Common use of SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS Clause in Contracts

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. SCHEDULE 2.11 sets forth a list of (i) all customers representing 1% or more of the Company's revenues in its last full fiscal year ("Significant Customers"), and (ii) all material contracts, commitments and similar agreements to which the Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with Significant Customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land). True, complete and correct copies of such agreements have been delivered to LandCARE. Except as described on SCHEDULE 2.11, (i) none of the Significant Customers have canceled or substantially reduced or, to the knowledge of the Company, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company, and (ii) the Company has complied with all commitments and obligations pertaining to it, and is not in default under any contracts or agreements listed on SCHEDULE 2.11 and no notice of default under any such contract or agreement has been received. Except as described on SCHEDULE 2.11, the transactions contemplated by this Agreement will not result in a default under or a breach or violation of, or adversely affect the rights and benefits afforded to the Company by, any such contracts or agreements. SCHEDULE 2.11 also includes a summary description of all plans or projects relating to the Company's business involving the opening of new operations, expansion of existing operations, the acquisition of any property, business or assets requiring, in any event, the payment of more than $50,000 in the aggregate.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. SCHEDULE Schedule 2.11 sets forth a list of (i) all (but not more than 25) customers representing 1% or more of the Company's revenues in its last full fiscal year ("Significant Customers"), and (ii) all material contracts, commitments and similar agreements to which the Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with Significant Customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land). True, complete and correct copies of such agreements have been delivered to LandCARELandCare. Except as described on SCHEDULE Schedule 2.11, (i) none of the Significant Customers have canceled or substantially reduced or, to the knowledge of the Company, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company, and (ii) the Company has complied with all commitments and obligations pertaining to it, and is not in default under any contracts or agreements listed on SCHEDULE Schedule 2.11 and no notice of default under any such contract or agreement has been received. Except as described on SCHEDULE 2.11, the The transactions contemplated by this Agreement will not result in a default under or a breach or violation of, or adversely affect the rights and benefits afforded to the Company by, any such contracts or agreements. SCHEDULE Schedule 2.11 also includes a summary description of all plans or projects relating to the Company's business involving the opening of new operations, expansion of existing operations, the acquisition of any property, business or assets requiring, in any event, the payment of more than $50,000 in the aggregate.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. SCHEDULE 2.11 sets forth a list of (i) all customers representing 1% or more of the Company's revenues in its last full fiscal year ("Significant Customers"), and (ii) all material contracts, commitments and similar agreements to which the Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with Significant Customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land). True, complete and correct copies of such agreements have been delivered to LandCARE. Except as described on SCHEDULE 2.11, (i) none of the Significant Customers have canceled or substantially reduced or, to the knowledge of the Company, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company, and (ii) the Company has complied with all commitments and obligations pertaining to it, and is not in default under any contracts or agreements listed on SCHEDULE 2.11 and no notice of default under any such contract or agreement has been received. Except as described on SCHEDULE 2.11, the The transactions contemplated by this Agreement will not result in a default under or a breach or violation of, or adversely affect the rights and benefits afforded to the Company by, any such contracts or agreements. SCHEDULE 2.11 also includes a summary description of all plans or projects relating to the Company's business involving the opening of new operations, expansion of existing operations, the acquisition of any property, business or assets requiring, in any event, the payment of more than $50,000 in the aggregate.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. SCHEDULE 2.11 sets forth a list of (i) all customers representing 1% or more of the Company's revenues in its last full fiscal year ("Significant Customers"), and (ii) all material contracts, commitments and similar agreements to which the Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with Significant Customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land). True, complete and correct copies of such agreements have been delivered to LandCARE. Except as described on SCHEDULE 2.11, (i) none of the Significant Customers have canceled or substantially reduced or, to the knowledge of the Company, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company, other than as specified in such agreement or contract and (ii) the Company has complied with all commitments and obligations pertaining to it, and is not in default under any contracts or agreements listed on SCHEDULE 2.11 and no notice of default under any such contract or agreement has been received. Except as described on SCHEDULE 2.11, the The transactions contemplated by this Agreement will not result in a default under or a breach or violation of, or adversely affect the rights and benefits afforded to the Company by, any such contracts or agreements. SCHEDULE 2.11 also includes a summary description of all plans or projects relating to the Company's business involving the opening of new operations, expansion of existing operations, the acquisition of any property, business or assets requiring, in any event, the payment of more than $50,000 in the aggregate.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. SCHEDULE 2.11 sets forth a list of (i) all customers representing 15% or more of the Company's revenues in its last full fiscal year ("Significant Customers"), and (ii) all material contracts, commitments and similar agreements to which the Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with Significant Customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land). True, complete and correct copies of such agreements have been delivered to LandCARE. Except as described on SCHEDULE 2.11, (i) none of the Significant Customers have canceled or substantially reduced or, to the knowledge of the Company, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company, and (ii) the Company has complied with all commitments and obligations pertaining to it, and is not in default under any contracts or agreements listed on SCHEDULE 2.11 and no notice of default under any such contract or agreement has been received. Except as described on SCHEDULE 2.11, the The transactions contemplated by this Agreement will not result in a default under or a breach or violation of, or adversely affect the rights and benefits afforded to the Company by, any such contracts or agreements. SCHEDULE 2.11 also includes a summary description of all plans or projects relating to the Company's business involving the opening of new operations, expansion of existing operations, the acquisition of any property, business or assets requiring, in any event, the payment of more than $50,000 in the aggregate.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. SCHEDULE 2.11 sets forth a list of (i) all customers representing 1% or more of the Company's revenues in its last full fiscal year ("Significant Customers"), and (ii) all material contracts, commitments and similar agreements to which the Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with Significant Customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land). True, complete and correct copies of such agreements have been delivered made available to LandCARE. Except as described on SCHEDULE 2.11, (i) none of the Significant Customers have canceled or substantially reduced or, to the knowledge of the Company, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company, and (ii) the Company has complied with all commitments and obligations pertaining to it, and is not in material default under any contracts or agreements listed on SCHEDULE 2.11 and no notice of default under any such contract or agreement has been received. Except as described on SCHEDULE 2.11, the The transactions contemplated by this Agreement will not result in a default under or a breach or violation of, or adversely affect the rights and benefits afforded to the Company by, any such contracts or agreements. SCHEDULE 2.11 also includes a summary description of all plans or projects relating to the Company's business involving the opening of new operations, expansion of existing operations, the acquisition of any property, business or assets requiring, in any event, the payment of more than $50,000 in the aggregate.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. SCHEDULE Schedule 2.11 sets forth a list of (i) all customers representing 12% or more of the Company's revenues in its last full either fiscal year ("Significant Customers")1996 or fiscal 1997, and (ii) all material contracts, commitments and similar agreements to which the Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with Significant Customerssignificant customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land). True, complete and correct copies of such agreements have been delivered provided to LandCAREMetals. Except as described on SCHEDULE 2.11, (i) none None of the Significant Customers Company's significant customers (including those identified on Schedule 2.11) have canceled or substantially reduced or, to the knowledge of the Company, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company, and (ii) the . The Company has complied with all material commitments and obligations pertaining to it, and is not in default under any contracts or agreements listed on SCHEDULE Schedule 2.11 and no notice of default under any such contract or agreement has been received. Except as described on SCHEDULE 2.11, the The transactions contemplated by this Agreement will not result in a default under or a breach or violation of, or adversely affect the rights and benefits afforded to the Company by, any such contracts or agreements, and all of the rights and benefits under all such contracts and agreements will be rights and benefits of the Surviving Corporation upon consummation of the Merger. SCHEDULE 2.11 also includes a summary description of all The Company has no plans or projects relating to the Company's business involving the opening of new operations, expansion of existing operations, the acquisition of any property, business or assets requiring, in any event, the payment of more than $50,000 in the aggregate50,000.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. SCHEDULE 2.11 sets forth a list of (i) all customers representing 1% or more of the Company's revenues in its last full fiscal year ("Significant Customers"), and (ii) all material contracts, commitments and similar agreements to which the Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with Significant Customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land). True, complete and correct copies of such agreements have been delivered to LandCARE. Except as described on SCHEDULE 2.11, (i) none of the Significant Customers have canceled or substantially reduced or, to the knowledge of the Company, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company, and (ii) the Company has complied in all material respects with all commitments and obligations pertaining to it, and is not in default under any contracts or agreements listed on SCHEDULE 2.11 and no notice of default under any such contract or agreement has been received. Except as described on SCHEDULE 2.11, the transactions contemplated by this Agreement will not result in a default under or a breach or violation of, or adversely affect the rights and benefits afforded to the Company by, any such contracts or agreements. SCHEDULE 2.11 also includes a summary description of all plans or projects relating to the Company's business involving the opening of new operations, expansion of existing operations, the acquisition of any property, business or assets requiring, in any event, the payment of more than $50,000 in the aggregate.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. SCHEDULE 2.11 sets forth a list of (i) all customers representing 1% or more of the Company's revenues in its last full fiscal year ("Significant Customers"), and (ii) all material contracts, commitments and similar agreements to which the Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with Significant Customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land). True, complete and correct copies of such agreements have been delivered to LandCARE. Except as described on SCHEDULE 2.11, (i) none of the Significant Customers have canceled or substantially reduced or, to the actual knowledge of the CompanyCompany upon due inquiry, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company, and (ii) the Company has complied in all material respects with all commitments and obligations pertaining to it, and is not in default under any contracts or agreements listed on SCHEDULE 2.11 and no notice of default under any such contract or agreement has been received. Except as described on SCHEDULE 2.11, the The transactions contemplated by this Agreement will not result in a default under or a breach or violation of, or materially adversely affect the rights and benefits afforded to the Company by, any such contracts or agreements. SCHEDULE 2.11 also includes a summary description of all plans or projects relating to the Company's business involving the opening of new operations, expansion of existing operations, the acquisition of any property, business or assets requiring, in any event, the payment of more than $50,000 in the aggregate.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. SCHEDULE Schedule 2.11 sets forth a list of (i) all customers representing 1% or more of the Company's revenues in its last full fiscal year any of the periods covered by the Financial Statements ("Significant Customers"), and (ii) all material contracts, commitments and similar agreements to which the Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with Significant Customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land). True, complete and correct copies of such agreements have been delivered are attached to LandCARESchedule 2.11. Except as described on SCHEDULE Schedule 2.11, (i) none of the Company's Significant Customers have canceled or substantially reduced or, to the knowledge of the Company, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company, and (ii) the Company has complied with all material commitments and obligations pertaining to it, and is not in default under any contracts or agreements listed on SCHEDULE Schedule 2.11 and no notice of default under any such contract or agreement has been received. Except as described specifically set forth on SCHEDULE Schedule 2.11, the transactions contemplated by this Agreement will not result in a default under or a breach or violation of, or adversely affect the rights and benefits afforded to the Company by, any such contracts or agreements. SCHEDULE Schedule 2.11 also includes a summary description of all plans or projects relating to the Company's business involving the opening of new operations, expansion of existing operations, the acquisition of any property, business or assets requiring, in any event, the payment of more than $50,000 in the aggregate10,000.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. SCHEDULE 2.11 sets forth a list of (i) all customers representing 1% or more of the Company's revenues in its last full fiscal year ("Significant Customers"), and (ii) all material contracts, commitments and similar agreements to which the Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with Significant Customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land). True, complete and correct copies of such agreements have been delivered to LandCARE. Except as described on SCHEDULE 2.11, (i) none of the Significant Customers have canceled or substantially reduced or, to the knowledge of the Company, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company, and (ii) the Company has complied in all material respects with all commitments and obligations pertaining to it, and is not in material default under any contracts or agreements listed on SCHEDULE 2.11 and no notice of default under any such contract or agreement has been received. Except as described on SCHEDULE 2.11, the The transactions contemplated by this Agreement will not result in a default under or a breach or violation of, or adversely affect the rights and benefits afforded to the Company by, any such contracts or agreements. SCHEDULE 2.11 also includes a summary description of all plans or projects relating to the Company's business involving the opening of new operations, expansion of existing operations, the acquisition of any property, business or assets requiring, in any event, the payment of more than $50,000 in the aggregate.