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Waiver for Bulk Topsoil

LIMITATION OF LIABILITY AND INDEMNIFICATION

BY SIGNING THIS DOCUMENT, YOU ACKNOWLEDGE AND ACCEPT THAT THIS BULK SCREENED TOPSOIL INCLUDES SMALLER STONES (APPROXIMATELY ONE INCH AND SMALLER) AND TWIGS, AND IS ONLY RECOMMENDED FOR FILLING IN LOW SPOTS, AND THAT THIS BULK SCREENED TOPSOIL IS NOT THE SAME PRODUCT THAT YOU WOULD BUY IN SMALL BAGS, AND FURTHER THAT THIS BULK SCREENED TOPSOIL IS NOT RECOMMENDED FOR USE IN GARDENS AND FLOWER BEDS.

IF YOU REQUIRE A FINE SCREENED SOIL FOR GARDENS AND FLOWER BEDS, PLEASE ORDER OUR SPHAGNUM PEAT INSTEAD.

Limitation of Liability.
No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED FOR OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT, OR LIABILITY FOR INDEMNIFICATION, IN NO EVENT SHALL SUBURBAN LANDSCAPE SUPPLY, INC. (“SUBURBAN”) OR ANY OF ITS REPRESENTATIVES BE LIABLE UNDER THIS AGREEMENT TO CUSTOMER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR LOST PROFITS OR REVENUES, OR DIMINUTION IN PROPERTY VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

If Remedy Fails of Essential Purpose. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 1 SHALL APPLY EVEN IF CUSTOMER'S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Customer acknowledges and agrees that the parties entered into the Agreement in reliance upon the limitations of liability set forth in this Section, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.

Indemnification. Customer (as "Indemnifying Party") shall indemnify, hold harmless, and defend Suburban and its managers, officers, directors, employees, and agents, (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and actual attorneys' fees, that are incurred by Indemnified Party/awarded against Indemnified Party (collectively, "Losses"), arising out of any third-party claim alleging:

(a) any negligent or more culpable act or omission of Indemnifying Party (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement;

(b) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Indemnifying Party (including any reckless or willful misconduct); or

(c) any failure by Indemnifying Party to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement.

Notwithstanding anything to the contrary in this Agreement, this Section does not apply to any claim (whether direct or indirect) for which a sole and exclusive remedy is provided under another section of this Agreement.

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April 16, 2022 10:25 am EDT

Waiver for Bulk Topsoil Uploaded by Suburban Landscape Supply - waivers@suburbanlandscapesupply.com IP 23.126.119.137