Bird Spikes Installation Document

BIRD SPIKES INSTALLATION AGREEMENT

Parties and Project Identification

Recitals

WHEREAS, Client desires installation of bird exclusion devices commonly known as bird spikes to deter avian congregation, nesting and fouling on identified building elements at the Installation Address; and

WHEREAS, Contractor represents that it is qualified and experienced in the supply and professional installation of bird spikes and associated attachment systems and agrees to perform such installation in accordance with the terms and conditions of this Agreement; and

WHEREAS, the parties wish to set forth the scope, payment, schedule and other contractual obligations governing the installation work.

Scope of Work

Contractor shall furnish labor, materials, equipment and supervision necessary to complete the installation described below. Specifics and exclusions must be documented in the Scope of Work field.

Payment Terms

Client shall pay Contractor for the work performed according to the amounts and schedule specified below. Unless otherwise stated, amounts are in U.S. dollars and exclude applicable taxes.

Invoices shall be due within days of invoice date. Late payments shall incur interest or a late fee as set forth below.

Term and Termination

This Agreement commences on the Start Date below and continues until completion of the Scope of Work and final payment, unless earlier terminated under this Section.

Commencement Date:   Expected Completion Date:

Either party may terminate for material breach if the breaching party fails to cure within days after written notice. Contractor may suspend work for nonpayment after providing days' notice.

Site Access, Permits and Conditions

Client shall, at its expense, secure access to the work areas and any permits, approvals or permissions required for installation, unless otherwise agreed in writing. Client represents that the roof, ledge or other attachment surfaces are structurally sound for the installation to be performed.

Client acknowledges that concealed conditions (including but not limited to previously unknown wiring, fragile copings, or hazardous deposits) discovered during installation may require change orders. Contractor will notify Client and obtain written authorization for any additional scope or cost.

Client grants access to the Installation Address for the purposes of installation and inspection.

Client confirms authorization from property owner or managing agent to perform the work.

Warranty and Inspection

Contractor warrants that materials supplied and installation workmanship shall be free from defects for a period of months from final completion. This warranty excludes damage caused by subsequent alteration, improper maintenance, acts of God, or bird species that overcome the design.

Confidentiality

Each party agrees that Confidential Information disclosed by the other party in connection with this Agreement will be used solely for performance of this Agreement and will not be disclosed to third parties without prior written consent, except as required by law. Confidential Information does not include information that is publicly available or independently developed without use of the disclosing party’s materials.

Indemnification and Liability

Contractor shall indemnify and hold Client harmless from claims arising out of Contractor’s negligent performance of the installation. Client shall indemnify and hold Contractor harmless for claims arising from Client’s failure to disclose known hazards or obtain required permissions. Except for willful misconduct or gross negligence, neither party’s liability shall exceed the total Contract Amount.

Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the state of without regard to conflicts of law principles. The parties shall first attempt to resolve disputes through good faith negotiation prior to any litigation.

Entire Agreement

This Agreement, including attachments, scopes, change orders and accepted proposals, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior or contemporaneous agreements, representations or understandings, whether written or oral. Modifications must be in writing and signed by both parties.

Acknowledgment

By signing below, Client and Contractor acknowledge that they have read, understood and agree to be bound by the terms of this Agreement and that the individuals signing have authority to bind their respective parties.

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