Fill and Sign the Alteration Agreement for Cooperative Form

Agreement with Plumbing Contractor for Installation and Construction in a Commercial Building Agreement made on the ___ day of __________, 20___, between _____________ of _______________________________________ (street address, city, county, state, zip code) , referred to herein as Owner, and _________________ , Inc., a corporation organized and existing under the laws of the state of _____________, with its principal office located at ____________________________________ (street address, city, county, state, zip code) , referred to herein as Contractor. Owner and Contractor agree as follows: I. Description of Work Contractor will furnish all labor and materials for plumbing work in the building located at _____________________________________ (street address, city, county, state, zip code) , and known as __________________ (name, if any), in accordance with the attached _____________ (i.e., plans or blueprints) and the following specifications: A. Provision and installation of, in the designated places, lavoratories, sinks, toilets, and other restroom fixtures, all of which are more particularly described as follows: ________________________________________________________________________________________________________________ (description). B. Provision and installation of __________________ (describe type) boilers as described: _____________________________________________________________________________________________________________ (description). C. Provision and installation of water heaters as described: ______________ _________________________________________________________________ (description). D. Provision and installation of equipment so that all pipes can be drained. All pipes on outside of building will be laid below level of ground subject to action of frost. E. Provision and installation of waste and vent pipes as described: ________________________________________________________________ ____________________________________________________________ (description). F. Provision and installation of all sewer pipes described as follows: ____________________________________________________ (description). Connections to private sewer or water mains will be made only after permission to make same has been secured by owner. Excavations in rock, not otherwise provided for, will be treated as extra work. G. Contractor will paint boilers and all exposed pipes (not specified as nickel plated) with ____________________ ( describe type) paint. II. Contract Time The work shall be completed within calendar days from ________ (date). III. Contract Price Owner will pay Contractor $____________ for performance of work and completion of project in accordance with the payment schedule set forth in Section IV, subject to adjustment by modifications as provided in the payment schedule. IV. Payment Schedule Owner will make payments on account of the contract price as follows: A. On or about the day of each month during construction, a payment equivalent to ____% of the value of the work completed, and ____________ ______________________________________ (specify other amounts, if any). B. On substantial completion, a sum sufficient to increase the total payments to Contractor to an amount equivalent to ______% of the contract price. C. On final completion of the work and settlement of all claims, the remainder of the contract price. V. Warranty of Fitness of Equipment and Materials Contractor represents and warrants to Owner that all equipment and materials used in the work, and made a part of the structures on the work, or placed permanently in connection with the same, will be new unless otherwise specified, of good quality, free of defects, and in conformity with the contract. It is understood between the parties that all equipment and materials not so in conformity are defective. VI. Title to Materials Title to the material to be furnished by Contractor shall be and remain in Contractor until all sums of money called for are fully paid. In case of default in payment of any of the installments provided for in this contract, Contractor is authorized to enter the premises and take possession of and remove material at any time after the default. VII. Mandatory Arbitration Notwithstanding the foregoing, and anything herein to the contract, any dispute under this agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. X. Miscellaneous Provisions: A. The provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. B. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. C. This Agreement shall be governed under the laws of the State of _____________. E.Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, to other events beyond the control of the other. F.Contractor intends to render its services under this agreement in accordance with generally accepted professional practices for the intended use of the plumbing system and makes no warranty either express or implied. WITNESS our signatures as of the day and date first above stated. ____________________, INC. ________________________ By_____________________________ (Name of Owner) (Name and Office in Corporation)