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General Contract Terms and Conditions

HOLLAND, L.P. GENERAL CONTRACT PROVISIONS
EXHIBIT B

GENERAL CONTRACT PROVISIONS



SECTION 1 – REPORTING AND BILLING



Daily production reports will be maintained by the Contractor and shall be verified by signature of an authorized employee of the Customer. Copies of these daily reports will become the basis of billing the work performed. Invoices will be rendered minimally on a bi-weekly basis for all Work performed, or at such other interval mutually agreed by the Contractor and the Customer. Invoices will become due and payable within thirty (30) days of invoice date.



SECTION 2 – CHANGES TO SCOPE OF WORK



In the event it is determined that a change in the scope of work is required and that change increases the operating costs incurred by Contractor, Contractor reserves the right to increase the prices agreed to in the price schedule. No change to the scope of work or the pricing will occur until the terms and compensation for such change is mutually agreed between the parties in writing.



SECTION 3 TAXES



Contractor shall pay all taxes and contributions levied on the payroll of its employees engaged in the performance of the Work, and all excise, property and other taxes levied upon or applicable to materials, supplies, equipment or services furnished by Contractor. Any and all sales, use or other taxes applicable to the materials, supplies or services furnished by the Contractor will be invoiced and Customer shall be responsible for payment.



SECTION 4 INDEPENDENT CONTRACTOR



Contractor shall have complete and exclusive control of, and responsibility for, all of the equipment and employees utilized or employed by it in the performance of the Work. Contractor shall perform all Work as an independent contractor, and this Agreement shall in no way be construed as creating any master/servant relationship, employer/employee relationship, or any relationship between Contractor and Customer other than one of principal and independent contractor.



SECTION 5 INDEMNIFICATION



Contractor shall indemnify and holds harmless Customer, its affiliates, their officers, agents and employees (“Indemnitees”), against and from any and all liability, loss, damage, claims, demands, costs and expenses relative to any injury or death of any person or damage to property in the performance of this Agreement, but only to the proportionate extent that they result from the negligent acts or omissions of Contractor. The obligation of Contractor to indemnify Customer is expressly contingent upon the Customer giving Contractor written notice within seven (7) days of its receipt of any claim, complaint, potential cause of action, or proceeding for which it requests indemnification under this Section 5. Failure by Customer to timely notify Contractor shall relieve Contractor of its obligation to indemnify Customer to the extent any such delay materially prejudices the substantive rights and defenses available to the Contractor, or otherwise increases the damages, settlement costs, or costs of defense. If any claim or liability shall arise from the joint or concurring negligence of both parties, it shall be borne by them in proportion to their negligence.






SECTION 6 INSURANCE



Contractor shall provide and maintain insurance of the type and in the amounts noted herein:



a)      Commercial General Liability:

Limits of Liability

Each Occurrence                                                           $5,000,000.00

Damage to Rented Premises (each occurrence)                  $100,000.00

Medical Expenses (any one occurrence)                                $5,000.00

General Aggregate                                                        $5,000,000.00

Products/Completed Operations                                    $5,000,000.00

Personal and Advertising Injury                                     $5,000,000.00



b)     Worker’s Compensation

Coverage A                                                               Statutory by Law

Coverage B                                                            Employer’s Liability

Each Accident                                                  $1,000,000.00

Disease Policy Limit                                            $1,000,000.00

Disease – Each Employee                                     $1,000,000.00



c)      Automobile Liability (combine single limit)                           $5,000,000.00

a.      Extends to owned, non-owned and hired automobiles used in the performance of the work.



d)     Excess and Umbrella Coverage                               

Each Occurrence                                                                    $5,000,000.00

General Aggregate                                                                 $5,000,000.00



Upon written request by Customer, Contractor will provide certificates of insurance evidencing such insurance as outlined above prior to beginning work under the contract agreement. Such certificates shall provide for thirty (30) day’s advance written notice to Customer of cancellation, material change, reduction of coverage or non-renewal.



SECTION 7 EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION



Contractor represents that it maintains corporate policies that provide for equal opportunity in employment without regard to race, color, religion, gender, age, or national origin.



SECTION 8 SAFETY



Contractor shall take all reasonable safety precautions pertaining to its work under this Agreement. Contractor represents, warrants and agrees that it shall, to the best of its ability, comply with all applicable federal, state and local laws, rules, ordinances and regulations, and all applicable licenses, permits, administrative orders and court orders relating to the performance of its services under this Agreement.



SECTION 9 FORCE MAJEURE



With the exception of Customer’s obligation to pay for the Work performed by Contractor pursuant to this Agreement, neither party shall be in default under this Agreement to the extent that the performance of its obligations is delayed, hindered or prevented by a cause beyond the reasonable control of such party and without such party’s fault or negligence, including, but not limited to, acts of God, declared or undeclared wars, blockades, hostilities, legal or illegal acts of government, epidemics, quarantines, riots, rebellions and labor strikes (“Force Majeure”). In the event that the affected party is delayed in or prevented from performing its obligations under this Agreement by a Force Majeure event, only within the scope of such delay or prevention, the affected party will not be responsible for any damage by reason of such a failure or delay of performance. The affected party shall take appropriate means to minimize or remove the effects of a Force Majeure event and attempt to resume performance of the obligations delayed or prevented by the Force Majeure event. After the Force Majeure event has ended, both parties agree to resume performance of this Agreement with their best efforts.



SECTION 10 – GOVERNING LAW



The terms of this Agreement shall be governed by and construed according to the laws of the State of Illinois without regard to its choice of law provisions.



SECTION 11 – ARBITRATION



Any controversies shall be settled by binding arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The exclusive venue for the administration of said arbitration shall be in Chicago, Illinois. The parties agree to one arbitrator to resolve any arbitration proceeding.



SECTION 12 – SEVERABILITY AND WAIVER



The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any right granted by this Agreement, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right as respects further performance.



SECTION 13 – CAPTIONS



The captions at the beginning of each section are for convenience only and are to be given no weight in construing the provisions of this Agreement.



SECTION 14 – NOTICES



All notices shall be in writing addressed to the parties at the addresses set out in this Agreement unless subsequently changed in conformance with this notice provision and shall be considered as delivered on the third (3rd) business day after the date of mailing if sent by certified mail or when received if delivered by overnight delivery, electronic mail (with read receipt), or personal delivery.



SECTION 15 - CONFIDENTIALITY



Except as otherwise provided in Section 16 below, Customer agrees to keep confidential and not disclose any of Customer’s Confidential Information. For purposes of this Agreement, “Confidential Information” means any information, knowledge or data of an intellectual, technical, scientific, commercial or industrial nature, or of a financial, cost, pricing, or marketing nature relating to the business operations of the Customer; personal information regarding any employee of the Customer or other individual, which would be protected under any federal, state, or local privacy laws; or any information supplied by the Customer that is clearly marked "Confidential". Contractor agrees not to share such Confidential Information with any person except Contractor’s consultants, subcontractors and agents who have a need to know such information consistent with the performance of Contractor’s obligations pursuant to this Agreement. This Section 15 shall survive termination of the Agreement.



SECTION 16 – EXECUTION



This Agreement may be executed in any number of counterparts, any one of which shall be an original, but all of which together shall be one and the same instrument. Facsimile and electronic signatures (including emailed PDFs) shall constitute original signatures.


Website Terms and Conditions

HOLLAND, L.P.

WEBSITE TERMS AND CONDITIONS OF USE

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

Restrictions on Use

All pages within this Website and any material made available for download (collectively the “Site”) are the property of Holland, L.P. (“Holland”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Holland. Use of this Site is limited to your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. 

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Holland.

Trademark Notice

Holland,” and all other Holland graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Holland. Holland’s trademarks and trade dress may not be used in connection with any product or service unless authorized by Holland, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Holland. All other trademarks not owned by Holland that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Holland.

Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

HOLLAND, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although Holland attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Holland so that it can be corrected. Information contained on the Site may be changed or updated without notice.

Confidential and Proprietary Information

Holland does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Holland through the Site will be deemed NOT confidential. By sending Holland any information or material, you grant Holland an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Holland is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. 

Links or Pointers to Other Sites

Holland makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Holland Website, please understand that it is independent from Holland, and that Holland has no control over the content on that Website. In addition, a hyperlink to a non-Holland Website does not mean that Holland endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

Choice of Law and Venue

These Terms and Conditions are entered into in the State of Illinois and shall be governed by and construed in accordance with the laws of the State of Illinois, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Will in the State of Illinois, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Entire Agreement

These Terms and Conditions constitute the entire agreement between Holland and you pertaining to the subject matter of this Agreement. In its sole discretion, Holland may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to Holland that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

WEBSITE Privacy Policy

Holland, L.P. (“Holland”) offers this privacy policy (the “Policy”) to demonstrate our firm commitment to privacy. This Policy discloses our practices for our Website’s information gathering and dissemination.

Your IP Address

Pursuant to our Policy, we use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is used to gather broad demographic information. This site automatically collects other information such as browser type, platform, connection speed, domain name of the website from which you came, number of visits, average time spent on the site, pages viewed, etc. We may use this data and share with our worldwide affiliates to monitor the attractiveness of our Website and improve their performance or content.

Links

Our Website contains links to other sites. Holland is not responsible for the privacy practices or the content of such Websites.

Personal Information

Our online inquiry forms may solicit visitors to voluntarily provide contact information such as name, email address, phone number, and mailing address and demographic information such as age and how you learned about us. Pursuant to our Policy, we use this contact data to facilitate communications with visitors. Customers may receive a follow-up email after submitting our online inquiry form, and may be further contacted only by the means specified by the customer in the form. Users may request email or telephone contact, or to subscribe to an opt-in newsletter updating them on program activities. The customer’s contact information may be also used to contact the visitor regarding their specific request or to send administrative notices regarding their use of the site users may opt-out of receiving future mailings (refer to the choice/opt-out section below). Demographic and profile data may be collected at our Website. We use this data to tailor our visitor’s experience at our Website, showing them content that we think they might be interested in, and displaying the content according to their preferences. All collected data is for internal use only and is never shared with third parties.

Security

This site has instituted security measures to protect the loss, misuse and alteration of the information under our control. Specifically, (i) our network and database are highly secure; (ii) only authorized employees have access to contact data; (iii) all employees are educated on our privacy policies; (iv) all employees agree to adhere to our privacy policies as a condition of employment; (v) our network and database are password protected and are behind both a firewall and proxy server to ensure security; (vi) our web security is under on-going scrutiny and review to ensure that it meets the highest standards; and (vii) collected information is never shared with third parties.

User Choices

Our Website provides users the opportunity to opt-in to receiving electronic communications or marking materials from us at the point where we request information about the visitor. Users who wish to stop receiving electronic newsletters or marketing materials may unsubscribe by following the appropriate link in the e-mail.

Cookies

A cookie is a small text file stored on a computer that contains information associated with that computer. Our Website uses cookies for several purposes, such as maintaining your login state, improving the content of Website, providing you with information tailored to your interests, customizing the content of our Web pages, and improving the security of your use of our Website. If you do not wish to receive cookies, please configure your internet browser to erase all cookies from your computer’s hard drive, block all cookies or to receive a warning before a cookie is used.

Disclaimer

We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our Website.

Notification of Changes

Holland will occasionally update this Privacy Policy as our business and products evolve. When we do, we will also revised the “last updated” date at the top of the Privacy Policy. For material changes to this Privacy Policy, Holland will notify you by placing prominent notice on the Website.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us as follows: Holland, L.P., 1000 Holland Drive, Crete, IL 60417.

Contacts

Address

  • 1000 Holland Drive,
  • Crete,
  • IL
  • 60417
  • USA
  • 708.672.2300
  • 708.672.0119 

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