Septic System Maintenance Agreement

Septic System Maintenance Agreement

This Septic System Maintenance Agreement (the Agreement) is entered into as of by and between Service Provider Name: with Address: and Client Name: with Address: .

WHEREAS

WHEREAS, Service Provider is engaged in the business of septic system inspection, maintenance and related services and holds requisite qualifications, licenses, and insurance to perform such services; and

WHEREAS, Client owns or controls the real property upon which the septic system described below is located and desires to retain Service Provider to perform routine maintenance and related work in accordance with the terms set forth herein; and

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows.

Description of System

System Location/Identifier:

System Type (e.g., aerobic, conventional gravity, ET):

Manufacturer/Model (if known):

Scope of Work

Service Provider shall perform routine maintenance services for the septic system described above. Services shall include, at a minimum, the tasks set forth below and additional tasks as reasonably required to maintain system function and compliance with applicable codes.

Service Frequency (select all that apply):

Monthly    Quarterly    Semi-Annual    Annual

Payment Terms

Contract Price or Fee per Visit:

Invoices are due within days of receipt. Late payments shall accrue interest of per month on the outstanding balance, or the maximum allowed by law, whichever is less. Additionally, a late fee of may be assessed for each invoice past due beyond the stated grace period.

Term and Termination

Term Commencement Date:    Term Expiration Date:

Either party may terminate this Agreement for convenience upon written notice delivered not less than days prior to the intended termination date. Service Provider may terminate immediately for reasons including, but not limited to, conditions that present an immediate health or safety hazard to personnel, material breach by Client that remains uncured after ten (10) business days' written notice, or substantial interference with performance. Client may terminate for Service Provider's material breach if Service Provider fails to cure such breach within thirty (30) days of written notice.

Early termination by Client without cause may be subject to an early termination fee equal to unpaid amounts for services already rendered plus reasonable costs incurred by Service Provider in reliance on the Agreement.

Access, Permits and Client Obligations

Client shall provide Service Provider safe, unobstructed access to the septic system and related components at scheduled times and shall obtain all permits or approvals required by local authorities unless otherwise agreed in writing. Client is responsible for notifying Service Provider of any known system defects, history of backups, or recent repairs.

Client provides access: Yes

Confidentiality

Each party agrees that, except as required by law or as necessary to perform under this Agreement, it will not disclose confidential, proprietary or trade secret information of the other party received in the course of performance. Confidential information does not include information that is or becomes generally available to the public other than through a breach of this provision, or that is rightfully received from a third party without restriction.

Insurance, Indemnification and Liability

Service Provider shall maintain commercial general liability insurance and workers' compensation insurance in amounts customary for the industry. Insurance Minimums:

Indemnification: Each party shall indemnify, defend, and hold harmless the other party and its officers, agents and employees from and against claims, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's negligence or willful misconduct in the performance of this Agreement, except to the extent caused by the other party's negligence or willful misconduct.

Limitation of Liability: Except for liability arising from gross negligence, willful misconduct, or breach of confidentiality, neither party shall be liable to the other for incidental, consequential, special or punitive damages, and total liability shall be limited to fees paid under this Agreement during the preceding twelve (12) month period.

Regulatory Compliance

Service Provider will endeavor to perform services in compliance with applicable local and state regulations. Client acknowledges that regulatory authorities may require reporting or corrective action outside the scope of routine maintenance; such work shall be performed only after Client's written authorization and will be billed separately.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

Entire Agreement and Amendments

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. Any modification or amendment must be in writing and signed by both parties to be effective.

Miscellaneous

Notices shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate by written notice. If any provision of this Agreement is held invalid, the remaining provisions shall continue in full force and effect.

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