Business Back Slope Contract

Business Back Slope Contract

Parties and Effective Date

This Business Back Slope Contract ("Contract") is made and entered into as of by and between:

Recitals

WHEREAS, Client owns or controls the real property located at (the "Property") and requires slope remediation and stabilization work on the back slope adjacent to the business premises; and

WHEREAS, Contractor represents that it is experienced, licensed, and equipped to perform grading, erosion control, retaining structures, drainage improvements, and related work necessary to complete the back slope stabilization described herein; and

WHEREAS, Client and Contractor desire to set forth the terms, scope, schedule, compensation, and other obligations with respect to the performance of the work.

Scope of Work

Contractor shall furnish all labor, materials, equipment, supervision, permits, and incidentals necessary to perform the back slope remediation, which shall include but not be limited to grading, installation of erosion control measures, construction of retaining walls or terraces as required, installation or repair of drainage systems, slope revegetation or other surface stabilization, and final cleanup (collectively, the "Work"). Work shall be performed in accordance with any drawings and specifications attached hereto or incorporated by reference below.

Payment Terms

Client shall pay Contractor a total contract price of $ (the "Contract Price") for full performance of the Work, subject to adjustments for approved change orders as set forth below.

Late payments not disputed in good faith shall accrue interest at a rate of on unpaid balances, beginning thirty (30) days after invoicing. Client shall be responsible for reasonable collection costs, including attorney's fees, for amounts not paid when due.

Term and Termination

The Term of this Contract shall commence on and shall continue until the Work is completed and final payment is received, but no later than , unless earlier terminated in accordance with this section.

Either party may terminate this Contract for material breach by the other party if the breaching party fails to cure such breach within days after written notice. Upon termination for cause by Client, Contractor shall be paid for Work properly performed to the date of termination, less any damages or costs incurred by Client as a result of Contractor's breach.

Change Orders

Any changes to the Scope of Work, Contract Price, or Schedule shall be made only by a written change order signed by both parties. Change orders shall set forth the scope of the change, the adjustment to contract price, and any extension of time. Contractor shall not be required to perform changed Work until a change order is executed.

Insurance, Indemnity and Compliance

Contractor shall maintain commercial general liability insurance, automobile liability insurance, and workers' compensation as required by law, and shall provide certificates of insurance upon request. Minimum commercial general liability limits shall be $ per occurrence.

Contractor shall indemnify, defend and hold harmless Client and its officers, employees and agents from and against all claims, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of Contractor's negligence or willful misconduct in the performance of the Work, except to the extent caused by Client's negligence or breach of this Contract.

Confidentiality

Each party shall hold in confidence and shall not disclose to any third party any non-public information, reports, drawings, cost schedules, or other materials marked or reasonably understood to be confidential and obtained from the other party in connection with this Contract. Confidential information shall not include information that is or becomes publicly available through no fault of the receiving party, or is required to be disclosed by law, provided the disclosing party is given prompt notice and an opportunity to seek protective relief.

Warranties and Remedies

Contractor warrants that materials and workmanship furnished under this Contract will be free from defects for a period of months from the date of substantial completion. Contractor's sole obligation under this warranty shall be, at Contractor's option, repair or replacement of defective items. This warranty does not cover defects caused by neglect, misuse, acts of third parties, or normal wear and tear.

Governing Law; Dispute Resolution

This Contract 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 agree to attempt in good faith to resolve disputes by negotiation and, if unsuccessful, by mediation prior to initiating litigation. Each party shall bear its own costs of mediation. If mediation fails, either party may pursue any legal or equitable remedies available.

Entire Agreement and Miscellaneous

This Contract, together with all executed change orders, attachments, drawings and specifications, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings. No waiver, modification or amendment of any provision of this Contract shall be effective unless in writing and signed by both parties.

If any provision of this Contract is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Headings in this Contract are for convenience only and shall not affect interpretation.

Representations and Certifications

Contractor certifies that it has all requisite licenses, permits and approvals required to perform the Work and will comply with all applicable laws, codes and regulations. Contractor license or registration number:

Client acknowledges that schedule estimates are dependent on weather, site conditions, and permit processing and that Contractor shall not be liable for delays caused by conditions beyond its reasonable control.

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