CONTAINER DAMAGE. CUSTOMER WILL TAKE ALL STEPS NECESSARY TO INSURE PROPER CARE OF CONTRACTORS ROLL-OFF CONTAINER WHILE ON CUSTOMERS JOB SITE.
CUSTOMER WILL AGREE TO PAY FOR DAMAGES TO CONTAINER DUE TO NEGLIGENT CARE AND USE.
CONTRACTS. CUSTOMER INSURES THAT NO OTHER CONTRACTS TO PERFORM SERVICE ARE IN FORCE THAT WOULD INTERFERE WITH TERM AND CONDITIONS OF THIS CONTRACT.

SPECIAL WASTE. CUSTOMER WARRANTS THAT SPECIAL WASTE DELIVERED TO CONTRACTORS FURNISHING OF SERVICES AND EQUIPMENT FOR SPECIAL WASTE HAS ALL CORRECT CHARACTERISTICS MEETING ALL LOCAL STATE AND FEDERAL REQUIREMENTS FOR SUCH WASTE. CONTRACTOR HAS THE RIGHT TO REJECT OR REFUSE TO HAUL ANY LOAD OF WASTE IF CONTRACTOR BELIEVES CUSTOMER HAS MISREPRESENTED WASTE IN CONTAINER. CONTRACTOR MAY EITHER REMOVE AND DISPOSE OF THAT WASTE AND CHARGE CUSTOMER FOR THE COSTS OR REQUIRE CUSTOMER TO REMOVE WASTE FROM CONTAINER.

CHANGES AND COST INCREASES. BECAUSE FUEL COST AND DISPOSAL ARE A MAJOR PORTION OF CONTRACTORS COST OF SERVICES CONTRACTOR MAY INCREASE THE CHARGES FOR SERVICES UNDER TERMS TO CUSTOMER TO REFLECT ANY SUCH COST. CHARGES FOR SERVICES MAY ALSO BE ADJUSTED TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SUBJECT TO CUSTOMERS APPROVAL. CHARGES FOR SERVICES MAY BE ADJUSTED FOR REASONS OTHER THAN INCREASES IN DISPOSAL, FUEL, CONSUMER PRICE INDEX. THOSE CHANGES IN THE PRICING REQUIRING CUSTOMER APPROVAL AND A CHANGE IN THE FREQUENCY OF SERVICES OF THE AMOUNT CAPACITY AND TYPE OF EQUIPMENT USED MAY BE AGREED TO VERBALLY IN WRITING OR BY THE PRACTICES OF THE PARTIES AND ACTIONS OF BOTH PARTIES.

PAVEMENT DAMAGE. CONTRACTOR SHALL NOT BE RESPONSIBLE FOR DAMAGE TO CUSTOMERS PAVEMENT OR DRIVING SURFACE RESULTING FROM THE WEIGHT OF CONTRACTORS VEHICLES.

PAYMENT. CUSTOMER AGREES TO MAKE PAYMENT WITHIN TEN (10) DAYS AFTER RECEIPT OF STATEMENT.

INDEMNITY. CUSTOMER HEREBY AGREES TO INDEMNIFY AND HOLD SMITHEY AND THE DISPOSAL SITE HARMLESS FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, SUITS, LIABILITY, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE INVESTIGATION AND LEGAL EXPENSES) ARISING OUT OF ANY CLAIM FOR LOSS OF OR DAMAGE TO PROPERTY, INCLUDING SMITHEY PROPERTY, AND INJURIES TO OR DEATH OF PERSONS INCLUDING CUSTOMERS OR SMITHEY EMPLOYEES, CAUSED BY OR RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS, OR REGULATIONS OF CUSTOMER, ITS EMPLOYEES OR AGENTS OR CUSTOMER DELIVERY TO SMITHEY OF WASTE EXCLUDED FROM THE DEFINITION OF SOLID WASTE. SMITHEY HEREBY AGREES TO INDEMNIFY AND HOLD CUSTOMER HARMLESS FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, SUITS, LIABILITY, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE INVESTIGATION AND LEGAL EXPENSES) ARISING OUT OF ANY CLAIM FOR LOSSS OF OR DAMAGE TO PROPERTY, INCLUDING CUSTOMER’S PROPERTY, AND INJURIES TO OR DEATH OF PERSONS, INCLUDING SMITHEY OR CUSTOMER’S EMPLOYEES, TO THE EXTENT CAUSED BY OR RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF SMITHEY, ITS EMPLOYEES, OR AGENTS.

FORCE MAJEURE. EXCEPT FOR THE OBLIGATION TO PAY FOR SERVICES RENDERED, NEITHER PARTY HEREOT SHALL BE LIABLE FOR ITS FAILURE TO PREFORM HEREUNDER DUE TO CONTINGENCIES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, STRIKES, RIOTS, WAR, FIRE, ACTS OF GOD, COMPLIANCE WITH ANY LAW, REGULATION, OR ORDER, WHETHER VALID OR INVALID, OF THE UNITED STATES OF AMERICA OR ANY OTHER GOVERNMENTAL BODY OR ANY INSTRUMENTALITY THEREOF, WHETHER NOW EXISTING OR HEREAFTER CREATED, OR THE REVOCATION, SUSPENSION, DENIAL OR MODIFICATION OF ANY PERMT, LICENSE OR APPROVAL REGARDING USE, OPERATION, OR CLOSURE OF THE DISPOSAL SITE.

ENTIRE AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING BETWEEN SMITHEY AND CUSTOMER HERETO AND CANCELS AND SUPERSEDES ALL PRIOR NEGOTIATIONS, REPRESENTATIONS, UNDERSTANDING, AND AGREE, EITHER WRITING OR ORAL, WITH RESPECT TO THE SUBJECT MATTER HEREOF, NO CHANGES, ALTERATIONS OR MODIFICATION TO THIS AGREEMENT WILL BE EFFECTIVE UNLESS IN WRITING AND EXECUTED AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN.