This Business Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between M. Dyer & Sons. Inc. Contact Info: ______________________ (hereinafter referred to as the “Company”), and __________________, Contact Info: ________________, (herein referred to as the “Farm”).
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
The initial term of this Agreement shall be for a period Three Years (36 Calendar months) commencing on the Effective Date herein.
- The Company shall transfer the ownership of the truck registration number _________________ worth and estimated market value of Twenty Thousand Dollars ($20, 000), to the Farm in exchange thereof the Company shall dispose and drop their industrial non-hazardous waste (including but not limited to scrap wood, metal and paper products) at the farm, every day of the week during normal business hours, for the entire term of this Agreement.
- The Farm shall dispose of and/or recycle the waste, with no compensation to the Company from any sales the Farm may earn from recycled goods.
- The Parties shall not assign any of their rights and/or obligations under this Agreement, or subcontract their obligations to a third party without prior written Notice and/or consent of the other Party.
- The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
The Parties acknowledge that either Party can terminate/cancel this Agreement at any time provided that they issue a 30 Day Written Notice on the same. Note however, should the Farm demand the termination/cancellation of this Agreement, they shall have to pay the current market value of the Truck $20,000 plus a premium sum amount to the Company as shall be negotiated by the Parties before the Agreement is declared terminated/cancelled.
- DISPUTE RESOLUTION.
In the event of issues arising regarding the execution of this Agreement, the Parties shall resolve them through binding and final arbitration and/or mediation processes, should these processes fail to bring an amicable solution, the Parties shall use litigation as the final step. This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, USA. Exclusive jurisdiction and venue shall be in Hawaii, USA.
- PARTIES WARRANTY.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the Parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Hawaii, USA .Exclusive jurisdiction and venue shall be in Hawaii, USA.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: _____________ ________________________________ ___________
(SIGNATURE) (NAME) (DATE)
FARM: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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