PRICKLY PEAR HOME SERVICES
INDIVIDUAL SERVICE
TERMS AND CONDITIONS OF SERVICE
These Terms and Conditions of Service (this “Agreement”) govern the relationship between Prickly Pear Home Services LLC, a Texas limited liability company (“Provider”), and the undersigned customer (“Customer”).
WHEREAS Customer desires to retain Provider to provide certain pest control, handyman, or similar services, and Provider is willing to perform such services under the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Provider and Customer agree as follows:
1. Services. Provider shall provide to Customer the services set out in one or more communications, work orders, or invoices issued by Provider and accepted by Customer (each, a “Statement of Work” and such services, the “Services”).
2. Provider Obligations. Provider shall perform the Services in a workmanlike and professional manner in accordance with and subject to the terms of this Agreement. Provider may subcontract any or all of the Services in its sole discretion.
3. Customer Obligations. Customer shall provide Provider with any information, materials, and access necessary to perform the Services in accordance with this Agreement.
4. Fees and Expenses. In consideration of the provision of the Services by Provider and the rights granted to Customer under this Agreement, Customer shall pay to Provider the fees set out in the applicable Statement of Work on the terms and in the manner set forth in the applicable Statement of Work. Unless otherwise provided in an applicable Statement of Work, such fee will be payable monthly in advance on the first day of each month.
5. Limited Warranty and Limitation of Liability.
5.1 Provider warrants that it shall perform the Services:
(a) In accordance with the terms and subject to the conditions set out in the applicable Statement of Work and this Agreement.
(b) Using personnel of reasonable skill, experience, and qualifications.
(c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services.
5.2 Provider’s sole and exclusive liability and Customer’s sole and exclusive remedy for breach of this warranty shall be as follows: during the Term, Provider shall use reasonable commercial efforts to promptly cure any such breach, provided that if Provider cannot cure such breach within a reasonable time after Customer’s written notice of such breach, Customer may, at its option, terminate the Agreement by serving written notice of termination in accordance with Section 8.2. Notwithstanding the foregoing, this remedy will be available to Customer if and only if Customer provides written notice to Provider within 30 days of date on which the applicable service was provided by Provider.
5.3 PROVIDER MAKES NO WARRANTIES EXCEPT FOR THOSE PROVIDED IN SECTION 5.1. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
5.4 Notwithstanding Section 5.1, all parts and other products installed by Provider will be covered by any applicable manufacturer warranty.
6. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill, derivative works, and all other rights associated therewith (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of the Provider in the course of performing the Services, including any items identified as such in the Statement of Work, except for any Confidential Information of Customer or customer materials (collectively, the “Deliverables”), shall be owned by Provider. Provider hereby grants Customer a license to use all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Deliverables and the Services.
7. Reserved.
8. Term, Termination, and Survival.
8.1 This Agreement shall commence as of the effective date of the applicable Statement of Work and shall continue until the completion of the Services (the “Term”). Notwithstanding the foregoing, the Term will end if this Agreement is terminated pursuant to Section 8.2 or Section 8.3.
8.2 Either party may terminate this Agreement, effective upon written notice to the other party (the “Defaulting Party”) if the Defaulting Party:
(a) Materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within 30 days after receipt of written notice of such breach;
(b) Becomes insolvent or admits its inability to pay its debts generally as they become due.
(c) Becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven days or is not dismissed or vacated within 45 days after filing;
(d) Is dissolved or liquidated or takes any corporate action for such purpose;
(e) Makes a general assignment for the benefit of creditors; or
(f) Has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
8.3 Notwithstanding anything to the contrary in Section 8.2(a), Provider may terminate this Agreement before the expiration date of the term hereof on written notice (a) if Customer fails to pay any amount when due hereunder (i) and such failure continues for 15 days after Customer’s receipt of written notice of nonpayment; or (ii) more than two times in any 12-month period; or with 30 days’ written notice.
8.4 Customer may terminate this Agreement before the end of the Term if Customer provides written notice of termination before 5:00 p.m. on the date before the Services are scheduled to begin. Customer may terminate this Agreement after 5:00 p.m. on the date before the Services are scheduled to begin (but before the Services actually begin), provided that in such event Customer will be required to pay a $200 termination fee.
8.5 The rights and obligations of the parties set forth in this Section, and any right or obligation of the parties in this Agreement which, by its nature, would be expected to survive termination or expiration of this Agreement, will survive any termination or expiration of this Agreement.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PROVIDER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
10. Reserved.
11. Entire Agreement. This Agreement, including and together with any related Statements of Work, exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. The parties acknowledge and agree that if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of any Statement of Work, the terms and conditions of this Agreement shall supersede and control.
12. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice” and with the correlative meaning “Notify”) must be in writing and addressed to the other party at its address set forth below (or to such other address that the receiving party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving party; and (b) if the party giving the Notice has complied with the requirements of this Section 12.
Notice to Customer:
Customer’s Address on the Statement of Work
Notice to Provider:
Prickly Pear Home Services LLC
Attn: Admin
PO Box 68
Pflugerville, TX 78691
13. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the parties shall negotiate in good faith to modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
14. Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed each party.
15. Waiver. No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
16. Assignment. Customer may not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Provider. Any purported assignment or delegation in violation of this Section 16 shall be null and void. No assignment or delegation shall relieve Customer of any of its obligations under this Agreement.
17. Successors and Assigns. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and assigns.
18. Relationship of the Parties. The relationship between the parties is that of independent contractors. The details of the method and manner for performance of the Services by Provider shall be under its own control, Customer being interested only in the results thereof. The Provider shall be solely responsible for supervising, controlling, and directing the details and manner of the completion of the Services. Nothing in this Agreement shall give Customer the right to instruct, supervise, control, or direct the details and manner of the completion of the Services. The Services must meet Customer’s final approval and shall be subject to Customer’s general right of inspection throughout the performance of the Services and to secure satisfactory final completion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
19. No Third-Party Beneficiaries. This Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
20. Choice of Law. This Agreement and all related documents and matters are governed by, and shall be construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas.
21. Choice of Forum. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other party in any way arising from or relating to this Agreement in any forum other than the courts of the State of Texas sitting in Austin, Texas, and any appellate court from any thereof. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the courts of the State of Texas sitting in Austin, Texas. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
22. WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
23. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
24. Force Majeure. The Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Provider, provided that, if the event in question continues for a continuous period in excess of 30 days, Customer shall be entitled to give notice in writing to Provider to terminate this Agreement.
PRICKLY PEAR HOME SERVICES
ANNUAL SERVICE PLAN
TERMS AND CONDITIONS OF SERVICE
These Terms and Conditions of Service (this “Agreement”) govern the relationship between Prickly Pear Home Services LLC, a Texas limited liability company (“Provider”), and the undersigned customer (“Customer”).
WHEREAS Customer desires to retain Provider to provide certain pest control, handyman, or similar services, and Provider is willing to perform such services under the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Provider and Customer agree as follows:
1. Services. Provider shall provide to Customer the services set out in one or more communications, work orders, or invoices issued by Provider and accepted by Customer (each, a “Statement of Work” and such services, the “Services”).
2. Provider Obligations. Provider shall perform the Services in a workmanlike and professional manner in accordance with and subject to the terms of this Agreement. Provider may subcontract any or all of the Services in its sole discretion.
3. Customer Obligations. Customer shall provide Provider with any information, materials, and access necessary to perform the Services in accordance with this Agreement.
4. Fees and Expenses. In consideration of the provision of the Services by Provider and the rights granted to Customer under this Agreement, Customer shall pay to Provider the fees set out in the applicable Statement of Work on the terms and in the manner set forth in the applicable Statement of Work. Unless otherwise provided in an applicable Statement of Work, such fee will be payable monthly in advance on the first day of each month.
5. Limited Warranty and Limitation of Liability.
5.1 Provider warrants that it shall perform the Services (and all other services performed during the Term, including one-off services not included in Customer’s annual service plan):
(a) In accordance with the terms and subject to the conditions set out in the applicable Statement of Work and this Agreement.
(b) Using personnel of reasonable skill, experience, and qualifications.
(c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services.
5.2 Provider’s sole and exclusive liability and Customer’s sole and exclusive remedy for breach of this warranty shall be as follows: during the Term, Provider shall use reasonable commercial efforts to promptly cure any such breach, provided that if Provider cannot cure such breach within a reasonable time after Customer’s written notice of such breach, Customer may, at its option, terminate the Agreement by serving written notice of termination in accordance with Section 8.2.
5.3 PROVIDER MAKES NO WARRANTIES EXCEPT FOR THOSE PROVIDED IN SECTION 5.1. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
6. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill, derivative works, and all other rights associated therewith (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of the Provider in the course of performing the Services, including any items identified as such in the Statement of Work, except for any Confidential Information of Customer or customer materials (collectively, the “Deliverables”), shall be owned by Provider. Provider hereby grants Customer a license to use all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Deliverables and the Services.
7. Individual Service Discount. During the Term, Customer will receive a 10% discount on any services provided by the Company outside of Customer’s annual service plan.
8. Term, Termination, and Survival.
8.1 This Agreement shall commence as of the effective date of the applicable Statement of Work and shall continue for a period of 12 months unless sooner terminated pursuant to Section 8.2 or Section 8.3 (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for additional successive 12 month terms unless either party provides written notice of nonrenewal prior to the end of the then-current term (each a “Renewal Term” and together with the Initial Term, the “Term”). If this Agreement is renewed for one or more Renewal Terms, the terms and conditions of this Agreement during each Renewal Term shall be the same as the terms and conditions in effect immediately prior to such renewal, subject to any change in Provider’s standard fees. Notwithstanding the foregoing, the Term will end if this Agreement is terminated pursuant to Section 8.2 or Section 8.3.
8.2 Either party may terminate this Agreement, effective upon written notice to the other party (the “Defaulting Party”) if the Defaulting Party:
(a) Materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within 30 days after receipt of written notice of such breach;
(b) Becomes insolvent or admits its inability to pay its debts generally as they become due.
(c) Becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven days or is not dismissed or vacated within 45 days after filing;
(d) Is dissolved or liquidated or takes any corporate action for such purpose;
(e) Makes a general assignment for the benefit of creditors; or
(f) Has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
8.3 Notwithstanding anything to the contrary in Section 8.2(a), Provider may terminate this Agreement before the expiration of the Term on written notice (a) if Customer fails to pay any amount when due hereunder (i) and such failure continues for 15 days after Customer’s receipt of written notice of nonpayment; or (ii) more than two times in any 12-month period; or (b) with 30 days’ written notice.
8.4 Customer may terminate this Agreement before the expiration of the Term with 30 days’ written notice, provided that if Customer terminates this Agreement under this Section 8.4 during the Initial Term, Customer will be required to pay a $200 termination fee to Provider.
8.5 The rights and obligations of the parties set forth in this Section 8.5, and any right or obligation of the parties in this Agreement which, by its nature, would be expected to survive termination or expiration of this Agreement, will survive any termination or expiration of this Agreement.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PROVIDER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
10. Reserved.
11. Entire Agreement. This Agreement, including and together with any related Statements of Work, exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. The parties acknowledge and agree that if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of any Statement of Work, the terms and conditions of this Agreement shall supersede and control.
12. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice” and with the correlative meaning “Notify”) must be in writing and addressed to the other party at its address set forth below (or to such other address that the receiving party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving party; and (b) if the party giving the Notice has complied with the requirements of this Section 12.
Notice to Customer:
Customer’s Address on the Statement of Work
Notice to Provider:
Prickly Pear Home Services LLC
Attn: Admin
PO Box 68
Pflugerville, TX 78691
13. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the parties shall negotiate in good faith to modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
14. Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed each party.
15. Waiver. No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
16. Assignment. Customer may not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Provider. Any purported assignment or delegation in violation of this Section 16 shall be null and void. No assignment or delegation shall relieve Customer of any of its obligations under this Agreement.
17. Successors and Assigns. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and assigns.
18. Relationship of the Parties. The relationship between the parties is that of independent contractors. The details of the method and manner for performance of the Services by Provider shall be under its own control, Customer being interested only in the results thereof. The Provider shall be solely responsible for supervising, controlling, and directing the details and manner of the completion of the Services. Nothing in this Agreement shall give Customer the right to instruct, supervise, control, or direct the details and manner of the completion of the Services. The Services must meet Customer’s final approval and shall be subject to Customer’s general right of inspection throughout the performance of the Services and to secure satisfactory final completion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
19. No Third-Party Beneficiaries. This Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
20. Choice of Law. This Agreement and all related documents and matters are governed by, and shall be construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas.
21. Choice of Forum. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other party in any way arising from or relating to this Agreement in any forum other than the courts of the State of Texas sitting in Austin, Texas, and any appellate court from any thereof. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the courts of the State of Texas sitting in Austin, Texas. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
22. WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
23. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
24. Force Majeure. The Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Provider, provided that, if the event in question continues for a continuous period in excess of 30 days, Customer shall be entitled to give notice in writing to Provider to terminate this Agreement.
Texas Department of Agriculture Consumer Information Sheet: https://texasagriculture.gov/Portals/0/forms/PEST/Structural/Consumer%20Information%20Sheet.pdf?ver=vIgl05m-r_tR7pLGhWRumg%3d%3d