|
Agreement Page 2
<br /> 3. EnviroQuest and the agents of EnviroQu not to violate the confidentiality of the clie ugh the release of a discussion of
<br /> conu*b ac agreements,analysis results, sing procedures and any information considereMoprietary by the client.In the event that
<br /> EnviroQuest or its agents are required to disclose such information pursuant to a court order,then this provision shall be waived by the client.
<br /> 4. Client recognizes that SIVAS relies on statistical analysis of data provided by client which may not be capable of producing a conclusive analysis.
<br /> Results only indicate possibilities or trends.EnviroQuest Technologies or its agents are not responsible or liable for analyses which, while
<br /> statistically accurate,do not identify leaks or other failures.In no event,whether as a result of breach of contract,warranty,tort(including
<br /> negligence and strict liability)or otherwise,shall EnviroQuest or its agents be liable for any special,consequential,incidental or penal damages,
<br /> including,but not limited to,loss of profit or revenues,loss of use or cost of repair of UST's or any associated equipment,cost of substitute or
<br /> replacement services,cost of repair or damages caused by.undetected leaks or damages to the environment,down time costs or claims of client
<br /> or anyone claiming through client for any such damages;nor shall EnviroQuest Technologies'or its agents' total liability to client for any and all
<br /> loss or damage arising out of or resulting from this agreement or from its performance or breach,or from the services f furnished hereunder,exceed
<br /> the price of the service provided during one year's term of this agreement with respect to a specific UST which gives rise to the claim.Any such
<br /> liability shall terminate upon the expiration of this agreement.
<br /> 5. The client agrees that if EnviroQuest Technologies or its agents,provide client with recommendations,advice or other assistance which concerns
<br /> any service supplied hereunder,the furnishing of such recommendations,advice or assistance will not subject EnviroQuest Technologies or its
<br /> agents to any liability,whether in contract,warranty,tort(including negligence and strict liability)or otherwise.
<br /> 6. Client shall hold harmless EnviroQuest Technologies and its agents,from,and indemnify against,any and all actions,causes,losses,penalties and
<br /> fines related to or arising out of client's ownership,installation and operations of its UST's except to the extent directly related to EnviroQuest
<br /> Technologies'or its agents' gross negligence or willful misconduct.ENVIROQUEST TECHNOLOGIES AND ITS AGENTS DISCLAIM ALL
<br /> OTHER WARRANTIES,EXPRESSED OR IMPLIED,INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
<br /> MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
<br /> 7. This contract shall be binding upon the parties and their respective successors and assigns.This agreement may not be assigned by client without
<br /> the written consent of EnviroQuest Technologies.EnviroQuest Technologies may assign all or part of its rights,obligations and dudes herein to
<br /> a third party.
<br /> 8. This Agreement shall be effective as of the day and year above written and shall automatically renew for successive twelve month periods unless
<br /> notice is given,in writing,by either party 60 days in advance of said renewal date.Any notice hereunder shall be sufficient if sent by ted mail,
<br /> return receipt requested, to the client at its primaryplaceof business,and to Shield=. HarperCo.. Inc..5107
<br /> Broadway,Oakland,CA.94611.
<br /> 9. This Agreement shall be interpreted in accordance with the laws of the State of Missouri.In the event EnviroQuest Technologies or its agents and
<br /> client have a dispute under this Agreement,they may attempt to resolve the dispute in good faith through negotiation,mediation,or similar
<br /> alternative dispute resolution techniques.If such good faith attempt to resolve the dispute is unsuccessful,the dispute shall be submitted to
<br /> arbitration rules of the American Arbitration Association.The decision of the arbitrators shall be final and binding upon the parties hereto,and
<br /> the judgment thereon may be entered in any court having jurisdiction.
<br /> 10. In the event either party commences a legal proceeding,including arbitration,to enforce any of the provisions set forth in this agreement,the
<br /> unsuccessful party shall pay the prevailing party's reasonable attorney's fees,costs and expenses relating to such action.
<br /> 11. Should any part of this agreement become or be held to be invalid,the remaining portions shall remain in full force and effect.
<br /> 12. Any payment received more than 15 days after the due date are subject to a late charge of 10%.Should client be more than 30 days late in paying
<br /> fees,EnviroQuest Technologies or its agents may discontinue the monthly monitoring service until all arrearage have-been paid,or may,at
<br /> EnviroQuest Technologies'option,terminate this agreement.
<br /> 13. This document contains the entire agreement between the parties with respect to the subject matter hereof.Any modification of this agreement must
<br /> be in writing,signed by both parties and attached hereto.
<br /> IN WITNESS WHEREOF,the parties have executed this agreement as the day and year first above written.
<br /> EnviroQuest Technologies,Ltd. Shield:. Harper & Co.. Inc.(Agent for EnviroQuest Technologies,Ltd.)
<br /> CLIENT ENVIROQArm
<br /> By: /� BY�
<br /> Title: / // t C!/I4 TitleV— S 75 Q3
<br /> Company: ' ' 1
<br /> WW
<br /> � I
<br />
|