Access Door Agreement

ACCESS DOOR AGREEMENT

Parties

Recitals

WHEREAS, Client desires the supply, installation, testing and limited maintenance of access door(s), door frames, hardware and related access-control components at the premises located at (the Premises); and

WHEREAS, Contractor represents that it is duly qualified, experienced, licensed and insured to perform the work described in this Agreement and agrees to perform such work in accordance with the terms and conditions set forth herein; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to supply, installation, and limited maintenance of the Access Door system.

Scope of Work

Contractor shall furnish all labor, materials, equipment, permits and supervision necessary to perform the work described below (the Work). The Work shall be performed at the Premises in a good and workmanlike manner in accordance with industry standards and any specifications accepted by the parties.

Contractor shall provide as part of the Work: supply of access door units, frame modification as required, installation of mechanical/locking hardware, wiring for electrified components where applicable, functional testing, and orientation for Client personnel. Any Work outside the written Scope shall require a written Change Order signed by both parties.

Payment Terms

Total Contract Price: $

Deposit: $   Balance Due on Completion or by .

Late Payment: Any undisputed amount not paid within days of invoice shall incur interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, in addition to Contractor's costs of collection, including reasonable attorneys' fees.

Term and Termination

This Agreement is effective as of the Effective Date: and shall continue until completion of the Work or until , unless earlier terminated as provided herein.

Either party may terminate this Agreement for cause if the other party materially breaches this Agreement and fails to cure such breach within days after receiving written notice of the breach. Either party may also terminate without cause upon written notice delivered not less than days prior to the effective date of termination; Client shall pay Contractor for Work performed and materials procured to the effective date of termination plus reasonable demobilization costs.

Confidentiality

Each party (Recipient) shall hold in strict confidence and shall not disclose to any third party any technical, business or financial information of the other party (Discloser) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Recipient shall use Confidential Information only for performance under this Agreement and shall take reasonable measures to protect such information no less than those used to protect Recipient's own confidential information of a similar nature.

Confidential Information does not include information that: (a) is or becomes generally known to the public other than by breach of this Agreement; (b) was known to Recipient prior to disclosure by Discloser without restriction; (c) is rightfully received from a third party without restriction; or (d) is independently developed by Recipient without use of Discloser's Confidential Information. The obligations set forth in this section shall survive termination of this Agreement for a period of three (3) years.

Insurance, Warranties and Indemnity

Contractor shall maintain, at its expense, commercial general liability insurance, workers' compensation and any professional or trade coverage necessary for the Work. Contractor warrants that materials supplied will be of good quality and free from defects for a period of one (1) year from the date of substantial completion, except for defects arising from ordinary wear and tear or Client misuse. Contractor's sole obligation for breach of this warranty shall be a repair or replacement of defective items at Contractor's option.

Each party agrees to indemnify, defend and hold harmless the other party from and against any third-party claims, liabilities, damages and expenses arising from the indemnifying party's negligence or willful misconduct in connection with performance of the Work.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. The parties consent to the exclusive jurisdiction of the courts located in that State for resolution of disputes arising under this Agreement.

Entire Agreement; Amendment

This Agreement, including any exhibits or Change Orders signed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations and understandings, whether oral or written. No amendment or modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other party, except that Contractor may assign receivables to a financing institution without consent. Notices required under this Agreement shall be in writing and delivered to the addresses provided above.

Acknowledgement

The individuals signing below represent and warrant that they are authorized to execute this Agreement on behalf of the respective parties and to bind those parties to the terms and conditions set forth herein.

Sign Now