Cafe Waste Management Agreement
Cafe Waste Management Agreement
This Cafe Waste Management Agreement (the "Agreement") is made and entered into as of [Effective Date], by and between [Your Company Name], having its principal place of business at [Your Company Address] (the "Cafe"), and [Waste Management Company Name], having its principal place of business at [Waste Management Company Address] (the "Service Provider"). This Agreement outlines the terms and conditions under which the Service Provider will manage waste generated by the Cafe. The parties agree as follows:
I. Scope of Services
A. Description of Services: The Service Provider agrees to provide comprehensive waste management services to the Cafe. These services include waste collection, transportation, disposal, and recycling of various types of waste generated by the Cafe.
B. Responsibilities of the Cafe: The Cafe shall be responsible for properly segregating waste into designated categories (organic, recyclable, hazardous) and ensuring that waste is accessible for collection as per the agreed schedule.
C. Responsibilities of the Service Provider: The Service Provider shall be responsible for timely collection, transportation, and disposal of waste, ensuring compliance with all relevant regulations and standards.
II. Waste Collection and Disposal
A. Types of Waste: The types of waste covered under this Agreement include organic waste, recyclable materials (paper, plastics, metals, glass), and hazardous waste (cleaning chemicals, batteries).
B. Collection Schedule: The Service Provider shall collect waste from the Cafe three times a week on Monday, Wednesday, and Friday. Collection shall occur between 8:00 AM and 10:00 AM.
C. Disposal Methods: Organic waste shall be composted or used for energy recovery. Recyclable materials shall be processed at a certified recycling facility. Hazardous waste shall be disposed of in accordance with local, state, and federal regulations.
III. Financial Terms
A. Service Fees: The Cafe agrees to pay the Service Provider $500 per month for the waste management services provided. This fee covers all collection, transportation, and disposal costs.
B. Payment Schedule: Payments shall be made monthly, due on the 15th day of each month. The Cafe shall remit payment via electronic transfer to the account designated by the Service Provider.
C. Late Payments: Any payment not received within 15 days of the due date shall incur a late fee of $50.
IV. Compliance with Regulations
A. Legal Compliance: The Service Provider agrees to perform all waste management activities in compliance with local, state, and federal regulations.
B. Permits and Licenses: The Service Provider shall obtain and maintain all necessary permits and licenses required for the performance of its services under this Agreement.
C. Inspections and Audits: The Service Provider shall permit inspections and audits by regulatory authorities to ensure compliance with applicable laws and regulations.
V. Environmental and Safety Standards
A. Environmental Protection: The Service Provider commits to implementing environmentally sustainable waste management practices and minimizing the environmental impact of waste disposal.
B. Safety Measures: The Service Provider shall adhere to all safety protocols to protect its workers and the public during waste collection and disposal activities.
C. Training: The Service Provider shall provide regular training to its employees on environmental protection and safety measures.
VI. Term and Termination
A. Term: This Agreement shall commence on the Effective Date and continue for a period of one year, unless terminated earlier in accordance with the terms of this Agreement.
B. Termination for Convenience: Either party may terminate this Agreement for any reason by providing 30 days' written notice to the other party.
C. Termination for Cause: Either party may terminate this Agreement immediately upon written notice to the other party if the other party breaches any material term of this Agreement and fails to cure such breach within 15 days after receipt of notice of the breach.
VII. Confidentiality
A. Confidential Information: Confidential Information includes any data or information, whether written, oral, or in any other form, that is disclosed by one party to the other and is not generally known to the public. This includes, but is not limited to, business plans, customer lists, financial information, and proprietary methods.
B. Obligations of the Parties: Each party agrees to hold and maintain the Confidential Information in strict confidence and not to disclose it to any third party without the prior written consent of the other party.
C. Duration of Confidentiality: The confidentiality obligations set forth in this Agreement shall continue for a period of three years after the termination of this Agreement.
VIII. Indemnification
A. Indemnification by the Service Provider: The Service Provider agrees to indemnify, defend, and hold harmless the Cafe from any and all claims, damages, losses, and expenses arising out of or resulting from the Service Provider's performance under this Agreement.
B. Indemnification by the Cafe: The Cafe agrees to indemnify, defend, and hold harmless the Service Provider from any and all claims, damages, losses, and expenses arising out of or resulting from the Cafe's actions or omissions under this Agreement.
C. Notification of Claims: Each party shall promptly notify the other party of any claim or lawsuit that may give rise to an indemnification obligation under this Agreement.
IX. Limitation of Liability
A. Liability Limits: In no event shall either party be liable to the other for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement.
B. Cap on Damages: The total liability of each party under this Agreement shall not exceed the total amount paid by the Cafe to the Service Provider under this Agreement.
C. Exclusions: The limitations of liability set forth in this section shall not apply to damages arising from a party's gross negligence, willful misconduct, or breach of confidentiality obligations.
X. Dispute Resolution
A. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of [State], without regard to its conflict of law principles.
B. Mediation: In the event of a dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through mediation conducted by a mutually agreed-upon mediator.
C. Arbitration: If the dispute is not resolved through mediation within 30 days, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.
XI. Miscellaneous Provisions
A. Amendments: No modification or amendment of this Agreement shall be effective unless made in writing and signed by both parties.
B. Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes all prior discussions, agreements, or understandings of any kind.
C. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be revised to the extent necessary to make it valid and enforceable.
D. Waiver: No waiver of any term or condition of this Agreement shall be valid or binding unless in writing and signed by the party to be charged. The failure of either party to enforce any of the provisions of this Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement.
Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Cafe Waste Management Agreement as of the Effective Date.
Cafe
[Name]
[Date]
Service Provider
[Name]
[Date]
