1. The Plan. Inventory items, pricing and term are detailed on the attached page(s) and made part of this agreement. Guaranteed horticultural service is included in lease and rental programs, optional and quoted separately under purchase agreements.

2. Changes? In the event actual quantities of items delivered or to be serviced under this agreement differ from quantities indicated, the purchase, lease or horticultural service charge (whichever is applicable) shall be adjusted accordingly by mutual consent.

3. Term and Renewal. This agreement shall remain in effect from the date of service initiation for an initial 36-month term. This agreement shall be automatically renewed and extended for an additional term and for successive terms thereafter upon the same conditions as stated herein unless, prior to expiration of said term, (a) either party requests in writing a renegotiation of fees, term, or conditions of the agreement; or (b) either party notifies the other by providing thirty (30) day written notice that said agreement shall be terminated upon the expiration of then current term.

4. We’re Specialists Serving You. Natura agrees to provide the following care and maintenance of interior foliage plants on a regular basis within Client’s normal working hours:

1. Water and fertilize plants, as necessary to maintain optimal health;
2. Keep plants clean, groomed and oriented to proper light;
3. Remove aged, damaged or unsightly foliage;
4. Remove debris from planters and maintain all planters in a neat and orderly manner;
5. Keep plants free of foliar disease and insects;
6. Schedule regular quality assurance visits and provide Client with record of services performed; and
7. Guarantee and replace interior foliage plants that deteriorate and become unsightly to the Client and Natura at no charge.

5. Don’t Kill the Plants. Natura will not be responsible for replacing plants under guarantee and Client will purchase plants as needed by mutual consent when loss is due to the following reasons:

1. Watering or other care by other than Natura personnel;
2. Accidental or malicious damage to plant or containers by other than Natura personnel;
3. Lack of access, heating or cooling to the extent that the damage affects the health of the plants;
4. Exterior placement of plants subject to climatic extremes;
5. Fire, theft, or mysterious disappearance of plants;
6. Moving of plants to a different location without prior approval from Natura;
7. Lowering of light levels below those originally specified or existing at time of service initiation; and
8. Use of cleaning liquids, paints, chemicals, or other gas-producing agents that introduce toxins into the surrounding air in sufficient quantities to be harmful to the foliage or roots.

6. Payment Obligation. Natura shall bill Client monthly in advance for services provided. Client agrees to pay Natura at its address in San Antonio, Bexar County, Texas, all amounts that are due and owing under the terms of this agreement within thirty (30) days from the billing date. Amounts not paid by the due date shall incur finance charges from the due date at a rate of one and one-half percent (1 1/2%) per month or eighteen percent (18%) per annum. In the event this agreement is terminated by Client prior to the scheduled expiration date for any reason other than allowed herein, or is terminated by Natura resulting from Client’s non-performance, the balance of the horticultural service fee for each month remaining for the then current term shall become immediately due and payable by Client to Natura without right of offset.

7. Security Agreement. Client hereby grants Natura a security interest in and to all plants, containers and other items installed under either purchase, lease or rental programs to secure the performance by Client of its obligations to Natura

8. Your Remedies for Non-performance. In the event that Natura fails to perform any obligation required hereunder, Client shall provide written notice of such condition. Natura shall correct said condition within thirty (30) days of notification receipt. If such condition is not corrected within said time, Client may immediately terminate this agreement by providing written notice.

9. Our Remedies for Non-performance. In the event that Client fails to make timely payment of obligations or fails to perform any other obligation required hereunder, Natura shall be entitled to terminate this agreement by providing written notice, enter Client’s premises during regular business hour or other reasonable time and remove plants and other items covered by the security agreement.

10. We’re Insured. Natura shall provide worker's compensation, general liability and property damage insurance covering the activities of Natura personnel upon Client’s premises. Client agrees that there are no warranties, expressed or implied, except as set out herein, Natura is not liable for consequential or incidental damages.

11. Miscellaneous Provisions.

1. In addition to amounts quoted above, Natura shall bill and Client shall pay applicable sales taxes as may be required.
2. This agreement and provisions herein shall be binding upon the parties hereto, their successors and assigns. Agreements entered into with owner's agents shall be considered as entered into directly with owners.
3. The construction and enforcement of this agreement shall be governed by the laws of the state of Texas. All legal proceedings in connection with the construction or enforcement of this agreement shall be brought in San Antonio, Bexar County, Texas.
4. Client shall not, during the term of this agreement nor a period of one (1) year after the termination of this agreement, solicit for employment or employ, whether as an employee or independent contractor, any person who is or has been employed at Natura during the term of this agreement without prior written consent of Natura.
5. If any provision in this agreement is held invalid, illegal, or unenforceable, the remaining provisions will not be affected or impaired, and if possible, any invalid, illegal, or unenforceable provision will be limited or interpreted to the minimum extent necessary to cure its defect.
6. Should a legal dispute arise over this agreement, the services rendered, or monetary payment obligations, both parties agree to first attempt settlement by mediation conducted by mediation rules of the American Arbitration Association. If a mediator cannot be agreed upon, parties agree to use one of the three mediators obtained from the Association of Attorney Mediators.
7. This agreement supersedes all prior written agreements with regard to the same subject.

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