3007 ENTERPRISE BLVD. SUITE C
LAKE CHARLES, LOUISIANA 70601
318-612-9900
www.cleanzone.com

THIS CONSTRUCTION CONTRACT (“CONTRACT”) CONSISTING OF THE TERMS AND CONDITIONS SET FORTH BELOW AS AGREED TO HEREAFTER IS MADE AS OF THE DATE SET FORTH BELOW BY AND BETWEEN CUSTOMER NAME HERE (“CUSTOMER”) and CLEANZONE ENVIRONMENTAL SERVICES, LLC (“CONTRACTOR”)

GENERAL OBLIGATIONS

CUSTOMER AUTHORIZES CONTRACTOR TO COMMUNICATE WITH THE CUSTOMER’S INSURANCE COMPANY FOR THE PURPOSE OF PROVIDING ALL INFORMATION NECESSARY TO ENSURE SERVICES ARE PERFORMED MEET THE INDUSTRY BEST PRACTICES FOR STANDARD OF CARE.

CONTRACTOR SHALL PERFORM REMEDIATION SERVICES CONSISTENT WITH STANDARDS ESTABLISHED BY ANSI/IICRC S500 EXPECTED TO BE COVERED BY THE CUSTOMER’S INSURANCE COMPANY WHICH INCLUDE:

1. Complete necessary paperwork to file a claim with insurance company to confirm coverage.
2. Inspect the structure to determine scope of remediation services required.
3. Identify any items which can be salvaged and pack these items for pack-out. Note, CUSTOMER will be responsible for packing fragile items such as dishes, and any other personal items.
4. Remove (and haul away) damaged materials.
5. Perform structural drying.
6. Disinfect structure as necessary according to industry standards.

CONTRACTOR MAY, AT THE REQUST THE CUSTOMER, PERFORM WORK WHICH MAY NOT BE COVERED BY CUSTOMER’S INSURANCE COMPANY. THE CUSTOMER SHALL BE RESPONSIBLE FOR THE FOR THE PAYMENT OF THESE SERVICES AT THE COMPLETION OF THESE SERVICES WHEN PRESENTED WITH AN INVOICE IF NOT COVERED BY THE INSURANCE COMPANY. SEE SECTION A FOR DETAILS.

IF THE CUSTOMER DECIDES TO CANCEL THIS CONTRACT, CUSTOMER SHALL BE REQUIRED TO PAY AN ADMINISTRATIVE FEE OF TWENTY-FIVE HUNDRED DOLLARS ($2,500.00) OR THE ACTUAL COST OF SERVICES<WHICHEVER IS GREATER.

1. CONTRACT FOR REMEDIATION SERVICES. CUSTOMER has requested CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC to perform and authorizes CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC to proceed and complete the remediation services. This also authorizes all chemical treatments to be applied as necessary or necessary and approved by CUSTOMER. This is for water remediation. This CONTRACT does not contemplate any mold remediation. Furthermore, this CONTRACT assumes the determination and correction of the underlying source or cause of the water intrusion leading to the water damage is the responsibility of the CUSTOMER owner not the CONTRACTOR.
2. LIMITATION ON CONSTRUCTION SERVICES AND DISCLAIMER. CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC shall not be responsible or liable for any damages, problems, or liabilities relating in any way to such materials, defects, or problems not worked upon by CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC.
3. SUBCONTRACTORS. Customer understands and agrees that CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC may need to utilize subcontractors or other vendors to perform certain portions of the Construction Services or to supply materials for the Construction Services, and Customer further agrees to cooperate with and reasonably accommodate such subcontractors and vendors.
4. ASSIGNMENT OF BENEFITS AND DIRECT PAYMENT AUTHORIZATION. The Customer hereby assigns any and all insurance rights, benefits, and proceeds under any applicable insurance policies to the Contractor. In addition, the Customer authorizes direct payment of any benefits or proceeds to the Contractor. In the event the Customer receives payment directly from the Insurer, Mortgage Company, or any other paying party, it shall be endorsed and delivered to the Contractor within 3 days. Further, the Customer appoints the Contractor as attorney in-fact, authorizing the Contractor to endorse the Customer’s name and to redeem or deposit funds, checks or drafts made payable to the Customer.
5. DEFINITIONS. The following terms used in this CONTRACT shall have the meanings set forth below:
   1. “CONTRACT” means this Construction Contract/Work Order, CONTRACT, and all addendums, amendments, and supplements thereto.
   2. “Company” or “CLEANZONE” means CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC.
   3. “Construction Services” means analytical, collection, management, transportation, rentals, cleanup, and such other services, which CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC may from time to time perform with respect to Customer’s property and business.
   4. “Remediation” is the act of removing a water threat when it can be eradicated.
6. CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC WARRANTIES. CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC represents and warrants to Customer that:
   1. CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC is generally engaged in the business of performing construction services and has developed the requisite expertise to perform the particular Construction Services agreed to by Customer and CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC  hereunder.
   2. CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC will perform Construction Services for Customer in a safe and workmanlike manner, and in compliance with all statutes, ordinances, laws, orders, rules, and regulations applicable to the Construction Services.
7. CUSTOMER WARRANTIES. Customer represents and warrants to CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC that:
   1. The description of, and specifications pertaining to, the Construction Services Customer requests CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC to perform is and at all times will be true and current in all material respects.
   2. Customer has made available all information it has regarding the conditions in the vicinity of the premises where the Construction Services are to be performed; and
   3. Customer shall comply with all applicable statutes, ordinances laws, orders, rules, and regulations, and shall provide CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC a safe work environment for Construction Services performed on any premises owned or controlled by Customer.
   4. Customer shall allow CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC to cure or make repairs to the structure or anything affected prior to being named in or part of any lawsuit.
8. EXCUSE OF PERFORMANCE. The performance of this CONTRACT, except for the payment of money relating to Construction Services already performed, may be suspended by either party in the event such performance is prevented, impaired, or delayed by any cause beyond the reasonable control for such party. The party whose performance is suspended shall use reasonable efforts to resume performance promptly.
9. NO TRANSFER OF TITLE. CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC shall not be deemed to have taken title to any of Customer’s property.
10. CUSTOMER INDEMNIFICATION. Customer agrees to indemnify and save harmless CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC and its managers, employees, agents, successors, and assigns from and against any and all liabilities, losses, penalties, fines, claims, costs and expenses incidental thereto (including costs of defense, settlement, and reasonable attorneys’ fees), which any or all of  them may hereafter suffer, incur, be responsible for or pay out as a result of bodily injuries (including death), property damage, contamination of or adverse effects on the environment, or any violation or alleged violation of statutes, ordinances, laws, orders, rules or regulations, to the extent caused by Customer’s breach of this  CONTRACT or by any negligent act, negligent omission or willful misconduct of Customer or its employees, agents or contractors in the performance of this  CONTRACT.
11. WAIVER OF CONSEQUENTIAL AND PUNITIVE DAMAGES. IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS  CONTRACT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE AND ALL SUCH CLAIMS ARE HEREBY WAIVED.
12. LIABILITY LIMITATION. The liability of CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC is limited to the total invoiced amount charged by CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC.
13. INSURANCE. CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC shall procure and maintain throughout the term of this  CONTRACT liability insurance covering its activities under this  CONTRACT in at least such amount(s) as are required by applicable laws and regulations. CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC shall provide a standard certificate of insurance to Customer evidencing such coverage upon request.
14. PARTIES BOUND. The parties acknowledge that they may conduct their respective business operations through other entities which they directly, or indirectly, through one or more intermediaries, control and therefore agree to cause such other entities to abide by the terms of this CONTRACT as if they were parties hereto to the extend necessary to carry out the purpose of this CONTRACT. Further, the parties shall be entitled to cause their respective obligations hereunder to be satisfied and to cause their respective benefits hereunder to be received, by such other entities. Subject to the foregoing, neither party shall assign this CONTRACT without the prior written consent of the other party.
15. CONFLICT IN FORMS. In the event of a conflict between the terms in this CONTRACT, including any addendums, amendments, and supplements thereto, and any supplemental contract documents herein contemplated, the terms set forth herein shall govern. Notwithstanding the preceding sentence, in the event of a conflict between Paragraph 3 hereof and any such supplemental contract document issued by CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC, such supplemental contract document shall govern. The preprinted terms and conditions appearing on any of Customer’s purchase orders or other form order documents shall be null and void.
16. MISCELLANEOUS.
    1. Severability. If any portion of this CONTRACT is determined by a set of competent jurisdictions to be illegal, invalid, or unenforceable, the same shall not affect the legality, validity, or enforceability of the CONTRACT as a whole or of any portion thereof not so adjudged.
    2. Notice. Any notice to be given hereunder shall be in writing (including, without limitation, by facsimile transmission) and sent to the address of the other party (in the case of the Customer its contracting address) as set forth herein or to an address subsequently designed by the other.
    3. Entire CONTRACT.  This CONTRACT constitutes the entire CONTRACT of the parties relating to the subject matter hereof and supersedes all previous CONTRACTs, discussions, representations, and correspondence between the parties. It is understood and agreed that no CONTRACT, guaranty, warranty, or duty, express or implied, not expressed herein shall limit or qualify the terms of this CONTRACT.
    4. Modification.  This CONTRACT may only be amended in a writing signed by both parties.
    5. Waiver. Any waiver by either party of any provisions or conditions of this CONTRACT shall not be construed or deemed to be a waiver of any other provisions or conditions of this CONTRACT, nor a waiver or a subsequent breach of the same provision or condition, unless the party sought to have waived has expressly so stated in writing.
    6. Governing Law. This CONTRACT shall be governed by the laws of the state of Louisiana, without regard to conflicts of law’s provisions.
    7. Collection Costs, Attorneys’ Fees, and Interest. If CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC is required to undertake collection procedures or legal action for collection of past due payment, CLEANZONE ENVIRONMENTAL SERVICE SERVICES, LLC shall be entitled to recover interest at 1½ % per month, collection and court costs, and reasonable attorneys’
    8. Jurisdiction and Venue. The parties stipulate and agree that the state of Louisiana shall have jurisdiction over the parties in this CONTRACT and that venue and jurisdiction shall be proper in Calcasieu Parish.

 IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT and authorize CONTRACTOR and his employees to begin work as outlined in this CONTRACT upon the signing of this contract.