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4
<br />5.
<br />6.
<br />A.
<br />1.
<br />A.
<br />B.
<br />2.
<br />3.
<br />4.
<br />1.
<br />statement of account. If it objects to the changed price or fuel surcharge, Customer shall notify the
<br />Contractor in writing within thirty (30) days after the date of first notification of the change or
<br />surcharge. In the absence of such objection, the price change shall be deemed accepted by the
<br />Customer and shall be considered by the parties as a binding modification to this Agreement, and this
<br />Agreement, as so modified, shall remain in full force and effect. If the Customer timely objects, then
<br />the Contractor reserves the right to continue this Agreement in full force and effect without any price
<br />changes or fuel surcharge.
<br />Termination, Remedies.
<br />This Agreement may be terminated by Contractor at any time in the event of a breach or a failure to
<br />comply with any covenant, term, or condition of this Agreement, but only after the Contractor has
<br />provided written notice of such breach or failure to comply and the same remains uncured for (i) seven
<br />(7) days after the Customer gives such notice in the event of nonpayment of amounts due hereunder, or
<br />(ii) thirty
<br />(30) days after Contractor gives such notice in the event of any other breach hereunder. Any amounts
<br />due pursuant to this Agreement at the time of cancellation will be due upon receipt of the aforementioned
<br />notice, including but not limited to any retainer. In the event of termination by Contractor, Contractor
<br />may, in addition to any other remedy it may have by contract, at law or in equity, immediately cease
<br />performing Services.
<br />Insurance.
<br />Customer shall maintain at all times during the term hereof general liability insurance in occurrence
<br />form with an insurance company or companies qualified to write such insurance in the state(s) where the
<br />Location or Locations, as the case may be, are located, with limits not less than One Million Dollars
<br />($1,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate.
<br />Customer shall give notice to Contractor at least thirty (30) days prior to any cancellation, termination
<br />or amendment of any such insurance policy.
<br />Cooperation in the Event of a Claim. In the event that Customer becomes aware of any alleged claim
<br />of injury or damage arising out of the performance of the Services, Customer shall give the other party
<br />written notice within two (2) business days thereafter, stating the details of the incident sufficient to
<br />identify, if possible, the persons involved, the location and circumstances of the incident, and the
<br />names, addresses, and telephone numbers of available witnesses. Customer shall cooperate with
<br />Contractor and any involved subcontractors in good faith in the handling of such claims, including any
<br />lawsuits or other proceedings, and in enforcing any right of contribution or indemnity.
<br />Limitation of Liability. In no event shall Contractor be liable for any special, consequential,
<br />incidental, punitive, or exemplary damages or losses of any kind whatsoever arising out of this
<br />Agreement.
<br />Non-Solicitation. During the term of this Agreement and for a period of two years thereafter, Customer
<br />(nor any person or entity having any relation to the directors, owners, or officers of Customer)
<br />shall not directly or indirectly entice, encourage or make any offer to employ, hire, perform work for,
<br />or contract with: (i) any current employee, agent, subcontractor, franchisee, independent contractor of
<br />Contractor; or (ii) any person who acted as an employee, agent, franchisee, subcontractor, or
<br />independent contractor of any franchisee or subcontractor of Contractor.
<br />Confidentiality. The parties acknowledge and agree that they may receive certain confidential
<br />information from the other party, including but not limited to, the programs, protocols, pricing,
<br />Docusign Envelope ID: 7BD29372-9C57-444E-BCFB-08BC7A7C8303
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