Building Construction Window Specs

BUILDING CONSTRUCTION WINDOW SPECS AND WORK AGREEMENT

This Agreement is entered into between Client Name: and Contractor Name: (each a "Party" and collectively the "Parties").

RECITALS

WHEREAS, Client owns or controls the building located at Project Address: and requires supply and installation of windows in accordance with the specifications set forth herein; and

WHEREAS, Contractor is experienced in manufacturing, supplying and installing fenestration systems and represents that Contractor will perform the work in compliance with applicable building codes, manufacturer requirements and accepted trade practices; and

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows.

SCOPE OF WORK

WINDOW SPECIFICATION SCHEDULE

The schedule below identifies unit-specific performance and installation requirements. Contractor shall supply, deliver and install each unit to meet the listed performance metrics and warranty obligations.

PAYMENT TERMS

Total Contract Value: . Payment shall be made according to the schedule below.

Late Payment: If any undisputed invoice remains unpaid beyond days after the due date, interest shall accrue at per month, or the maximum lawful rate if less. Client shall also be responsible for reasonable collection costs.

TERM AND TERMINATION

Commencement Date: . Anticipated Completion Date: .

Either Party may terminate this Agreement for material breach if the breaching Party fails to cure within days after written notice. In addition, Client may terminate for convenience upon days' prior written notice, subject to payment for work performed and reasonable demobilization costs.

CONFIDENTIALITY

Each Party shall keep confidential all proprietary information disclosed by the other Party in connection with this Agreement and shall not disclose such information to third parties except to the extent necessary to perform the Work or as required by law. The confidentiality obligations shall survive termination for years.

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.

INSPECTION, TESTING AND ACCEPTANCE

Contractor shall provide access for inspection and testing of materials and installation. Any deficiencies noticed during final inspection shall be remedied by Contractor at Contractor's expense within a commercially reasonable period. Acceptance shall be documented in a written final acceptance certificate signed by Client.

ENTIRE AGREEMENT

This Agreement, including the attached window specification schedule and any written change orders duly executed by the Parties, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral.

MISCELLANEOUS PROVISIONS

Assignment: Neither Party may assign its rights under this Agreement without the prior written consent of the other Party, except Contractor may assign to an affiliated entity or to a successor in interest to substantially all of its business.

Indemnity: Contractor shall indemnify and hold harmless Client from and against claims, liabilities and costs arising out of Contractor's negligence in performance of the Work, subject to any limitations of liability expressly set forth in a written amendment.

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