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2005-03-23 CC Packet
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2005-03-23 CC Packet
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<br />Property Maintenance Contracl2003 <br />Pro Lawn <br />Page 3 of4 <br /> <br />INSURANCE <br /> <br />Pro Lawn Maintenance, LLC represents that itmaintains and shall continue to maintain insurance <br />covering its liability under this contract for loss or damage to persons or property from any act or <br />omissions and arising directly from the provision of service hereunder, subject to the limitations of this <br />contract. Pro Lawn certifies that it has Worker's Compensation Insurance. <br /> <br />INDEMNITY <br /> <br />The Client shall indemnify and hold harmless Pro Lawn Maintenance, LLC and any of its directors, <br />officers, shareholders, employees, and agents from and against any action or threatened action suit or <br />proceedings arising out of, or as a result of, the indemnifying part's performance under this contract and <br />against any and all claim, expenses, losses or oamages (including reasonable attorney's fees), arising out <br />of the clients willful negligence or willful acts of omission. <br /> <br />LEGAL EXPENSES <br /> <br />In the event Pro Lawn Maintenance, LLC commences a lawsuit for the recovery of payments due pursuant <br />to the contract or any other amount due under the provisions of this contract, due to liability, loss, damage, <br />cost, or expense (including reasonable attorney's fee) by reason of any act or omission of client or because <br />of default in the clients performance of any other term or provision of this contract, the client shall pay Pro <br />Lawn Maintenance, LLC reasonable attorney fees and costs and disbursements associated there with. <br /> <br />ADDITIONAL NOTES <br /> <br />. <br /> <br />This contract supersedes any and all other agreements, either oral or in writing between the parties <br />with respect to the matter stated herein and this contract contains all of the agreements between the <br />parties with respect thereto. This contract may be amended or modified only in writing and shall be <br />effective only after signed by both parties. <br />The failure of either party to this contract to insist upon the performance of any of the terms and <br />conditions of this contract, or the waiver of any breach of any of the terms and conditions of this <br />contract, shall not be construed as thereafter waiving any such terms and conditions, but these shall <br />continue and remain in full force and effect as if no such forbearance or waiver had occurred. <br />If any provision of this contract is held to be invalid or unenforceable for any reason whatsoever, the <br />remaining provisions shall remain valid and unimpaired and shall continue in full force and effect. <br />AIl work orders and communication must come from the client contact person listed on this contract <br />for the above listed site. Other persons, other than the client contact person, handling any portion of <br />said contract must be authorized in writing by the client contact person to Pro Lawn Maintenance. <br />Work shall include all labor, supervision, tools, vehicles, supplies and other services that are necessary <br />to maintain the above contracted services. <br />Vehicles and equipment will be operated safely and procedures employed shall be according to <br />accepted industry standards. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br />
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