Business Services Stone Contract

BUSINESS SERVICES STONE CONTRACT

This Business Services Stone Contract ("Agreement") is entered into as of by and between:

RECITALS

WHEREAS, Client requires specialized stone-related business services including supply, fabrication, installation, maintenance, or restoration of stone materials ("Services"); and

WHEREAS, Contractor represents that it possesses the experience, personnel, and equipment necessary to perform the Services described in this Agreement on the terms set forth below; and

WHEREAS, the parties desire to set forth their entire agreement with respect to the Services and related obligations.

SCOPE OF WORK

Contractor shall provide the Services and deliverables described below. Contractor will perform the Services in a professional manner consistent with industry standards and in compliance with applicable laws and codes.

PAYMENT TERMS

The total contract price for performance of all Services and delivery of all deliverables shall be $.

All invoices are due within days of receipt. Late payments shall incur interest at a rate of on the outstanding balance, or the maximum rate permitted by law, whichever is less.

TERM AND TERMINATION

This Agreement shall commence on the Effective Date specified above and continue until completion of the Services or until terminated as provided herein. The term shall in no event exceed the period ending

Either party may terminate this Agreement for convenience upon providing days' prior written notice. Either party may terminate for material breach if the breaching party fails to cure the breach within days after receipt of written notice specifying the breach.

CONFIDENTIALITY

"Confidential Information" means nonpublic, proprietary or business information disclosed by one party to the other, whether oral, written or electronic, that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information excludes information that (i) is or becomes generally available to the public other than through a breach of this Agreement; (ii) was known to the receiving party prior to disclosure; (iii) is rightfully received from a third party without restriction; or (iv) is independently developed without use of the disclosing party's Confidential Information.

Each party agrees to (a) hold the other party's Confidential Information in strict confidence; (b) use Confidential Information only to perform its obligations under this Agreement; and (c) restrict access to Confidential Information to employees or contractors with a need to know who are bound by confidentiality obligations no less protective than those herein. Disclosure required by law shall be permitted only after the receiving party provides prompt written notice to the disclosing party and uses reasonable efforts to obtain confidential treatment or a protective order.

INSURANCE, WARRANTIES & INDEMNITY

Contractor warrants that Services will be performed in a workmanlike manner and in accordance with industry standards. Contractor shall maintain commercial general liability insurance and workers' compensation in amounts customary for the nature of the Services and shall provide proof of such insurance upon reasonable request.

Contractor shall indemnify, defend and hold Client harmless from and against claims, liabilities, damages and expenses (including reasonable attorneys' fees) arising from Contractor's negligent acts, omissions or willful misconduct in the performance of Services, except to the extent caused by Client's negligence or willful misconduct.

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GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. The parties will attempt to resolve disputes promptly by negotiation between executive representatives with authority to settle. If negotiation fails, the parties may pursue any remedy available at law or equity.

ENTIRE AGREEMENT; AMENDMENT

This Agreement, together with any exhibits, attachments, statements of work and written change orders signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, oral or written. No amendment or modification of this Agreement will be effective unless in writing and signed by duly authorized representatives of both parties.

CHANGE ORDERS

Any change to the Scope of Work, price, or schedule must be documented in a written change order signed by both parties. Change orders shall specify the change, any adjustment to the Contract Amount, and any change to the completion dates.

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