contractor access to the Work Location during normal business hours unless otherwise agreed. Client shall obtain and pay for permits and approvals required for the Work unless the parties agree otherwise in writing. Client warrants that it has disclosed known hazards and concealed conditions; Contractor shall notify Client promptly of any unanticipated hazardous conditions discovered during performance.

Acceptance and Warranty

Upon substantial completion, Contractor will notify Client and Client shall inspect the Work within 5 days. Acceptance shall be deemed upon written acceptance or after 7 days if no written objections are provided setting forth specific defects. Contractor warrants removal services to be free from defective workmanship for a period of from acceptance. This warranty does not extend to defects caused by Client misuse or subsequent alteration.

Ownership and Disposal

Unless otherwise agreed in writing, removed materials become the property of Contractor upon removal and Contractor shall be responsible for lawful disposal or recycling. If specified materials are to be retained by Client, Contractor shall secure such items separately and not dispose of them.

Governing Law and Entire Agreement

This Work Order shall be governed by and construed in accordance with the laws of the state selected by the parties. The parties agree that any dispute shall be resolved in the state and federal courts located within that state.

This Work Order, including any written Change Orders executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals, negotiations and other agreements, whether written or oral.

Miscellaneous Provisions

Contractor is an independent contractor. Nothing in this Work Order shall be construed to create a partnership, joint venture, or employer-employee relationship. Contractor may subcontract portions of the Work but remains responsible for performance. Taxes shall be the responsibility of the party required by law to pay them.

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