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Waiver for Above Street Curb Line Delivery

LIMITATION OF LIABILITY AND INDEMNIFICATION

By signing this document, you are authorizing Suburban Landscape Supply, Inc. to perform a delivery with our commercial trucks and/or other equipment above the street curb line. You are certifying that you are the owner of the property and/or authorized to execute this agreement. You recognize and understand that the risk of damage to your property is high if we are directed and/or instructed and/or asked to deliver your order above the street curb line. Costly damages that very likely can include, but are not limited to, cracking, breaking, spidering, oil stains, chemical stains, other discolorations, tire marks, tire rutting, all of which may result in permanent damage to your, asphalt, brick pavers, buildings, building foundations, concrete, concrete pavers, culverts, decorative walls, drainage basins, driveways, landscaping, landscape timbers, lawn areas, natural stone, sidewalks, walkways, any other paved surfaces, shrubs, sprinkler heads, sprinkler lines, sprinkler mains, sprinkler systems, plantings, play structures, septic systems, septic fields, septic tanks, trees, tree root systems, water lines, well heads, underground utilities, or any other valuable property. Specifically, you agree to the following limitations of liability and indemnification provisions.

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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June 6, 2020 3:19 pm EST

Waiver for Above Street Curb Line Delivery Uploaded by Suburban Landscape Supply - waivers@suburbanlandscapesupply.com IP 23.126.119.137

June 6, 2020 5:44 pm EST

Document owner mark@suburbanlandscapesupply.com has handed over this document to waivers@suburbanlandscapesupply.com 2020-06-06 17:44:23 - 99.51.158.138