“Customer” means the individual or entity designate as customer in the service information section of this Agreement.
“Service Location” means Customer’s premises where the equipment is located as indicated on this Agreement.
“Equipment” as used in this Agreement shall mean all containers used for storage and handling of Waste Material including containers, trailers and any other on-site devices as may be specified in this Agreement, to the extent that the same are provided by DOD. “Waste Materials” include all non-hazardous, recyclable and compostable materials generated on the service location and designated as waste by Customer or Customer’s agents.
EQUIPMENT LOCATION. Prior to delivery of the equipment, Customer shall designate a specific area within the service location for storage of the equipment. Customer shall be solely responsible for any and all required approvals necessary to store the equipment on the designated area. Customer shall not move the equipment without prior written authorization from DOD.
PAVEMENT OR PROPERTY DAMAGE. DOD shall not be responsible for damage to Customer’s pavement or other driving surface resulting from the weight of DOD’s vehicles servicing the equipment location designated by Customer. DOD shall not be responsible for damage to structures or personal property which results from Customer’s failure to provide unobstructed access to the equipment.
ADDITIONAL CHARGES, PAYMENTS AND RATE ADJUSTMENTS. DOD may impose, and Customer agrees to pay a late fee of one and one half percent of all past due amounts, and a fee for insufficient funds checks not to exceed the maximum rate allowed by applicable law, and all costs of collection. In the event that any payment is not made when due, DOD may, at its sole option, suspend all service until all past due payments are made or terminate this Agreement and recover its equipment from the premises of the Customer, and recover Liquidated Damages from the Customer as set forth below, including reasonable attorney’s fees. Customer shall be responsible to DOD for any overweight fines caused by an overloaded container (fines apply to roll-off containers only).
ASSIGNMENT. This Agreement shall be binding on the parties and their respective successors and assigns. The Customer may not assign its rights and obligations under this Agreement without the prior written consent of DOD.
SEVERABILITY. The provisions of this Agreement are independent of and severable from each other, and not provision determined to be invalid or unenforceable shall affect the validity of the remaining terms of the Agreement.
CHOICE OF LAW. The Agreement shall be construed and enforced in accordance with the laws of the state in which the equipment is collected. Exclusive jurisdiction for any formal dispute arising out of this Agreement shall be within the State Courts of Hamilton County, Indiana.
ATTORNEY FEES. In the event Customer breaches any provision of this Agreement and DOD brings an action to enforce the terms of this Agreement against Customer, then Customer shall pay to DOD all of DOD’s cost associated with bringing such action, including DOD’s reasonable attorney’s fees.