Empire State Environmental Company

We appreciate the comments and summary made by *** ***As we would like to come to a mutually satisfying resolution, please note the following factsOn 4/*/*** ***
signed a contract with Empire for years' service at $1,per month not including sales tax*** *** *** signed the agreement as authorized agent of *** ***At that time and until September 2014, he held that ***'s was not under contract with any other carting companyOn 4/*/and as per our records, Empire notified ***'s previous carting company (***) that ***'s was now using a different carting serviceThis is a notice for termination of service, not a termination of contractEmpire is not able to cancel a contract on behalf of a customer, therefore handling the transition simply means that the old carting company is notified that the client has signed a contract with Empire and will now be using them for carting servicesAgain, at the time of start of service *** *** represented themselves as not being under contract with *** or any other carting companyIn response to the termination of service, *** notified Empire that ***'s had signed a contract with them***'s continued to hold that they had no contract with ***In September 2014, after providing proof of breach of contract on the part of ***'s, *** also sought remedies against Empire*** agreed to accept a settlement of $2,from EmpireRegarding the increase in price, the carting contract stipulates the flat fee may be renegotiated if there is a substantial volume or weight changeAccordingly, after six month's of service and reviewing the amount of refuse ***'s would regularly dump, on 11/*/we increased ***'s price to $1,per month not including sales taxIn view of the facts mentioned above and the complaint submitted by ***'s, Empire recognizes the right *** *** and Empire both have to renegotiate the flat feeEmpire will agree to accept $1,600, half of what ***'s currently owes due to the rate increase based on weight of refuse since November Furthermore, Empire will agree to continue servicing ***, under a new service agreement for months, based on the current increased weight of refuse generated by *** ***

We appreciate the comments and summary made by [redacted]. As we would like to come to a mutually satisfying resolution, please note the following facts. On 4/*/14 [redacted] signed a contract with Empire for 2 years' service at $1,100 per month not including sales tax. [redacted]...

signed the agreement as authorized agent of [redacted]. At that time and until September 2014, he held that [redacted]'s was not under contract with any other carting company. On 4/*/14 and as per our records, Empire notified [redacted]'s previous carting company ([redacted]) that [redacted]'s was now using a different carting service. This is a notice for termination of service, not a termination of contract. Empire is not able to cancel a contract on behalf of a customer, therefore handling the transition simply means that the old carting company is notified that the client has signed a contract with Empire and will now be using them for carting services. Again, at the time of start of service [redacted] represented themselves as not being under contract with [redacted] or any other carting company. In response to the termination of service, [redacted] notified Empire that [redacted]'s had signed a contract with them. [redacted]'s continued to hold that they had no contract with [redacted]. In September 2014, after providing proof of breach of contract on the part of [redacted]'s, [redacted] also sought remedies against Empire. [redacted] agreed to accept a settlement of $2,000 from Empire. Regarding the increase in price, the carting contract stipulates the flat fee may be renegotiated if there is a substantial volume or weight change. Accordingly, after six month's of service and reviewing the amount of refuse [redacted]'s would regularly dump, on 11/*/14 we increased [redacted]'s price to $1,300 per month not including sales tax. In view of the facts mentioned above and the complaint submitted by [redacted]'s, Empire recognizes the right [redacted] and Empire both have to renegotiate the flat fee. Empire will agree to accept $1,600, half of what [redacted]'s currently owes due to the rate increase based on weight of refuse since November 2014. Furthermore, Empire will agree to continue servicing [redacted], under a new service agreement for 24 months, based on the current increased weight of refuse generated by [redacted].