Real Estate Landscape Waiver

REAL ESTATE LANDSCAPE WAIVER AND RELEASE

Parties and Effective Date

Effective Date: . This Landscape Waiver and Release ("Agreement") is entered into by and between Property Owner and Contractor as identified above with respect to the property described below.

Property Identification

Scope of Work and Alterations

Contractor shall perform the following landscape work, alterations or removals (collectively "Work"):

Start Date: Completion / Possession Date:

Financial Terms

Final Payment Due On: . Late payment interest and remedies shall be as provided in the Default and Remedies section below. Late Fee (if any):

Disclosures and Site Conditions

Owner Discloses Known Site Conditions:

Known underground irrigation, electric or utility lines present? Yes No

Known septic, drainage, or contamination issues? Yes No

If any "Yes" is selected above, describe known conditions and locations:

Waiver, Release and Assumption of Risk

In consideration of permission to perform Work on the Property and other good and valuable consideration, the undersigned Owner voluntarily and knowingly waives, releases and forever discharges Contractor and Contractor's agents, employees and subcontractors from any and all claims, demands, causes of action, suits, liabilities, losses, damages and expenses (including attorneys' fees) arising directly or indirectly from the Work or resulting from changes to existing landscaping, grading, irrigation or vegetation, except for claims arising from Contractor's willful misconduct or gross negligence. Owner expressly assumes the risk of aesthetic loss, damage to vegetation, soil disturbance and any subsequent maintenance obligations resulting from the Work.

Indemnity and Insurance

Contractor agrees to defend, indemnify and hold Owner harmless from and against all claims, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of or connected with Contractor's performance of the Work, except to the extent caused by Owner's negligence or willful misconduct. Contractor shall maintain general liability insurance with minimum limits of $ per occurrence and worker's compensation as required by law and shall provide proof of insurance upon request.

Permits, Approvals and Compliance

Contractor is solely responsible for obtaining and paying for all permits, licenses and approvals required for the Work and shall comply with all applicable laws, codes and ordinances. Owner's consent to the Work does not waive the requirement for any governmental permit or approval.

Maintenance, Warranty and Restoration

Unless otherwise agreed in writing, Owner accepts responsibility for routine maintenance of plantings and irrigation after Final Completion. Contractor warrants labor and materials supplied for a period of months from completion, except for plant survival guarantees which, if provided, will be set forth in writing.

Default and Remedies

A material breach by either party permits the non-breaching party to pursue all available legal and equitable remedies, including specific performance, injunctive relief and recovery of costs and attorneys' fees. Owner may, after written notice and a reasonable cure period, require Contractor to restore the Property to its pre-Work condition at Contractor's expense if the Work is performed in violation of this Agreement or applicable law.

Governing Law; Entire Agreement

This Agreement shall be governed by the laws of the state in which the Property is located. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, whether written or oral. Any amendment must be in writing and signed by both parties.

Acknowledgements

Each party represents and warrants that it has authority to enter into this Agreement, that it has read and understands this Agreement, and that it has had the opportunity to seek independent legal counsel.

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