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Terms and Conditions for rental of portable toilet units from Lone Star Johns, hereafter referred to as “LSJ”

This is a legally binding service agreement for all Portable toilet units required at the project for its duration. This term hereof shall begin on the effective date and shall end when the portable toilet units are no longer required at the project of which the service address is a part. The portable toilet units leased hereby may ne moved to another project of the Customer if it is in LSJ’s service area and that the other project shall herby become the Project hereunder. Customer agrees to notify LSJ immediately of such movement of the leased portable toilet unit and failure to notify LSJ constitutes a breach under the terms of this contract. Customer agrees to lease from LSJ all portable toilets units required at the project. The price for additional or different portable toilet unit(s) shall be LSJ’s standard charges which are in effect during the time that LSJ leases them to the Customer.

Hazardous Waste: Customer agrees not to place any type of hazardous waste, explosives or flammable material in any portable toilet unit or burn any materials in any portable toilet unit. Customer accepts full responsibility for all materials placed in any portable toilet unit and agrees to defend, indemnify and hold LSJ harmless from and against any and all damages to property, injury to or death of any person, fines, penalties and liabilities resulting from or arising out of the placement of such prohibited materials in a portable toilet unit.

Permits and Driveway Access: Customer warrants that it shall secure and maintain all necessary permits and that LSJ shall have the right to place portable toilet units in the locations designated by the Customer. Customer also warrants that the right of way between those locations and the public right of way will at all times be; (1) clear so that LSJ may provide service hereunder, and (2) sufficient to beat the weight of all LSJ’s vehicles and equipment and that LSJ shall have the right to use such right of way in providing service hereunder.

Liability for Portable Toilet Units: Customer acknowledges that it has custody, care and control of LSJ’s portable toilet units leased hereunder, and customer accepts responsibility for them, except when being serviced by LSJ. Therefore, Customer agrees to defend, indemnify and hold LSJ harmless from and against any and all damages to property, injury to or death of any person, fires, penalties and liabilities resulting from or arising out of Customer’s use, operation or possession of the portable toilet units. Customer also agrees and understands that any damage that occurs to the leased portable toilet is solely the responsibility of the Customer, including but not limited to fire, theft, graffiti removal and any other damage that occurs while in the Customer’s care and custody

Changes: Changes in type, size or number of portable toilet units, the frequency of service and also rates may hereafter be agreed to between the parties hereto orally or in writing and shall thereupon constitute amendments hereto and be binding on the parties hereto. Consent to oral changes may be evidenced by the conduct of the parties here to.

Excused Performance: Contractors performance hereunder shall be excused on account of Acts of God and causes beyond LSJ’s control.

Payments: Customer shall pay LSJ on a 28 day billing cycle for the services and/or equipment furnished by LSJ in accordance with charges and rate provided as shown on Schedule A. Payment shall be made by Customer to LSJ within twenty-eight (28) days of receipt of an invoice from LSJ. LSJ may impose and Customer agrees to pay a late fee for all past due payments not to exceed the maximum rate for same allowed by the applicable law. Customer agrees to pay all reasonable fees and costs of collection, including reasonable attorney’s fees incurred by LSJ if it is required to institute legal proceedings to collect any amount due hereunder or otherwise enforce it’s right hereunder.

Successors and Assigns: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective successors and assigns.

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CUSTOMER SIGNATURE DATE

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CUSTOMER TITLE

. .
CUSTOMER NAME CUSTOMER ADDRESS

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LONE STAR REPRESENTATIVE DATE
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Lone Star Johns

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