Business Services Crane

BUSINESS SERVICES CRANE AGREEMENT

This Business Services Crane Agreement (the Agreement) is made and entered into as of by and between Client Name: and Contractor Name: .

WHEREAS

WHEREAS, Client requires crane equipment and skilled crane services for lifting, placement and related rigging work at the project location described below; and

WHEREAS, Contractor operates Business Services Crane and represents that Contractor possesses the personnel, equipment, licenses, and insurance necessary to perform crane and rigging services in a safe and workmanlike manner; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will provide such crane services to Client.

1. SCOPE OF WORK

Contractor shall furnish all labor, supervision, equipment, tools, and materials necessary to perform the work described above in a safe and competent manner in accordance with industry standards and applicable laws. Contractor will coordinate lifts with Client and obtain required site access information in advance of mobilization.

2. PAYMENT TERMS

If Client fails to timely pay any undisputed invoice, Client shall pay interest on the overdue amount at a rate of or the maximum rate permitted by law, whichever is less, plus all costs of collection, including reasonable attorneys' fees.

3. TERM AND TERMINATION

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated as provided herein.

Either party may terminate this Agreement for convenience upon written notice delivered at least days prior to termination. Either party may terminate immediately for material breach by the other party if the breaching party fails to cure the breach within days after receipt of written notice specifying the breach.

4. CONFIDENTIALITY

Each party (Receiving Party) shall hold in confidence and not disclose to any third party any non-public information disclosed by the other party (Disclosing Party) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). Confidential Information excludes information that: (a) is or becomes generally available to the public through no act or omission of the Receiving Party; (b) was in the Receiving Party's lawful possession prior to the disclosure and not subject to an obligation of confidentiality; (c) is lawfully disclosed to the Receiving Party by a third party without restriction; or (d) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information.

The Receiving Party may disclose Confidential Information to its employees, contractors and agents who have a need to know and are bound by confidentiality obligations at least as protective as those contained herein. The Receiving Party shall protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

5. INSURANCE; SAFETY; COMPLIANCE

Contractor shall maintain workers' compensation, commercial general liability, automobile liability, and such crane-specific insurance as required to perform the work safely. Contractor shall provide certificates of insurance upon reasonable request. Contractor shall comply with all applicable laws, regulations and industry standards governing crane operation, rigging, and jobsite safety. Client shall promptly notify Contractor of any site conditions that could affect safe performance.

6. INDEMNIFICATION

Contractor shall indemnify, defend and hold harmless Client from and against any third-party claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of Contractor's negligent acts or omissions in performing the Services. Client shall indemnify, defend and hold harmless Contractor from and against any third-party claims, liabilities, damages, losses and expenses to the extent resulting from Client's negligence, breach of this Agreement, or failure to disclose site conditions.

7. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to rules governing choice of law.

8. ENTIRE AGREEMENT

This Agreement, including any schedules and attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals, representations and understandings, whether written or oral. This Agreement may be amended only by a written instrument signed by both parties.

9. NOTICES

Notices under this Agreement must be in writing and delivered by personal delivery, nationally recognized overnight courier, or certified mail, return receipt requested, to the applicable notice address set forth above or such other address as a party may designate by notice to the other.

MISCELLANEOUS

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The parties acknowledge that this Agreement shall not be construed more strictly against one party than the other merely because it was prepared by counsel for one party.

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