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ARBITRATION <br />The parties shall engage in good faith efforts to resolve any disputes which may arise between <br />them under these Terms and Conditions. Any dispute which the parties are unable to resolve after such <br />efforts shall be resolved by arbitration to be conducted in St. Joseph County, Indiana. Arbitration may be <br />initiated at the election of either party by notice given to the other party. <br />Client's Initials <br />ASSIGNMENT <br />Neither these Terms and Conditions nor any duties or obligations under these Terms and <br />Conditions shall be assignable by the Client without the prior written consent of Diamond Environmental <br />Services, Inc. In the event of an assignment by the Client to which Diamond Environmental Services, Inc. <br />has consented, the assignee or a legal representative shall agree in writing with Diamond Environmental <br />Services, Inc. to personally assume, perform, and be bound by the covenants, obligations, and agreements <br />contained in this these Terms and Conditions. <br />SUCCESSORS AND ASSIGNS <br />Subject to the provision regarding assignment, these Terms and Conditions shall be biding on the <br />heirs, executors, administrators, legal representatives, successors, and assigns of the respective parties. <br />DAMAGE TO CLIENT'S PROPERTY <br />While Diamond Environmental Services, Inc. will exercise reasonable skill and care to ensure that <br />there is no damage to the Client's property, Diamond Environmental Services, Inc. will accept no <br />responsibility for damage however arising, unless it can be clearly and unambiguously demonstrated to be <br />a result of the Diamond Environmental Services, Inc.'s negligence. <br />DEFECTS <br />The Client acknowledges the right of Diamond Environmental Services, Inc. to correct any agreed <br />insufficiency or defects in works done and to address any reasonable cause for complaint by the Client. If <br />Diamond Environmental Services, Inc. is prevented by the Client from taking appropriate remedial action <br />within a reasonable time after completion of the work, the Client will become solely responsible for any <br />subsequent costs of remedial works and /or alternative remedial actions whether agreed with Diamond <br />Environmental Services, Inc. or not. <br />