TERMS AND CONDITIONS

Term: The initial term of this Agreement is twenty-four (24) months, commencing on the next billing following signing this agreement.  This Agreement shall automatically renew for successive twelve (12) month terms, unless either party gives written notice of termination to the other party at least sixty (60) days prior to the expiration of the initial term or any subsequent renewal term.  If Customer moves out of Contractor’s service area, Customer may terminate this Agreement upon 30 days’ prior written notice to Contractor.

Rate: The rate is guaranteed for twenty-four (24) months.  Thereafter, Robert Wright Disposal may increase the rates hereunder to adjust for increases in disposal costs and increases in taxes, fees or other governmental charges assessed against or passed through to Robert Wright Disposal (other than income or real property taxes).

Payments:  Each invoice is due to Robert Wright Disposal based upon the notice on your invoice.  Customer will pay $30 for each check rejected for insufficient funds.

Waste: The waste materials to be collected by Robert Wright Disposal pursuant to this Agreement consist of all solid waste and recyclable materials generated or collected by Customer at the address(es) listed above ("Waste Materials" or “Waste”).  Waste Materials specifically excludes and Customer agrees not to deposit in Robert Wright Disposal’s equipment or place for collection by Robert Wright Disposal  any construction debris, bulky items (such as furniture or appliances), radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic, special or hazardous waste or material as defined by applicable federal, state or local laws or regulations ("Excluded Waste").  

Equipment:  Any equipment furnished hereunder by Robert Wright Disposal shall remain the property of Robert Wright Disposal; however, Customer acknowledges that Customer has care, custody and control of the equipment while at Customer’s location.

Pavement:  Customer warrants that the pavement, curbing or other driving surface at or adjacent to its premises are sufficient to bear the weight of Robert Wright Disposal equipment and vehicles.

Breach:  If either party shall be in breach of any provision of this Agreement, the other party may suspend its performance hereunder until such breach has been cured or terminate this Agreement; provided, however, that no termination of this Agreement shall be effective until the complaining party has given written notice of such breach to the breaching party and the breaching party has failed to cure such breach within ten (10) days after receipt of such notice.  In any legal proceeding arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees from the non-prevailing party.  

Right of First Refusal:  Customer grants Robert Wright Disposal a right of first refusal to match any offer Customer receives (or makes) related to the provision of solid waste collection and disposal services.

Early Termination:  In the event Customer terminates this Agreement prior to expiration of the term, other than as a result of a breach by Robert Wright Disposal, or Robert Wright Disposal terminates this Agreement for Customer's breach (including nonpayment), Customer agrees to pay to Robert Wright Disposal all past due sums plus, as liquidated damages, a sum calculated as follows: (a) if the remaining term is six (6) or more months, the average of Customer's most recent six (6) monthly charges multiplied by six (6); or (b) if the remaining term is less than six (6) months, the average of Customer's most recent six (6) monthly charges multiplied by the number of months remaining in the term. If the term has not yet run for six (6) months, the average of Customer's monthly charges to date shall be used.

Agreement:  If any one or more provisions herein are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and the invalid, illegal, or unenforceable provision shall be modified only to the extent necessary to make it enforceable.