This agreement is made between Indiana Recovery Services (Contractor) and (Client) for the purpose of engaging the services of Indiana Recovery Services in repossessing the property described herein.
THEREFORE, in consideration of the mutual promises and agreements of Indiana Recovery Services and
Client as set forth herein, it is agreed as follows:
1. a. Indiana Recovery Services will at all times perform services without breaching the peace and in accordance with all applicable local, state, and federal laws, regulations, and ordinances.
b. Indiana Recovery Services warrants that it is insured and that it will maintain required coverage without interruption during the term hereof. Indiana Recovery Services will provide evidence of such insurance upon request.
2. Indiana Recovery Services agrees to indemnify and hold harmless Client from and against any and all claims, demands, losses, damages or actions arising out of Indiana Recovery Services acts or omissions in the performance of its services hereunder and from Indiana Recovery Services breach of any warranty contained herein. Client agrees to cooperate with Indiana Recovery Services in the defense of any matter for which client is indemnified hereunder.
3. Client warrants that it holds a valid security interest in the property to be repossessed pursuant to this agreement and that it has the right to possession of such property. Client will provide Indiana Recovery Services with a description of any property to be repossessed hereunder.
4. Client agrees to indemnify, hold harmless, and defend Indiana Recovery Services from and against any and all claims, demands, losses, damages or actions arising out of Client’s breach of any warranty hereunder. Client’s duty shall arise without the necessity of any alleged breach of warranty being proven. Indiana Recovery Services agrees to cooperate with Client in the defense of any matter for which Client is indemnified hereunder.
5. Notwithstanding anything to the contrary in this Agreement, the relationship of Indiana Recovery Services and Client is that of independent contractors, and nothing contained herein shall be construed as to constitute the parties as partners or joint ventures, or as agents of one another.
6. The term of this agreement shall be for one year from the date hereof and shall automatically renew for successive one-year terms until cancelled by either party. Either party may cancel this agreement at any time upon thirty (30) days’ notice.
7. Indiana Recovery Services agrees that during the term of this Agreement and thereafter, confidential information (including all non-public personal as defined by Federal regulations implementing the
Gramm-Leach-Bliley Act) is to be used solely in connection with satisfying its obligations pursuant to this Agreement, and that it shall neither disclose confidential information to any third party, nor use confidential information for its own benefit, except as may be necessary to perform its obligations pursuant to this Agreement.