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TERMS AND CONDITIONS of the Ownership Transfer Fee. ..,rth on page 1 of this Agreement.In addition,Terminix 1. INITIAL TERM;RENEWAL.The term of this Agreement shall be a period of one(1)y reserves the right to revise the service charges upon transfer of ownership.In the event the ear beginning on the date executed (the"Initial Term`).Thereafter,this Agreement new owner fails to request continuation of this Agreement or does not agree to pay the shall automatically renew for additional one(1)year periods(each a`Renewal Term') unless earlier terminated in accordance with this Agreement. transfer fee of the revised service charges,thisAgreement will terminate automatically asof the Notwithstanding the foregoing, either Party may terminate thisAgreement by date of the change of ownership. providing the other Party with at least 30 days advance written notice prior to the start of any Renewal Term. 10.FORCE MAJEURE.Terminix shall not be liable to Purchaser for any failure to perfor m or delay in the performance under this Agreement attributable in whole or In part 2. FEES.Purchaser shall pay the fees for Initial Service Visit and subsequent quarterly to any cause beyond Its reasonable control and without its fault or negligence, Service Visits for the Initial Term and any Renewal Term in accordance with the Including but not limited to acts of God, fires, floods, earthquakes, strikes, payment terms set forth in this Agreement based upon the Payment Option unavailability of necessary utilities, blackouts, government actions, war, civil selected by Purchaser. disturbance,insurrection or sabotage. 3. PEST CONTROL SERVICE PLAN.Terminix shall control for and mitigate against infe 11. ADDITIONAL DISCLAIMERS.This Agreement does not cover and Terminix will not b stations of Standard Pests located in and around the structures on the Purchaser's a responsible for damage resulting from or services required for:(a)termites and/or premises through delivery of regular pest control service.For an additional charge, any other wood-destroying organisms,except as specifically provided herein;(b) Terminix shall control for and mitigate against infestations of Premium Pests moisture conditions, Including but not limited to fungus damage and/or water designated by Purchaser on Page 1 of this Agreement located in and around the leakage caused by faulty plumbing, roofs, gutters, downspouts and/or poor structures on the Purchaser's premises through delivery of regular pest control drainage;(c)masonry failure or grade alterations; service.All services shall be performed in accordance with procedures recognized (d)inherent structural problems Including,but not limited to,wood to ground contacts;(e) in the pest control industry and scientific community as effective against target termites entering any rigid foam,wooden or cellulose containing components in contact with pests.THIS AGREEMENT DOES NOT COVER AND TERMINIX SHALL HAVE NO the earth and the Structures regardless of whether the component is a part of the Structures OBLIGATION WHATSOEVER,WHETHER EXPRESS OR IMPLIED,TO REPAIR ANY DAMAGE TO THE STRUCTURES ON THE PREMISES OR THE CONTENTS THEREIN and(f)the failure of Purchaser to properly are at Purchaser's expense any condition that CAUSED BY ANY PESTS OR TO COMPENSATE PURCHASER FOR ANY SUCH prevents proper treatment or inspection or isconducive to pest infestation. DAMAGE. 12.CHANGE IN LAW.Terminix performs its services in accordance with the requiremen a. INITIAL SERVICE VISIT;SUBSEQUENT SERVICE VISITS.On the Initial service vi is of law.In the event of a change in existing law as it pertains to the services herein, sit,Terminix will apply pesticides both to the interior of the structures and the Terminix reserves the right to revise the service charges or terminate this exterior perimeter of the structures on the premises(the'Initial Treatment"). Agreement. Subsequent to the Initial Treatment,Terminix will apply pesticides only to the exterior perimeter of the structures on the premises once each calendar 13.NON-PAYMENT;DEFAULT.In case of non-payment or default by the Purchaser,Ter quarterly period during the Initial Term and any Renewal Term.Additionally,for minix has the right to terminate this Agreement. In addition,cost of collection, control of certain Premium Pests, Terminix may utilize other pest control including reasonable attorney's fees,shall be paid by the Purchaser,whether suit is strategies including use of traps and glue boards. filed or not.In addition,Interest at the highest legal rate will be assessed for the b. EXCLUDED PESTS.Terminix shall have no obligation to control for or mitigate a period of delinquency. gainat the following pests: Termites (subterranean, drywood, damp wood), 14,CHANGE IN TERMS.At the time of any renewal of this Agreement,Terminix may ch wood-boring beetles,bed bugs(Cimex lectularius),mosquitoes or any other pests ange this Agreement by adding,deleting or modifying any provision.Terminix will not specified as a Standard Pest or Premium Pest,unless otherwise agreed to in notify the Purchaser In advance of any such change,and Purchaser may decline to writing by Terminix. accept such a change by declining to renew this Agreement. Renewal of this Agreement will constitute acceptance of any such changes. c. INTERIM SERVICE VISITS.Subject to the limitations In Section 5—Purchaser Coo peration,Terminlx shall,upon the request of Purchaser and at no additional 15.SEVERABILITY.If any part of this Agreement is held to be invalid or unenforceable f costs to Purchaser,make a service visit to reapply pesticides to the structures or any reason,the remaining terms and conditions of this Agreement shall remain In on the premises as is reasonably necessary to control for and mitigate against full force and effect. acute infestations of Standard Pests and/or Premium Pests which occur between the regularly scheduled quarterly service visits. 16.MANDATORY ARBITRATION.Any claim,dispute or controversy,regarding any cont ract,tort,statute or otherwise("Claim"),arising out of or relating to this agreement 4. ACCESS TO PROPERTY.Purchaser must allow Terminix access to the structures for or the relationships among the parties hereto shall be resolved by one arbitrator any purpose contemplated by this Agreement, including but not limited to through binding arbitration administered by the American Arbitration Association reinspections, whether the inspections were requested by the Purchaser or ("AAA'),-under the AAA Commercial or Consumer,as applicable,Rules in effect at considered necessary by Terminix.The failure to allow Terminix such access will the time the Claim isfiled('AAA,Rules"),Copies of the AAA Rules and forms can be terminate this Agreement without further notice. located at www.adr.org,or by calling 1800.778.7879.The arbitrator's decision shall be final,binding and non-appealable.Judgment upon the award may be entered 5. PURCHASER COOPERATION.Purchaser's cooperation is important to ensure the m and enforced In any court having jurisdiction.This clause is made pursuant to a at effective results from Services.Whenever conditions conducive to the breeding transaction involving interstate commerce and shall be governed by the Federal and harborage of pests covered by this contract are reported In writing by Terminix Arbitration Act.Neither party shall sue the other party other than as provided herein to the Purchaser, and are not corrected by Purchaser, Terminix cannot ensure or for enforcement of this clause or of the arbitrator's award;any such suit may be effective Services. If Purchaser fails to correct the conditions noted by Terminix brought only in Federal District Court for the District or,if any such court lacks within a reasonable time period, all guarantees as to the effectiveness of the jurisdiction, in any state court that has jurisdiction.The arbitrator, and not any Services in this Agreement shall automatically terminate. Further, additional federal,state or local court,shall have exclusive authority to resolve any dispute treatments In areas of such conditions that are not corrected as required shall be relating to the Interpretation, applicability, unconscionability, arbitrability, paid for by Purchaser as an extra charge. enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable.However,the preceding sentence shall not 6. 30-DAY MONEY-BACK GUARANTEE,IF WITHIN THE THIRTY(30)DAY PERIOD IM apply to the clause entitled"Class Action Waiver"Venue for arbitration hereunder MEDIATELY FOLLOWING ANY INSPECTION OR SERVICE TREATMENT PROVIDED shall lie in Memphis,TN. BY TERMINIX UNDER THIS AGREEMENT, PURCHASER IS NOT SATISFIED WITH THE SERVICES RENDERED,AS PURCHASER'S SOLE AND EXCLUSIVE REMEDY 17.CLASS ACTION WAIVER.Any Claim must be brought in the parties'Individual cape AND UPON PURCHASER'S WRITTEN REQUEST, TERMINIX SHALL REFUND TO city, and not as a plaintiff or class member in any purported class, collective, PURCHASER ANY FEES PAID BY PURCHASER FOR SUCH INSPECTION OR representative,multiple plaintiff or similar proceeding("Class Action').The parties SERVICE TREATMENT AND THIS AGREEMENT SHALL BE TERMINATED WITHOUT expressly waive any ability to maintain any Class Action in any forum.The arbitrator ANY FURTHER LIABILITY ON THE PART OF TERMINIX. shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the 7. LIMITATION OF LIABILITY;LIMITED WARRANTY.EXCEPT AS OTHERWISE PROHIB arbitration.Any claim that all or part of this Class Action Waiver is unenforceable, ITED BY LAW,TERMINIX DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY unconscionable,void or voidable may be determined only by a court of competent LIABILITY FOR INDIRECT,SPECIAL,INCIDENTAL,CONSEQUENTIAL,EXEMPLARY, jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY PUNITIVE AND/OR LOSS OF ENJOYMENT DAMAGES. THE OBLIGATIONS OF WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT,TO HAVE A TERMINIX SPECIFICALLY STATED IN THIS AGREEMENT ARE GIVEN IN LIEU OF JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR ANY OTHER OBLIGATION OR RESPONSIBILITY,EXPRESS OR IMPLIED,INCLUDING REPRESENTATIVE ACTION, HOWEVER, THE PARTIES UNDERSTAND AND ANY REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH PURPOSE.THIS AGREEMENT DOES NOT PROVIDE FOR THE REPAIR OF ANY ARBITRATION. DAMAGE CAUSED BY PESTS.THIS AGREEMENT DOES NOT GUARANTEE,AND TERMINIX DOES NOT REPRESENT,THAT PESTS WILL NOT RETURN SUBSEQUENT 18.GOVERNING LAW.Except for the Mandatory Arbitration Clause in Section 15 of this TO SERVICE TREATMENTS. Agreement which is governed by and construed in accordance with the Federal Arbitration Act,this Agreement shall be governed by,and construed in accordance 8. WATER LEAKAGE.Water leakage in treated areas,in interior areas or through the r with,the laws of the state in which the dispute arises without regard to the conflict oof or exterior walls of the structures on the premises, may destroy the of laws provisions. effectiveness of treatment by Terminix and is conducive to new Infestation. Purchaser is responsible for making timely repairs as necessary to stop the leakage. 19.ENTIRE AGREEMENT.This Agreement,together with all exhibits thereto,constitute Purchaser's failure to make timely repairs will terminate this Agreement s the entire agreement between the parties and supersedes all proposals,oral or automatically without further notice.Terminix shall have no responsibility for repairs written,and all other communications between the parties relating to such subject with respect to water leakage. matter,and no other representations or statements will be binding upon the parties. This Agreement may not be modified or amended in any way without the written 9. OWNERSHIP TRANSFER.Upon transfer of ownership of the structures,Services me consent of both parties. y be continued upon request of the new owner and upon payment www.terminix.com Key#33235 Residential Pest Control Service Plan(3.5.2014)New 3/2014 Rev 3/2015 0 2015 The Terminix International Company Limited Partnership.All rights reserved.