Term. Customer grants to Contractor the exclusive right to collect and dispose of all Customers’ residential materials as warranted below (including recyclables) for an initial term of one (1) year from the effective service date. The term of this agreement shall be automatically renewed for like terms thereafter unless either party shall give written notice of termination by certified mail to the other at least sixty days prior to the termination of the initial term or any renewal term. In the event customer terminates this agreement other than as provided above or Contractor terminates this Agreement for Customer’s non-payment, Customer shall pay to Contractor as liquidated damages a sum calculated as follows: (1) if the remaining term under this Agreement is six or more months, Customer shall pay to contractor it's most recent monthly charge multiplied by six: or (2) if the remaining term under this Agreement is less than six months, Customer shall pay it most recent monthly charge multiplied by the number of months remaining in the term. However, if customer should move within Contractor’s service area, Contractor reserves the sole right to either continue to service customer or cancel service for its convenience. Should customer move outside of Contractor’s service area, Contractor will terminate agreement and waive liquidated damages. All termination requests should be made in writing and sent certified mail.

Changes and cost increases. Because disposal and fuel cost is a significant portion of the cost of Contractor’s services provided hereunder, Contractor may increase the Schedule of Charges proportionately to reflect any increase in such costs. The Schedule of Charges may also be adjusted from time to time to reflect increases in the Consumer Price Index. (Subject to Customer’s approval, given 30 days advance notice, the schedule of charges may be adjusted for reasons other than increases in disposal or fuel costs or the Consumer Price Index) Those charges in the Schedule of charges requiring Customer approval and changes to the frequency of collection service or the amount, capacity and type of equipment used may be agreed to verbally, in writing or by the actions and practices of the parties.

Waste Materials. Customer warrants that the waste materials delivered to Contractor will not contain any hazardous, toxic or radioactive wastes or substances as defined by applicable federal, state, or local laws, or regulations. Contractor shall acquire title to the waste material when loaded into Contractor’s vehicles: provided, however, that title to and liability for the waste materials excluded from this Agreement shall remain with Customer, and Customer agrees to indemnify, defend and hold harmless Contractors against all claims, damages, suits penalties, fines and liabilities arising out of the breach of the above warranties including, without limitations, liabilities for violation of laws or regulations, for injury or death to persons for loss or damage to property or the environment, and /or for attorney’s fees and expenses of litigation.

Responsibility for Equipment. The equipment furnished by contractor hereunder shall remain the property of the Contractor, and Customer shall have no interest in such equipment. Customer shall be responsible for all loss or damage (including, but not limited to, graffiti and other acts of vandalism) to the equipment except for normal wear and tear or for loss or damage resulting from Contractors handling of the equipment. Customer shall not overload (by weight or volume), move or alter the equipment, and shall use the equipment only for its proper and intended purpose. Customer agrees to indemnity, defend and hold harmless Contractor against all claims, damages, suits, penalties, fines, and liabilities including attorney’s fees and expenses of litigation for injury or death to persons or loss or damage to property arising out of Customer’s use, operation or possession of the equipment. On collection day, Customer shall provide unobstructed access to the equipment. If the equipment is inaccessible, Customer will be notified, and any additional collection service or attempt to provide such service shall be charged as an “extra pick-up.”

Charges and Payments. Customer shall pay Contractor for its services in accordance with the Schedule of Charges shown on the face of its Agreement. Where the Schedule of Charges specifically indicates “disposal” as a component of the charges, “disposal” shall mean the posted gate rate for disposal at the disposal facility utilized by Contractor plus an appropriate handling charge. Customer shall be liable for all of Customer’s waste materials or the services performed hereunder. Customer shall make payment within ten days after receipt of an invoice from Contractor. In the event that any payment is not made when due, Contractor may terminate this Agreement on notice to Customer, recover any equipment on the premises of Customer and recover the liquidated damages described above. Contractor may impose and Customer agrees to pay a late fee of $25 plus interest at the lower of 1 ½% per month or the maximum non-usurious rate allowed by applicable law.

Pavement Damage. Contractor shall not be responsible for damages to Customer’s pavement or other driving surface resulting from the weight of Contractor’s vehicles.

Attorney’s Fees. In the event of a breach of this Agreement, the breaching party shall pay all reasonable attorney’s fee, collection fees and costs of the other party incident to any action brought to enforce this agreement.