DKI CodeRed Agreement for Commerical Clients

This AGREEMENT represents an alliance between DKI Services Corporation, dba: DKI Loss Services (“DKI”), located at 1555 Mittel Blvd, Suite S, Wood Dale, IL 60191, and the Customer, as listed below, for the purpose of standardizing various emergency property damage mitigation and restoration services provided by DKI, and outlining terms under which these services will be rendered.

Terms as set forth under this agreement include the following:

• This agreement is non-binding on the Customer unless and until the Customer requests Emergency or Restoration Services from DKI, where Services means the facilitating of mitigation or reconstruction work on a damaged property by a pre-screened, qualified contractor (“DKI Contractor”).  Prior to such a request, this Agreement is an offer by DKI to provide Emergency or Restoration Services to the Customer as set forth herein.
• DKI will provide the Customer with a telephone number that will act as direct access to Emergency Services from DKI on a 24-hour per day, 7-day per week basis.
• Upon receipt of a request for Emergency Services from the Customer, DKI will dispatch a DKI Contractor to the job site in a timely manner to assess the damage and determine the extent of Emergency services needed.
• Emergency services will include those activities and materials that the DKI Contractor determines to be necessary and appropriate to stabilize the environment and to prevent further damage to the property of the Customer or the property for which the Customer is responsible.

This Agreement will be activated by communication from the Customer requesting that DKI provide Services, and further requests the DKI Contractor to provide the materials and labor necessary, useful and appropriate to deal with a specific Emergency or Restoration event.  Such communication from the Customer hereby provides full consent and authority to DKI to facilitate the Services referenced herein.

The Customer will compensate the DKI Contractor, or cause the Customer’s insurance carrier to do so, for travel, administrative and other expenses reasonably incurred on behalf of the Customer based on fees regularly charged by the DKI Contractor to its customers for similar services and for costs incurred by DKI Contractor for labor, materials and out of pocket expenses.  DKI will review all charges submitted by the DKI Contractor to ensure that said charges are fair and reasonable.  Customer will make regular, timely payments to DKI as appropriate documentation is submitted for payment processing, and DKI will in turn facilitate individual payments to the respective DKI Contractors.

It is further understood by both parties that:

• The term of this Agreement shall be for One (1) Year and will automatically be renewed unless the canceling party provides written notice to the other party at least (30) days prior to the expiration of the term.
• All terms, conditions, and individual pricing information will be pursuant to the terms and conditions contained herein.
• DKI will be given preferred status as an approved provider of emergency property damage mitigation and restoration services.

This Agreement together with the documents incorporated herein by reference and the exhibits hereto expresses the entire understanding of the parties hereto and may not be modified, altered or amended except by written change order.

Last updated on Tuesday, March 11, 2008