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<br />! <br /> <br />Property Maintenance Contract 2002 <br />Valley Creek Lawn & Landscape, Inc. <br />Page 3 of 4 <br /> <br />DEFAUL T OR DELAY OF GOODS OR SERVICES-continued <br /> <br />f. Delays of supplier or delay of transportation for any reason; <br />g. Causes beyond the control of Valley Creek Lawn & Landscape, Inc. in furnishing items or <br />services including but not limited to breakdown or failure of machinery or equipment. <br /> <br />Acceptance of delivery or goods or services shall constitute a waiver and release of Valley <br />Creek Lawn & Landscape, Inc. by Client of any claim for damages, setoff, discount or other <br />liability on account of delay. <br /> <br />INSURANCE <br /> <br />Valley Creek Lawn & Landscape, Inc. represents that it maintains and shall continue to maintain <br />insurance covering its liability under this contract for loss or damage to persons or property from <br />any acts or omissions and arising directly from the provision of service hereunder, subject to the <br />limitations of this contract. Valley Creek Lawn & Landscape, Inc. certifies that it has Worker's <br />Compensation insurance. <br /> <br />INDEMNITY <br /> <br />The Client shall indemnify and hold harmless Valley Creek Lawn & Landscape, Inc. and any of <br />its directors, officers, shareholders, employees and agents from and against any action or <br />threatened action, suit or proceedings arising out of, or as a result of, the indemnifying part's <br />performance under this contract and against any and all claims, expenses, losses or damages <br />(including reasonable attorney's fees), arising out of the clients willful negligence or willful acts <br />of-omission. <br /> <br />LEGAL EXPENSES <br /> <br />In the event Valley Creek Lawn & Landscape, Inc. commences a lawsuit for the recovery of <br />payments due pursuant to the contract or any other amount due under the provisions of this <br />contract, due to liability, loss, damage, cost, or expense (including reasonable attorney's fees) <br />by reason of any act or omission of client or because of default in the clients performance of any <br />other term or provision of this contract, the client shall pay Valley Creek Lawn & Landscape, Inc. <br />reasonable attorney fees and costs and disbursements associated there with. <br /> <br />ADDITIONAL NOTES <br /> <br />· This contract supersedes any and all other agreements, either oral or in writing between the <br />parties with respect to the matter stated herein and this contract contains all of the <br />agreements between the parties with respect thereto. This contract may be amended or <br />modified only in writing and shall be effective only after signed by both parties. <br />