Agmt11 Duke's Root Control, Inc.

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DUKE'S RESPONSIBILITIES 1. Should any chemical root control agent spill on the ground, the chemical and the affected soil will be removed by Duke's and safely disposed of. Duke's will restore the area to a condition equal to or better than before the spill. Any damage to vegetation resulting from misuse of the chemical root control agent is the responsibility of Duke's. 2. Duke's will respect the rights of property owners, and not enter upon private property without obtaining permission from the owner. 3. Duke's will place proper traffic warning devices to protect the specific job site, and to prevent accidents or personal injury to the public. Flagmen for safe traffic control will be provided as conditions dictate. 4. Duke's will keep complete, accurate records of each day's operation. Records shall show the date of treatment, the sections of line treated, pipe size and distance, and other pertinent information. Logsheets will be submitted with the invoice. 5. Duke's will assist in the evaluation of the root control application. Duke's will return 4 to 8 months after the work is completed, and periodically throughout the life of the Guarantee. 6. Duke's will dispose of all pesticide containers, according to the state and federal regulations pertaining thereto. 7. Duke's shall not be responsible for any damages caused by sewer stoppages. THE CUSTOMER'S RESPONSIBILITIES 1. Provide a department representative to accompany Duke's crew, and /or sewer system drawings showing the exact locations of the pipes to be treated. 2. Assist and make provision for entering private lands, public lands and right -of -ways. 3. Provide fresh water for the purpose of mixing the root control agent and for clean up. 4. Locate and uncover hidden or buried manholes, and restore street surfaces, easements, etc. -3-