1.FRYER OIL AND GREASE TRAP SERVICE
Client hereby appoints A&P Grease Trappers, Inc. as the exclusive service provider to collect and dispose of grease trap materials, service, and maintain all grease traps at the Service Location (collectively, the Services A&P shall be responsible for disposal of all grease trap contents in accordance with all applicable laws, regulations, and local ordinances. A&P shall perform the Services at the frequency set forth on the reverse page. Customer agrees that A&P Grease Trappers, Inc. shall have the exclusive right to provide the services to Customer and to remove any used cooking oil from customer’s place of business during the term of this agreement. Customer represents and warrants to A&P Grease Trappers, Inc. that Customer shall take all actions reasonably necessary to prevent removal of Customer’s used cooking oil from Customer’s place of business by any person or entity other than A&P Grease Trappers, Inc during the term of this agreement. Customer further agrees to store all of Customer’s used cooking oil only in the containers provided by A&P Grease Trappers, INC, and Customers shall take all reasonable action necessary to provide A&P Grease Trappers, Inc access to container.
Each service appointment shall consist of one ½ hour of service to be billed at the rate set forth on the reverse page. If additional time is required for A&P to perform the Services during any service appointment (due to excessive waste accumulation or any other factors), the Services will be billed at (a) $50 for each 15 minutes of service if only one A&P service representative is required to perform the Services or (b) $110 for each 15 minute if more than one A&P service representative is required to perform the Services. A&P reserves the right to determine, in its sole and absolute discretion, whether additional time above one half hour is required for it to perform the Services and the number of its representatives that are required to perform the Services. Preventative hydro-jetting includes up to 150 feet of inlet and outlet main sewer lines from the grease trap(s), and can only be provided if each grease trap is located outside and has adequate clean-out access to sewer lines. Additional charges will apply for jet service of sewer lines in excess of 150 feet. A minimum trip charge of $100 will be billed for any service appointment that Client cancels without providing A&P with at least 24 hours’ notice of the cancellation. Emergency calls altering the existing routed schedule are subject to an off-route charge of $100. All payments are due and payable by Client to A&P with 15 days of the invoice date.
This Agreement shall be for an initial term set forth on the previous page. After the expiration of the initial or any succeeding term, this Agreement shall automatically renew on an annual basis, unless either party notifies the other by Certified U.S. Mail not less than 30 days prior to the expiration of the then-existing term of its intention not to renew. If laws, ordinances or regulations are adopted during any term that materially affect either party’s performance under this Agreement, either party may terminate this Agreement on 30 days’ written notice. This Agreement will renew on
Client represents and warrants that its execution of this Agreement and the parties’ performance under it will not result in a breach of any contract or other agreement or require the landlord’s consent or waiver.
Client hereby grants A&P and its designees a license to enter onto the Service Location to perform the Services and for any other purpose related to this Agreement. The license shall terminate on the termination of this Agreement. Client shall not allow anyone other than A&P to perform the Services at the Service Location during the term of this Agreement.
A&P will maintain, at its own expense, (a) all required permits and other approvals for the Services at the Service Location and (b) general liability and vehicle liability insurance coverage for $1,000,000 in aggregate claims arising out of A&P activities at the Service Location. A&P shall provide Client, on request, with proof of insurance. Client will maintain, at its own expense, general liability insurance coverage for $1,000,000 in aggregate claims arising out of its activities at the Service Location, including use of any grease trap materials at the Service Location. Client shall provide A&P, on request, with proof of insurance.
A&P shall not be liable for any acts, events or occurrences beyond its control, including any action or inaction by Client and/or its agents, employees or representatives (including without limitation the failure to exercise reasonable care when using any grease trap equipment at the Service Location), acts of nature or vandalism. A&P shall not be liable to Client for any special, incidental, indirect, punitive or consequential damages, or damages for lost profits, lost income or lost revenue, or for costs of procurement of replacement services, whether foreseeable or not, arising out of, or in connection with this Agreement, all claims for which damages are hereby specifically waived.
Each party agrees to indemnify, defend and hold the other harmless from and against all demands, claims, liabilities, losses or damages, including legal fees and costs, arising out of its breach of any provision of this Agreement and/or negligence, recklessness or willful misconduct.
9. ALTERNATIVE DISPUTE RESOLUTION
This Agreement is entered in Illinois and shall be governed by Illinois law. Any dispute, claim or controversy arising out of or relating in any way to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, shall be determined by binding arbitration in West Chicago, Illinois, DuPage County before one arbitrator. The parties understand that by agreeing to binding arbitration, they waive the right to submit the dispute for determination by a court and thereby also waive the right to a jury or court trial. Any arbitration award shall be enforced by the DuPage County Court. The prevailing party in any proceeding or action relating to this Agreement shall be entitled to an award against the other party of all costs, fees and expenses, including attorneys’ and experts’ fees.
This Agreement contains the entire agreement of the parties. This Agreement may be modified by subsequent agreement of the parties only by a writing signed by both. The parties represent that the persons signing this Agreement have all required authority to enter this Agreement for them and to bind them without further action. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.