|
BELFOR 40)
<br />PROPERTY RESTORATION
<br />(BELFOR USA GROUP, INC.)
<br />than a Visual inspection of the site prior to commencement of Work pursuant to a Work Order; accordingly, Contractor shall
<br />not assume the risk of site conditions that are not reasonably discoverable during such inspection. Contractor shall
<br />immediately notify the Owner LIP011 encountering a concealed or otherwise unknown condition that may increase Conti -actor's
<br />time of cost to perform, tinder no circumstances beyond three (3) business days from encountering such condition.
<br />4.6 Abatement of Hazardous Materials. If mold, microbial matter, or other hazardous material is (1) found on any
<br />property covered by this Agreement and (2) the Owner directs Contractor to provide any Services related to such mold,
<br />microbial matter or other hazardous material, the parties agree to perform the Set -vices to Current industry standards and
<br />according to any local, State or Federal laws. If Owner does not agree to perform and pay for inold or abatement Work to
<br />current industry standards, which include clearance testing by an Industrial Hygienist, Owner agrees to indemnify, defend,
<br />hold harmless (including payment or reimbursement of Contractor's reasonable legal defense costs) and release Contractor
<br />from and against any claim, damage, loss or lawsuit regarding the failure to rernediate or from the spreading of the mold or
<br />hazardous materials.
<br />SECTION 5. APPICABLE LAW AND REGULATIONS
<br />5.1 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State where
<br />the Property is located,
<br />5.2 Compliance with Laws. Contractor shall comply with all applicable provincial and federal laws in performing the
<br />Work. Contractor shall not take, and is not authorized to take, any action in the name of or on behalf of Agent or Owner, or
<br />which Would violate any applicable law,
<br />5.3 Non -Discrimination. Contractor shall not permit any discrimination against or segregation of any person or group
<br />of persons in connection with the performance of this Agreement on account of sex, disability, marital status, age, race,
<br />religion, color, creed, national origin or ancestry, sexual orientation or gender identity or any other protected characteristic in
<br />accordance with applicable law.
<br />SECTION 6. CONFIDENTIALITY
<br />Parties may exchange and disclose Confidential Information to the other for the Sole purpose Of PCIfOrtning the Work
<br />under the terms of this Agreement (the "Put -pose"). The term "Confidential Information" as defined in this Agreement shall
<br />mean all 1-101-IpLiblic, confidential and proprietary information that is disclosed by one party to the other for the purposes of
<br />this Agreement and shall include, but not be limited to, information relative to the disclosing party's finances, assets,
<br />technology, ownership, capital structure, operations, business plans and prospects, information technology, formulas, patents,
<br />trademarks, trade secrets, other intellectual property, customer and vendor identities and pricing information, as well as
<br />information regarding employees and contractors (whether oral, written, graphic, visual and/or computer generated). The
<br />Party in receipt of Confidential Information is identified as "Recipient" herein, and the Party that disclosed its Confidential
<br />Information is identified as "Discloser" herein, Recipient shall maintain in strict confidence all Confidential Information
<br />disclosed during performance of the Work throughout the time period identified herein, and shall not use any Confidential
<br />Information in any way inconsistent with the Purpose. Recipient shall use the same degree of care in safeguarding Discloser's
<br />Confidential Information as it uses with respect to its own proprietary information and in no event less than reasonable care.
<br />The obligations imposed upon either Party shall not apply to any information or data which: (i) is already available to or in
<br />the possession of the receiving Patty or its Representatives and was from a third Party which, to, the receiving Party's
<br />reasonable knowledge or belief, (ii) is not under an obligation of confidentiality to the disclosing Party with respect to any
<br />such information or data; (iii) is or becomes available to the public through no breach of this Agreement; (iv) Is independently
<br />developed by the receiving Patty without reference to any Confidential Information disclosed; (v) is approved for release (and
<br />only to the extent so approved) by the disclosing Party; or (vi) is disclosed Pursuant to the lawful requirement of a court or
<br />V. 1 3/19
<br />Page 4 of
<br />
|