Terms of Service | Contents Protection | Duty to Insure Addendum

SERVICES PROVIDED. The Company and/or its affiliates will provide Customer with collection, management, transportation, disposal, treatment and recycling services (“Services”) for Customer’s non-hazardous Solid Waste, Special Waste, Hazardous Waste, and/or Recyclables. “Solid Waste” means garbage, refuse and rubbish including those which are recyclable but excluding Special Waste and Hazardous Waste. “Special Waste” includes polychlorinated biphenyl (“PCB”) wastes, industrial process wastes, asbestos containing material, petroleum contaminated soils, treated/de-characterized wastes, incinerator ash, medical wastes, demolition debris and other materials requiring special handling in accordance with any applicable federal, state, provincial or local laws or regulations. “Hazardous Waste” means any hazardous, toxic, or radioactive substances, as such terms are defined by any applicable federal, state, provincial or local laws or regulations. “Nonconforming Waste” means waste that (a) is not in conformance with waste descriptions given by Customer under this Agreement; (b) is prohibited from being received, managed or disposed of at a transfer, storage or disposal facility used hereunder by federal, state or local law, regulation, ordinance, permit or other legal requirement; (c) is non-hazardous Solid Waste that contains regulated Special Waste or Hazardous Waste; (d) is or contains any infectious waste, radioactive, volatile, corrosive, flammable, explosive, biomedical, biohazardous material, regulated medical or hazardous waste or toxic substances, as defined pursuant to or listed or regulated under applicable federal, state or local law; or (e) contains information protected by federal, state or local privacy or data security laws, including but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”).

CUSTOMER WARRANTIES. Customer hereby represents and warrants that all Industrial Waste collected by or delivered to the Company shall be in accordance with waste descriptions given in this Agreement and shall not be or contain any Nonconforming Waste. When the Company handles Special or Hazardous Waste for Customer, Customer will provide the Company with a Generator’s Waste Profile Sheet (“Profile Sheet”) describing all Special or Hazardous Waste, and provide a representative sample of such waste on request. In the event this Agreement includes transportation by the Company, Customer shall, at the time of tender, provide to the Company accurate and complete documents, shipping papers or manifests as are required for the lawful transfer of the Industrial Waste under all applicable federal, state or local laws or regulations. Tender or delivery shall be considered nonconforming if not in accordance with this Section. Customer further represents and warrants that it will comply with all applicable laws, ordinances, regulations, orders, permits or other legal requirements applicable to the Industrial Waste. Customer shall provide the Company and its Subcontractors a safe work environment for Services performed on any premises owned or controlled by Customer.

INSPECTION; REJECTION OF WASTE. Title to and liability for Nonconforming Waste shall remain with Customer at all times. Company shall have the right to inspect, analyze or test any waste delivered by Customer. If Customer’s Industrial Waste is Nonconforming Waste, Company can, at its option, reject Nonconforming Waste and return it to Customer or require Customer to remove and dispose of the Nonconforming Waste at Customer’s expense. Customer shall indemnify, hold harmless (in accordance with Section 9) and pay or reimburse Company for any and all costs, damages and/or fines incurred as a result of or relating to Customer’s tender or delivery of Nonconforming Waste or other failure to comply or conform to this Agreement, including costs of inspection, testing and analysis. Company also may reject any Industrial Waste that could adversely impact the receiving facility, or Company may terminate the Agreement related to such Industrial Waste.

SPECIAL HANDLING; TITLE. If Company elects to handle, rather than reject, Nonconforming Waste, Company shall have the right to manage the same in the manner deemed most appropriate by Company given the characteristics of the Nonconforming Waste. Company may assess and Customer shall pay additional charges associated with delivery of Nonconforming Waste, including, but not limited to, special handling or disposal charges, and costs associated with different quantities of waste, different delivery dates, modifications in operations, specialized equipment, and other operational, environmental, health, safety or regulatory requirements. Title to and ownership of acceptable Industrial Waste shall transfer to Company upon its final acceptance of such waste.

COMPANY WARRANTIES. Company hereby represents and warrants that: (a) Company will manage the Industrial Waste in a safe and workmanlike manner in full compliance with all valid and applicable federal, state and local laws, ordinances, orders, rules and regulations; and (b) it will use disposal and recycling facilities that have been issued permits, licenses, certificates or approvals required by valid and applicable laws, ordinances and regulations necessary to allow the facility to accept, treat and/or dispose of Industrial Waste. Except as provided herein, Company makes no other warranties and hereby disclaims any other warranty, whether implied or statutory. 

LIMITED LICENSE TO ENTER. When a Customer is transporting Industrial Waste to a Company facility, Customer and its subcontractors shall have a limited license to enter a disposal facility for the sole purpose of off-loading Industrial Waste at an area designated, and in the manner directed, by Company. Customer shall, and shall ensure that its subcontractors, comply with all rules and regulations of the facility, as amended. Company may reject Industrial Waste, deny Customer or its subcontractors entry to its facility and/or terminate this Agreement in the event of Customer’s or its subcontractors’ failure to follow such rules and regulations.

CHARGES AND PAYMENTS. Customer shall pay the rates (“Charges”) set forth on Exhibit A or a Confirmation Letter, which may be modified as provided in this Agreement. Company reserves the right, and Customer acknowledges that it should expect Company to increase or add Charges payable by Customer hereunder during the Term. The rates may be adjusted by Company to account for: any changes or modifications to, or differences between, the actual equipment and Services provided by Company to Customer and those specified on Exhibit A; any increase in or to recoup all or any portion of, disposal, transportation, processing, fuel or environmental compliance fees or costs, or recovery of the Company’s and affiliates’ costs associated with host community fees, waste disposal taxes and similar charges paid to municipal or other govemmental authorities or agencies to engage in recycling and waste collection, transfer, processing, disposal and treatment; any change in the composition, amount or weight of the Industrial Waste collected by Company from Customer’s service location(s) from what is specified on Exhibit A (including for container overages or overflows) of the Industrial Waste; increased costs due to uncontrollable circumstances, including, without limitation, changes (occurring from and after three (3) months prior to the Effective Date) in local, state or federal laws or regulations, including the imposition of or increase in taxes, fees or surcharges, or acts of God such as floods, fires, hurricanes and natural disasters. Company also reserves the right to charge Customer additional charges for Services provided by Company to Customer, whether requested or incurred by Customer, including, but not limited to, dig out, minimum load charges, profile approval charges, all at such rates that Company is charging its customers at such time The Company may also increase the charges by an amount equal to the average percentage increase for the previous twelve-month period in the Consumer Price Index for Water & Sewer & Trash Collection Services, as published by the U.S. Department of Labor, with the amount of the increase based on the most current information available from the U.S. Department of Labor 30 days prior to the date of the increase, unless the parties have otherwise agreed to a different CPI as stated in an Exhibit A. Increases in Charges for reasons other than as provided above require the consent of Customer which may be agreed to orally, in writing or by other actions and practices of the parties, including, without limitation, payment of the invoice reflecting such changes, and written notice to Customer of any such changes and Customer’s failure to object to such changes, which shall be deemed to be Customer’s affirmative consent to such changes. Customer acknowledges and agrees that any increased Charges under this section are not represented to be solely an offset or pass through of Company’s costs. All rate adjustments as provided above and in Section 5 shall take effect upon notification from Company to Customer, Customer shall pay the rates in full within thirty (30) days of the invoice date. Any Customer invoice balance not paid within thirty (30) days of the date of invoice is subject to a late charge, and any Customer check retumed for insufficient funds is subject to a non-sufficient funds charge, both to the maximum extent allowed by applicable law. Customer acknowledges that any late charge charged by Company is not to be considered as interest on debt or a finance charge, and isa reasonable charge for the anticipated loss and cost to Company for fate payment. payment is not made when due, Company retains the right to suspend Services until the past due balance is paid in full. In addition to full payment of outstanding balances, Customer shall be required to pay a reactivation charge to resume suspended Services. If Services are suspended for more than fifteen (15) days, Company may immediately terminate this Agreement for default and recover any equipment and all amounts owed hereunder, including liquidated damages under Section 14. 

9. INDEMNIFICATION. The Company agrees to indemnify, defend and save Customer harmless from and against any and allifability (including reasonable attorneys’ fees) which Customer may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law, to the extent caused by Company’s breach of this Agreement or by any negligent act, negligent omission or willful misconduct of the Company or its employees, which occurs (1) during the collection or transportation of Customer’s Industrial Waste by Company, or (2) as a result of the disposal of Customer’s Industrial Waste, after the date of this Agreement, in a facility owned by a subsidiary or affiliate of the Company provided that the Company’s indemnification obligations will not apply to occurrences involving Nonconforming Waste.

Customer agrees to indemnify, defend and save the Company harmless from and against any and all liability (including reasonable attomeys’ fees) which the Company may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Customer’s breach of this Agreement or by any negligent act, negligent omission or willful misconduct of the Customer or its employees, agents or contractors in the performance of this Agreement or Customer’s use, operation or possession of any equipment furnished by the Company. Neither party shall be liable to the other for consequential, incidental or punitive damages arising out of the performance of this Agreement except for third party claims related to violations of law.

10. UNCONTROLLABLE CIRCUMSTANCES. Except for the obligation to make payments hereunder,neither party shall be in default for its failure to perform or delay in performance caused by events beyond its reasonable control, including, but not limited to, strikes, riots, imposition of laws or governmental orders, fires, acts of God, and inability to obtain equipment, permit changes and regulations, restrictions (including land use) therein, and the affected party shall be excused from performance during the occurrence of such events. 

11. RECYCLING SERVICES. Where recycling services are provided, the following will apply as specifications. Single stream recyclable materials will consist of Customer’s entire volume of clean, dry, paper or cardboard without wax liners; clean, dry and empty aluminum food and beverage containers, ferrous (iron) or steel cans, aerosol cans, and rigid container plastics #1-7, including narrow neck containers and tubs, but excluding foam and film plastics. No individual items may be excluded from the recycling container. Glass may be included only with specific approval of Company. Any material not set forth above is a non-recyclable. Single stream recyclables may contain up to 10% non-recyclables. Wastepaper, cardboard, plastics, and metals shall be provided in accordance with the most current ISRI Scrap Specifications Circular and any amendments thereto or replacements thereof. For all other recyclables, including construction and demolition debris as so defined under applicable law or regulation, Customer shall provide recyclables in accordance with industry standards. Recyclables may not contain any Hazardous Waste, Non-Conforming Waste, or Special Waste. In the event that the recyclables do not meet the specifications, Customer shall have the sole responsibility for any resulting settlement or adjustments including price reductions, transportation, and disposal costs. In the event costs of processing recyclables exceeds the commodity value, a recyclable material offset will be charged per ton. Company reserves the right, in its sole discretion, upon notice to Customer, to discontinue acceptance of any category of Recyclables as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials which are subject to this Agreement. Title to Recyclables provided by Customer to Company is transferred to Company upon Company’s receipt or collection unless otherwise provided in this Agreement or applicable law.

12. ASSIGNMENT & SUBCONTRACTING. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective successors and assigns. Customer acknowledges and agrees that the Company may utilize unaffiliated subcontractors that are not affiliates of Company to provide the Services to Customer. 

13. ENTIRE AGREEMENT. This Agreement and its exhibits and attachments represent the entire understanding and agreement between the parties relating to the Services and supersedes any and all prior agreements, whether written or oral, between the parties regarding the same; provided that, the terms of any national service agreement or lease agreement for compactors or specialty equipment between the parties shall govern over any inconsistent terms herein.

14. TERMINATION; LIQUIDATED DAMAGES. Company may immediately terminate this Agreement, (a) in the event of Customer’s breach of any term or provision of this Agreement, including failure to pay on a timely basis, or (b) if Customer becomes insolvent, the subject of an order for relief in bankruptcy, receivership, reorganization dissolution, or similar law, or makes an assignment for the benefit of its creditors or if Company deems itself insecure as to payment (“Default”). Notice of termination shall be in writing and deemed given when delivered in person or by certified mail, postage prepaid, retum receipt requested. In the event Customer terminates this Agreement prior to the expiration of the Initial or Renewal Term(“Term”) for any reason other than as set forth in Section 3, or in the event Company terminates this Agreement for Customer’s default, Customer shall pay the following liquidated damages in addition to the Company’s legal fees, if any: (a) if the remaining Term (including any applicable Renewal Term) under this Agreement is six (6) or more months, Customer shall pay the average of its six (6) most recent monthly Charges (or, if the Effective Date is within six (6) months of Company’s last invoice date, the average of all monthly Charges) multiplied by six (6); or (b) if the remaining Term under this Agreement is less than six (6) months, Customer shall pay the average of its six (6) most recent monthly Charges multiplied by the number of months remaining in the Term. Customer shall pay liquidated damages of $100 for every Customer waste tire that is found at the disposal facility. Customer acknowledges that the actual damage to Company in the event of termination is impractical or extremely difficult to fix or prove, and the foregoing liquidated damages amount is reasonable and commensurate with the anticipated loss to Company resulting from such termination and is an agreed upon charge and is not imposed as a penalty. Collection of liquidated damages by Company shall be in addition to any rights or remedies available to Company under this Agreement or at law. In addition to and not in limitation of the foregoing, Company shall be entitled to recover all losses, damages and costs, including attorneys’ fees and costs, resulting from Customer’s breach of any other provision of this Agreement in addition to all other remedies available at law or in equity. 

15. EQUIPMENT. All equipment furnished by Company shall remain its property; however Customer shall have care, custody and control of the equipment and shall be liable for all loss or damage to the equipment and for its contents while at Customer’s service location(s). Customer will not overload, move or alter the equipment, or allow a third party to do so, and shall use it only for its intended purpose. At the termination of this Agreement, Company’s equipment shall be in the condition in which it was provided, normal wear and tear excepted. Customer shall provide safe and unobstructed access to the equipment on the scheduled collection day. Company may suspend Services or terminate this Agreement in the event Customer violates any of the requirements of this provision. Customer shall pay, if charged by Company, any additional Charges, determined by Company in its sole discretion, for overloading, moving or altering the equipment or allowing a third party to do so, and for any service modifications caused by or resulting from Customer’s failure to provide access. Customer warrants that Customer’s property is sufficient to bear the weight of Company’s equipment and vehicles and agrees that Company shall not be responsible for any damage to Customer’s pavement or any other surface resulting from the equipment or Services. 

16. CONFIDENTIALITY. Except as required by law, the parties agree that the rates set forth on Exhibit A, a Confirmation Letter, including any adjustments thereto, and any other pricing information shall be considered confidential and shall not be disclosed to third parties without the other party’s written approval.

17. MISCELLANEOUS. (a) The prevailing party will be entitled to recover reasonable fees and court costs, including attorneys’ and expert fees, in enforcing this Agreement. In the event Customer fails to pay Company all amounts due hereunder, Company will be entitled to collect all reasonable collection costs or expenses, including reasonable attorneys’ and expert fees, court costs or handling fees for returned checks from Customer; (b) The validity, interpretation and performance of this Agreement shall be construed in accordance with the law of the state in which the Services are performed; (c) If any provision of this Agreement is declared invalid or unenforceable, then such provision shall be deemed severable from and shall not affect the remainder of this Agreement, which shall remain in full force and effect; (d) Customer’s payment obligation for Services and the Warranties and Indemnification made by each party shall survive termination of this Agreement. 

This addendum (“Addendum”) to the applicable rental agreement between Customer and Company (the “Agreement”) establishes and clarifies the contractual liabilities of each party regarding: (i) damage to Customer’s contents (“Contents”) stored in a Unit, and (ii) damage to a Unit when it is not in Company’s possession. Capitalized terms not otherwise defined herein shall those meanings ascribed to them in the Agreement.

REPRESENTATIONS, WARRANTIES AND DUTY TO INSURE: As limited herein, Company (i) assumes responsibility for damage or loss to Contents other than specific excluded property as provided herein (“Covered Property”) from certain covered losses and shall be liable for loss to Covered Property in excess of a $2,500 deductible for damage caused by Named Storms (as assigned by the World Meteorological Organization) and $100 for all other specified events, and (ii) assumes responsibility for purchasing such insurance as Company deems necessary to insure or financially back these obligations. Company shall only be responsible for damages occurring during such period(s) for which the Customer has paid Company all required rental, transport, storage and/or service fees due. In consideration for Company assuming responsibility for damage and purchasing insurance to protect Covered Property from such damage, the additional fees assessed against Customer for Contents Protection reflects the additional costs to Company for providing Contents Protection for the benefit of Customer.

COVERAGE PERIOD: Coverage commences upon execution of the Agreement and continues until the earlier of: (i) the expiration or termination of the Agreement, (ii) the date that the Unit is returned to Company, (iii) non-payment of any fees due to Company for Contents Protection and/or under the Agreement, or (iv) the termination of Contents Protection in accordance with the terms provided herein.

COVERAGE TERRITORY: Company only covers loss occurring in the United States of America State of Michigan. Coverage extends while the Unit is at Customer’s departure or arrival destinations, in the course of transit, or located at Company’s Facility in Port Huron Twp.

PROPERTY NOT COVERED: Notwithstanding any other provision herein, Company does not assume any liability for loss or damage to the following types of personal property: money, bank notes, scrip, securities, accounts, deeds and evidences of debt; letters of credit and notes other than bank notes; bullion, gold, goldware, silver, silverware, platinum, coins, precious metals and pewter; stored value cards and smart cards; manuscripts, personal records, passports, tickets and stamps; jewelry, watches, furs, precious and semiprecious stones; firearms; animals; aircraft, hovercraft, motor vehicles and engines, trailers; property not owned by Customer or for which Customer is not legally liable; computer software or programs, media or computer data contained on hard disks or drives; and any property not permitted to be stored in the Unit as provided elsewhere in the Agreement.

COVERED CAUSE OF DAMAGE: Company will only pay for loss to Covered Property resulting from: Fire or Lightning; Windstorm or Hail but not loss caused by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the Unit causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening; Explosion; Riot or Civil Commotion; Aircraft or Vehicles; Smoke; Vandalism and Malicious Mischief; Weight of Ice, Snow or Sleet; Accidental Discharge or Overflow of Water or Steam from plumbing, heating, air conditioning or automatic fire protective sprinkler system; Falling Objects, but only if the roof or an outside wall of the Unit is first damaged by the falling object; Burglary (excluding on-site storage customers or while the Unit is in the possession of the customer), with evidence of forcible break in and entry; Collapse of the Unit or of a building onto the Unit but only if the collapse was caused by a covered cause of loss; Federally Certified Acts of Terrorism (but not to include acts of chemical, biological and nuclear terrorism); Collision, upset or overturn while the Covered Property is in transit to or from a Facility or the Customer’s designated location or at the Customer’s origination or destination location; and any negligent acts by Company or Company’s representatives in the handling of the Unit.

EXCLUSIONS: Company does not assume liability for damage caused directly or indirectly by any of the following; regardless of any other cause or event contributing concurrently or in any sequence to loss: (1) Damage caused by improper packing, normal shifting or intentional acts; (2) Ordinance or law regulating demolition, clean up or removal of pollutants; (3) Earth Movement, meaning: earthquake, land shock, waves or tremors; volcanic eruption; landslide, mudslide and mudflow including earth shrinking, rising or shifting; or earth sinking, sinkhole collapse, subsidence, rising or shifting including soil conditions which cause settling, cracking or other disarrangement of foundations or other parts of realty; Soil conditions include contraction, expansion, freezing, thawing, erosion, improperly compacted soil and the action of water under the ground surface; (4) Water Damage, meaning: flood, surface water, waves, tidal water, overflow of a body of water, or their spray, all whether driven by wind or not; or mudslide or mudflow; water or water-borne material which backs up from a sewer or drain or which overflows or is discharged from a sump, sump pump or related equipment; or water or water-borne material under the ground surface, including water which exerts pressure on, flows, seeps or leaks through a foundation, wall, floor, ceiling, porch, sidewalk, driveway, swimming pool, paved surface, basement, door, window or other opening; (5) War, civil war, insurrection, military action, discharge of any biological or chemical agent or a nuclear weapon, nuclear reaction, radiation, or radioactive contamination; (6) Intentional Acts by or at Customer’s direction with the intent to cause loss or damage; even if the person committing the act is insane, intoxicated or otherwise impaired; (7) Destruction, confiscation or seizure of property by order of any governmental or public authority; (8) Presence, growth, proliferation or spread of mold, fungus, wet rot, mildew, bacteria, rust, corrosion, dampness, dryness, contamination, spoilage, decay or any expense for testing, monitoring, abatement, mitigation, removal, remediation, restoration, neutralization, detoxification or disposal of such; (9) Wear and Tear, marring and scratching, deterioration, hidden or latent defect; nesting or infestation, or discharge or release of waste products or secretions, by insects, birds, rodents or other animals; (10) Chemical, biological and nuclear terrorism and acts other than Federally Certified Acts of Terrorism; (11) Loss occurring prior to or after the Coverage Period; (12) Loss occurring prior to or after termination of the Agreement; (13) Burglary for on-site storage customers or while the Unit is in the possession of the Customer; (14) Mechanical/Electrical derangement; and (15) Damage caused by repossession of a Unit by Company due to Customer’s failure to pay Rent or any other amounts due Company hereunder.

DUTIES IN THE EVENT OF LOSS: Customer must see that the following are done in the event of loss or damage to Covered Property: (1) Notify the police if a law may have been broken. (2) Give Company or its Insurer, 30 days from date of discovery, not to exceed 30 days from the final pick up date of the Unit, notice of the loss or damage including a description of the property involved. (3) 30 days from date of discovery, not to exceed 30 days from the final pick up date of the Unit, give Company or its Insurer a description of how, when and where the loss or damage occurred. (4) Take all reasonable steps to protect the Covered Property from further damage, and keep a record of expenses necessary to protect the Covered Property, for consideration in the settlement of the claim. This will not increase Company’s liability. However, Company will not be responsible for any subsequent loss or damage resulting from a cause of loss that is not a Covered Cause of Loss. Also, if feasible, set the damaged property aside and in the best possible order for examination. (5) Customer will not, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense without Company’s consent. (6) As often as may be reasonably required, permit Company or its Insurer to inspect the property proving the loss or damage and examine Customer’s books and records. Also permit Company or its Insurer to take samples of damaged and undamaged property for inspection, testing and analysis, and to make copies from Customer’s books and records. (7) Company or its Insurer may examine Customer under oath, while not in the presence of any other Customer and at such times as may be reasonably required, about any matter relating to the claimed loss, including Customer’s books and records. In the event of an examination, Customer’s answers must be signed. (8) Send a signed, sworn proof of loss containing the information requested to settle the claim. Customer must do this within 60 days after such request. Company or its Insurer will supply Customer with the necessary forms. (9) Immediately send copies of any demands, notices, summonses or legal papers received in connection with the claim or suit. (10) Cooperate in the investigation or settlement of the claim.

SETTLEMENT OPTIONS: Company’s liability shall not exceed the lesser of the following amounts after deduction of any amounts paid by a third party, and less the applicable deductible: (1) the depreciated replacement cost; (2) Customer’s interest in the Covered Property; or (3) limit of coverage secured by Customer. The deductible per loss is: $100 except $2,500 for Named Storms (i.e., name or number assigned by the World Meteorological Organization). For the avoidance of doubt, the selection of coverage amount secured by Customer is on a per-order basis (as opposed to on a per-container basis). Accordingly, Customer should select a limit of coverage that covers all of the Customer’s Contents stored in any and all Units ordered by Customer. If Customer’s selection of coverage secured by Customer (or Declared Value) is less than ninety (90%) of the replacement cost, all loss settlement payments shall be reduced proportionately based upon the relationship that the Customer’s Declared Values bears to ninety (90%) of the replacement cost. If property is recovered for which Company or its Insurer have made payment, Company is to be notified of such recovery. At Company’s option, Company may retain such property but there shall be no abandonment of property to Company. If there is damage to Covered Property caused by more than one loss, each loss shall be adjusted separately, and the applicable deductible amount shall be applied separately to each loss. At Company’s option, Company may pay the loss in money, or may repair or replace the damaged or stolen Covered Property. In the event of a total loss, Company may require assignment of title. In case of loss or damage to any part of a pair or set Company may: repair or replace any part to restore the pair or set to its value before the loss or damage; or pay the difference between the value of the pair or set before and after the loss or damage. In case of loss or damage to any part of Covered Property consisting of several parts when complete, Company will only pay for the value of the lost or damaged part. “Replacement Cost” means the cost of reasonably restoring that property to its condition immediately before loss or damage, or the cost of replacing that property with substantially identical property.

LOSS PAYMENT: Company or its Insurer will give written notice to Customer of Customer’s evaluation of damages and liability within 30 days after receipt the sworn proof of loss. Company will not be liable for more than each party’s financial interest in the Covered Property. Payment shall be made to Customer as loss payee unless the Covered Property is identified as owned by others. Company or its Insurer will adjust losses with owners of lost or damaged property if other than Customer. If payment is made to owners, such payment will satisfy all claims against Company and its Insurer for owners’ property. Owners will not be paid more than their financial interest in the Covered Property. Company’s Insurer may elect to defend Customer against suits arising from claims of owners of property at the Insurer’s expense. Payment for covered loss or damage shall be within 30 days after receipt of the sworn proof of loss if there has been compliance with all the terms set forth herein and the parties have reached agreement on the amount of the loss or an appraisal award has been made. Company will not be liable for any part of a loss that has been paid or made good by others.

APPRAISAL: Either party may request in writing an independent appraisal of the amount of loss in accordance with the terms of the insurance policy.

RECOVERED PROPERTY: A party must give the other prompt notice if any property is recovered after loss settlement. At Customer’s option, property will be returned to Customer. Customer must then return to Company the amount paid for the property. Company will pay recovery expenses and the expenses to repair the recovered property, subject to the limits herein.

RIGHT TO RECOVER FROM OTHERS: If any person or organization to or for whom Company makes payment has rights to recover damages from another, those rights are transferred to Company to the extent of any payment. That person or organization must do everything necessary to secure such rights and must do nothing after loss to impair them. Company shall not exercise right of recovery against Customer or their insurers.

CONCEALMENT, MISREPRESENTATION OR FRAUD: Company is relieved from all responsibility and liability in any case of fraud, intentional concealment or misrepresentation of a material fact, at any time, concerning any claim or Customer’s interest in the Covered Property.

REASSUMING LIABILITY: With advance written notice, Customer may reassume liability for damage to their Contents at any time.

TERMINATION: Non-payment of any applicable fees for Contents Protection or any other fees charged by Company under the Agreement for its services and/or products will result in the immediate termination of Contents Protection and negate any obligation or liability being assumed by Company under this Addendum. Company shall have the right to terminate Contents Protection at any time, at Company’s sole discretion, upon providing Customer no less than 60 days advance written notice. Termination of Contents Protection shall not terminate the Agreement.

COMPANY OBLIGATIONS INSURED: This Addendum is not an insurance policy. Company is not soliciting or selling insurance to Customer. Company and Customer are agreeing that the Company shall buy insurance protecting the interests and liabilities of both the Company and the Customer. Customer shall be Loss Payee for all claims and an Additional Insured under the policy where required by law. Although Company and Company’s Agents may share information about the insurance policy purchased by the Company with Customer, Customer understands that Company and Company’s Agents are not an insurance company or insurance agents. Company has not explained any coverage or assisted Customer in making any decision to purchase any particular insurance policy. Company is not making any representations about the coverage provided by such insurance policy. Company’s agreement to assume responsibility for and obtain insurance protecting Customer’s contents from loss is not an insurance transaction. Customer may choose to obtain supplemental insurance from their own homeowner’s or renter’s carrier or Customer may elect to be “self insured.”

CONTAINER PROTECTION: Container Only Option Protection (or COO), as further described in the Agreement, is included as part of the Contents Protection coverage set forth herein.

TO REPORT DAMAGES: To report damages, call: 810-434-1692. A representative will be available to assist Customer between the hours of 7:00 am and 4:30 pm Eastern time; otherwise, Customer will have the option of leaving a detailed message to which Customer can anticipate a response within 24 – 48 business hours.

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