Archaeological Research Proposal

ARCHAEOLOGICAL RESEARCH PROPOSAL AND AGREEMENT

Parties

Client Name:

Researcher / Contractor Name:

Recitals

WHEREAS, Client desires to engage Researcher to perform archaeological survey, testing, excavation, analysis and reporting at the location(s) described below in accordance with applicable law, professional standards, and the terms set forth in this Agreement;

WHEREAS, Researcher represents that Researcher and Researcher's personnel possess the requisite training, permits, equipment, and experience to perform the work and will exercise professional care consistent with recognized archaeological practice;

WHEREAS, the Parties wish to set forth the scope, schedule, compensation, confidentiality, data ownership and other terms governing the performance of the work.

Project Identification

Scope of Work

Researcher shall perform the following scope of work. The scope includes fieldwork, laboratory analysis, documentation, artifact curation arrangements, and preparation of required reports described below.

Permits, Access, and Safety

Researcher shall obtain and maintain any required permits and authorizations to perform work. Client shall, where applicable, provide access and permissions and notify Researcher of site-specific hazards.

Payment Terms

Client shall pay Researcher compensation in consideration for completion of the Scope of Work according to the schedule below. All amounts are stated in U.S. dollars unless otherwise specified.

Term and Termination

This Agreement begins on the Effective Date below and continues until completion of the Scope of Work or earlier termination as provided herein. Either Party may terminate for material breach that remains uncured after written notice and the expiration of the notice period set forth below.

Effective Date:

Anticipated Completion Date:

Confidentiality and Data Ownership

Researcher acknowledges that during performance Researcher may receive Confidential Information. Researcher shall not disclose Confidential Information except as required by law, or necessary for performance and with prior written consent. Confidential Information shall not include information that is or becomes public through no breach by Researcher.

Unless otherwise agreed in writing, Client shall own the project data, reports, and non-personal archaeological materials; Researcher retains the right to use anonymized, aggregated data for academic publications after obtaining Client's approval not to be unreasonably withheld.

Insurance, Liability and Compliance

Researcher shall maintain appropriate liability insurance and workers' compensation where applicable. Researcher shall comply with applicable laws, cultural resource statutes, and professional standards. Neither party shall be liable for indirect, special or consequential damages except for willful misconduct or gross negligence.

Reporting, Curation and Records

Researcher will prepare reports in accordance with the Deliverables section and will make arrangements for curation of artifacts with an approved repository at Client's expense unless otherwise agreed. Records, field notes, and digital data shall be preserved and delivered as described in Deliverables.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state selected below without regard to conflict of laws principles. The Parties shall attempt to resolve disputes in good faith; where unresolved, disputes shall be submitted to the courts of the chosen jurisdiction.

Representations and Warranties

Each Party represents that it has authority to enter into this Agreement and to perform its obligations hereunder. Researcher warrants that field and laboratory work will be performed by qualified personnel in accordance with applicable professional standards.

Entire Agreement

This Agreement, including all attachments and referenced project documents executed by the Parties, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and communications. Any modification must be in writing and signed by authorized representatives of both Parties.

Additional Provisions

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