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WasteServiceAgreement-ECO SYSTEMS, LLC-2025-01-16-01523694 - 88 Madison Ave, Albany, NY 12202.pdf

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County Waste and Recycling Service, Inc. PO Box 431, Clifton Park, New York 12065 P:(518) 877-7007 F:(518) 877-7337 CUSTOMER SERVICE AGREEMENT #01523694 SERVICE LOCATION BILLING INFORMATION Customer Name Customer Name ECO SYSTEMS, LLC ECO SYSTEMS, LLC Account Number Account Number 6910-18365731 6910-18365731 Address Address 88 MADISON AVE 500 WESTOVER DR 33191 City, State, Zip City, State, Zip ALBANY, NY, 12202-2034 SANFORD, NC, 27330 Contact Contact Earl Co Earl Co Phone Phone (518) 588-4428 (5

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County Waste and Recycling Service, Inc.
PO Box 431, Clifton Park, New York 12065
P:(518) 877-7007 F:(518) 877-7337

CUSTOMER SERVICE AGREEMENT
#01523694

SERVICE LOCATION

BILLING INFORMATION

Customer Name

Customer Name

ECO SYSTEMS, LLC

ECO SYSTEMS, LLC

Account Number

Account Number

6910-18365731

6910-18365731

Address

Address

88 MADISON AVE

500 WESTOVER DR 33191

City, State, Zip

City, State, Zip

ALBANY, NY, 12202-2034

SANFORD, NC, 27330

Contact

Contact

Earl Co

Earl Co

Phone

Phone

(518) 588-4428

(518) 588-4428

Email

Email

earl@earlbnb.com

earl@earlbnb.com

SERVICES AND RATES

Effective Date: 1/16/2025

Type

Quantity

Bin Size

Recurring
Recurring
Recurring
Recurring

1.00
1.00
1.00
1.00

2 Yard

On Call

1.00

2 Yard

Service Frequency Service Type
1XW
1XM
1XW
1XM

Price

2 YD 1X WK 1
LOCK BAR CHARGE - COMM
2 YD 1X WK SSR 1
LOCK BAR CHARGECOMM

$105.23
$15.00
$85.00
$15.00

OVERLOADED CONTAINER

$75.00

ADDITIONAL COMMENTS

Fuel Surcharge has been waived for the initial term of this agreement.
PAYMENT TERMS
The undersigned individual signing this Agreement on behalf of Customer acknowledges that he or she has read and understands the terms
and conditions of this Agreement and that he or she has the authority to sign the Agreement on behalf of the Customer. TERMS: NET 10
DAYS. State and local taxes, government franchise fees (if applicable), administrative fees, fuel surcharges and environmental fees also
apply. Container relocation, container removal and seasonal restarts will be provided at additional costs.
The service agreement is for 60 months and the renewal period is for 1 months.

CUSTOMER

REPRESENTATIVE

Authorized Signature

Christopher Vera
County Waste and Recycling Service, Inc.

Printed Name

M: +1 5189019193
@: christopher.vera@wasteconnections.com

Earl Co
Title

Date (MM/DD/YYYY)

Manager

01/16/2025

6910-P-2024.11.01

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ARTICLE I
SERVICES RENDERED
Customer grants to Contractor the exclusive right to collect and dispose of all of Customer's Waste Materials (as defined below) and agrees to make payments to
Contractor as described herein, and Contractor agrees to furnish the services and equipment specified above, all in accordance with the terms of this Agreement.

ARTICLE II
TERM
THE INITIAL TERM (THE “INITIAL TERM”) OF THIS AGREEMENT IS 60 MONTHS FROM THE EFFECTIVE SERVICE DATE SET FORTH ON THE
FIRST PAGE OF THIS AGREEMENT, WHICH IS THE DATE CONTRACTOR'S EQUIPMENT IS DELIVERED TO CUSTOMER'S LOCATION OR
SERVICE UNDER THIS AGREEMENT COMMENCES, WHICHEVER IS EARLIER. THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR
SUCCESSIVE 1 MONTHS TERMS (EACH A “RENEWAL TERM” AND TOGETHER WITH THE INITIAL TERM, THE “TERM”) THEREAFTER
UNLESS EITHER PARTY GIVES WRITTEN NOTICE OF TERMINATION BY U.S. CERTIFIED OR REGISTERED MAIL, POSTAGE PRE-PAID AND
RETURN RECEIPT REQUESTED, TO THE OTHER PARTY AT LEAST NINETY (90) DAYS, BUT NOT MORE THAN ONE HUNDRED TWENTY (120)
DAYS, PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR ANY RENEWAL TERM. ANY SUCH NOTICE SHALL BE SENT TO THE OTHER
PARTY'S ADDRESS SET FORTH ON THE FIRST PAGE OF THIS AGREEMENT, OR ANY CHANGE OF ADDRESS COMMUNICATED IN WRITING
BY THE OTHER PARTY DURING THE TERM OF THE AGREEMENT. A RENEWAL TERM SHALL BECOME EFFECTIVE (THEREBY EXTENDING
THE THEN-CURRENT TERM) UPON EITHER PARTY'S FAILURE TO GIVE NOTICE OF TERMINATION WITHIN THE TIME PERIOD SET FORTH
ABOVE. NOTWITHSTANDING THE FOREGOING, CUSTOMER AGREES THAT IT SHALL NOT PROVIDE ANY SUCH NOTICE OF TERMINATION
IF CONTRACTOR MEETS COMPETITIVE OFFERS MADE BY THIRD PARTIES IN WRITING FOR SIMILAR SERVICES AFTER CONTRACTOR'S
REVIEW THEREOF PURSUANT TO ARTICLE XIII BELOW.

ARTICLE III
WASTE MATERIALS
The waste materials to be collected and disposed of by Contractor pursuant to this Agreement consist of all solid waste (including recyclable materials) generated or
collected by Customer at the locations specified on the first page of this Agreement (the “Waste Materials”); provided, however, that the term Waste Materials specifically
excludes and Customer agrees not to deposit in Contractor's equipment or place for collection by Contractor any radioactive, volatile, corrosive, highly flammable,
explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations (“Excluded Waste”).
Customer agrees to comply with any description of and/or procedures with respect to removal of contaminants or preparation of recyclable materials as reasonably
provided by Contractor. In the event that any recyclable materials furnished to Contractor by Customer are, due to presence of contaminants, rejected by a recycling
facility or otherwise are determined by Contractor not to be resalable or to have a reduced resale value, Contractor may, in addition to its other remedies, require Customer
to pay Contractor, as liquidated damages and not as a penalty, the charges incurred by Contractor (plus overhead and profit) for hauling, processing and/or disposal of such
materials and for the reduction in resale value of such materials. Contractor shall deliver properly prepared recyclable materials furnished to Contractor by Customer to a
recycling facility owned and/or operated by Contractor or an affiliate of Contractor or a third party that Contractor understands will recycle the materials (“Third Party
Facility”); provided, however, that Contractor shall not be responsible for and has not made any representation to Customer regarding the ultimate recycling of such
recyclable materials by a Third Party Facility.

ARTICLE IV
TITLE
Contractor shall acquire title to the Waste Materials when they are loaded into Contractor's truck. Title to and liability for any Excluded Waste shall remain with Customer.
Customer expressly agrees to defend, indemnify and hold harmless Contractor from and against any and all damages, penalties, fines, liabilities and costs (including
reasonable attorneys' fees) resulting from or arising out of the deposit of Excluded Waste in Contractor's trucks, containers or other equipment.

ARTICLE V
PAYMENTS
Customer agrees to pay Contractor on a monthly basis for the services and/or equipment furnished by Contractor in accordance with the rates, charges and fees provided
for herein (“Charges”). Contractor, in its sole and absolute discretion, may agree to participate in a vendor compliance management or billing system of Customer’s
choosing, provided that Customer pays or refunds Contractor for all fees associated with Contractor’s use of such system. For certainty, if Contractor is found to be out of
compliance under any such system, such noncompliance shall not constitute a breach by Contractor of this Agreement, which shall remain valid, enforceable and binding
on the parties hereto. Payments shall be made by Customer to Contractor within the period of time set forth on the first page of this Agreement. Contractor may impose and
Customer agrees to pay a late fee as determined by Contractor for all past due payments, and interest on all past due payments at the rate of one and one-half percent
(1½%) per month, provided that no such late fee or interest charge shall exceed the maximum rate allowed therefor by applicable law. Any dispute or claim against
Contractor concerning any amount invoiced by Contractor must be asserted by Customer in writing to Contractor at the address set forth on the first page of this
Agreement not later than one hundred eighty (180) days following the event or circumstance giving rise to the underlying dispute or claim; the failure to abide by such
time requirement shall constitute a release and waiver by Customer of any rights in respect of, and shall constitute a bar on, any claims or requests for relief by Customer
on the basis of such dispute or claim. Customer will pay Contractor a standard recycling services and equipment charge set forth herein (irrespective of changing
commodity values). Customer shall continue to provide, and Contractor shall continue to collect, recyclable materials from Customer in accordance with the terms of this
Agreement for the Term hereof notwithstanding changing commodity values.

ARTICLE VI
RATE ADJUSTMENTS
Customer agrees that the Charges shall be increased from time to time to adjust for increases in the Consumer Price Index. Because disposal, fuel, materials and operations
costs constitute a significant portion of the cost of Contractor's services provided hereunder, Customer agrees that Contractor may increase the Charges to account for any
increase in such costs or any increases in transportation costs due to changes in location of the disposal facility. Customer agrees that Contractor may also increase the
Charges to account for increases in the average weight per container yard of Customer's Waste Materials, increases in Contractor's costs due to changes in local, state or
federal rules, ordinances or regulations applicable to Contractor's operations or the services provided hereunder, increases in taxes, fees or other governmental charges
assessed against or passed through to Contractor (other than income or real property taxes), and changes in the values associated with recyclable materials. Contractor may
increase Charges for reasons other than those set forth above with the consent of Customer. Such consent may be evidenced orally, in writing or by the practices and
actions of the parties. In the event Contractor adjusts the Charges as provided in this Article, the parties agree that this Agreement as so adjusted will continue in full force
and effect. Customer acknowledges and agrees that adjustments to the Charges might not be directly associated with increased costs of servicing Customer’s specific
account; rather, adjustments to the Charges might be based upon overall costs and expenses incurred by Contractor on a regional or national basis.

ARTICLE VII
SERVICE CHANGES AND AMENDMENTS
Changes to the type, size and amount of equipment, the type or frequency of service, and corresponding adjustments to the rates, may be made by agreement of the parties,
evidenced orally, in writing or by the practices and actions of the parties, without affecting the validity of this Agreement and this Agreement shall be deemed amended
accordingly. This Agreement shall continue in effect for the Term provided herein and shall not be affected by any changes in Customer's service address if any new
service address is located within Contractor's service area. Should Customer change its service address to a location outside Contractor's service area, Customer may cancel
the Agreement upon thirty (30) days' written notice to Contractor. Any other amendment to this Agreement not otherwise expressly provided for herein shall be made in
writing and signed by both parties.

6910-P-2024.11.01

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