Soil Erosion Liability Waiver

SOIL EROSION LIABILITY WAIVER

This Soil Erosion Liability Waiver (the "Agreement") is entered into as of Effective Date: by and between Landowner Name: with primary address: ("Landowner"), and Contractor Name: with primary address: ("Contractor").

RECITALS

WHEREAS, Landowner is the legal owner of the real property described as: (the "Property"); and

WHEREAS, Contractor will perform earth-disturbing activities, including soil grading, excavation, vegetation removal, or other land-altering work described in Scope of Work: on the Property that may increase the risk of soil erosion or sediment discharge; and

WHEREAS, the parties wish to allocate responsibility for erosion control, prevention, and liability arising from the Contractor's activities;

NOW, THEREFORE

In consideration of the mutual covenants and promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

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

"Best Management Practices" or "BMPs" means temporary or permanent measures, practices, and controls implemented to prevent soil erosion, minimize sediment transport, and protect watercourses, including but not limited to silt fencing, straw wattles, sediment basins, inlet protection, and revegetation.

2. SCOPE OF WORK; EROSION CONTROL

Contractor shall perform the activities described in Exhibit A: Scope of Work and shall install, maintain, inspect, and repair BMPs as necessary to prevent soil erosion and sediment discharge from the Property. Detailed description of required erosion control measures:

Contractor shall commence work on or about Start Date: and shall substantially complete work by Completion Date: unless otherwise agreed in writing.

3. ASSUMPTION OF RISK AND WAIVER

Contractor acknowledges that earth-disturbing activities create a material risk of soil erosion, sedimentation, and consequential damage to adjoining properties and waterways. Contractor voluntarily assumes all risk of loss or damage to Landowner and third parties arising from Contractor's activities, except to the extent caused by Landowner's gross negligence or willful misconduct.

To the fullest extent permitted by law, Contractor hereby waives, releases, and forever discharges Landowner from any and all claims, demands, liabilities, causes of action, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to soil erosion, sediment discharge, stormwater impacts, or related environmental harm resulting from Contractor's work on the Property.

4. INDEMNIFICATION

Contractor shall defend, indemnify, and hold harmless Landowner and Landowner's agents, employees, successors, and assigns from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees and costs of remediation) arising out of or in connection with Contractor's performance of the Scope of Work, including but not limited to claims related to erosion, sedimentation, property damage, bodily injury, regulatory enforcement, or third-party suits, except to the extent caused by Landowner's gross negligence or willful misconduct.

5. INSURANCE

Contractor shall maintain, at Contractor's expense, commercial general liability insurance covering bodily injury, property damage, and environmental liability with limits not less than: $ per occurrence and $ aggregate. Contractor shall also maintain workers' compensation and employer's liability insurance as required by law.

Upon request, Contractor shall provide Landowner with certificates of insurance evidencing the required coverages and naming Landowner as an additional insured with respect to Contractor's operations under this Agreement.

6. COMPLIANCE WITH LAW; PERMITS

Contractor shall obtain and maintain, at Contractor's expense, all permits, approvals, and authorizations required by applicable law, regulation, or ordinance for the performance of the Scope of Work, including any permits related to stormwater management or erosion control. Contractor shall comply with all applicable environmental laws, regulations, and permit conditions.

7. MONITORING; CORRECTIVE ACTION

Contractor shall inspect BMPs at intervals consistent with good industry practice and following significant weather events, and shall promptly undertake corrective action to remedy any failures or deficiencies. If Contractor fails to abate erosion or sedimentation in a timely manner after notice from Landowner, Landowner may take remedial measures and recover reasonable costs from Contractor.

8. TERM; TERMINATION

This Agreement shall commence on the Effective Date and shall remain in effect until completion of the Scope of Work and until Contractor has completed all post-construction BMP maintenance obligations as specified herein, unless earlier terminated in writing by mutual agreement or for material breach following thirty (30) days' written notice and failure to cure.

9. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand, certified mail, or other delivery service. Notices shall be effective upon receipt.

10. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument executed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

11. GOVERNING LAW

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

12. ENTIRE AGREEMENT

This Agreement, including any exhibits and attachments hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

13. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to best effectuate the parties' intent.

14. REPRESENTATIONS

Each party represents and warrants that (a) it has full power and authority to enter into this Agreement, (b) the execution and delivery of this Agreement has been duly authorized, and (c) this Agreement constitutes a legal, valid, and binding obligation enforceable against it in accordance with its terms.

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