Client Project PCM Form

CLIENT PROJECT PCM FORM

This Client Project PCM Form (the "Agreement") is made and entered into by and between:

Client Name:    Client Contact:

Contractor Name:    Contractor Contact:

WHEREAS

WHEREAS, Client has engaged Contractor to provide project control management services relating to the project identified as Project Name: (the "Project"); and

WHEREAS, Contractor has the experience and personnel necessary to perform project PCM services and will perform such services in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, the parties desire to set forth the scope, compensation, schedule and confidentiality obligations applicable to Contractor's performance.

SCOPE OF WORK

Contractor shall perform project control management services for the Project, including but not limited to schedule development and maintenance, cost control and forecasting, risk register maintenance, progress reporting, change management support, and coordination with Client stakeholders as further described below.

PAYMENT TERMS

Compensation for the services described in this Agreement shall be as follows.

Invoices shall be submitted by Contractor in accordance with the Payment Schedule and are due net days from receipt unless otherwise stated. Late payments shall bear interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs and attorney fees.

TERM AND TERMINATION

This Agreement shall commence on Start Date: and shall continue in full force until End Date: , unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon providing the other party with written notice at least days prior to the effective date of termination. Either party may terminate for cause if the other party materially breaches any obligation under this Agreement and fails to cure such breach within 30 days after receipt of written notice of the breach.

CONFIDENTIALITY

"Confidential Information" means all non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential. Contractor shall maintain Confidential Information in strict confidence, shall use such information solely to perform under this Agreement, and shall not disclose Confidential Information to any third party except to employees or subcontractors on a need-to-know basis who are bound by substantially similar confidentiality obligations.

The obligations set forth in this Section shall not apply to information that (a) is or becomes publicly available through no breach by the receiving party, (b) is rightfully received from a third party without restriction, (c) is independently developed without use of the disclosing party's Confidential Information, or (d) is required to be disclosed by law, provided the receiving party gives prompt notice to allow the disclosing party to seek protective measures.

  By checking this box, the signing party acknowledges and agrees to the Confidentiality obligations contained in this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State or jurisdiction of , without regard to its conflicts of law principles. The parties submit to the exclusive jurisdiction of the courts located in that jurisdiction for resolution of disputes arising under this Agreement.

ENTIRE AGREEMENT

This Agreement, including any schedules, attachments or statements of work expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and understandings, whether written or oral. Any amendment or modification to this Agreement must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS PROVISIONS

Each party represents and warrants that it has full corporate power and authority to enter into this Agreement. Neither party shall assign this Agreement without the prior written consent of the other, except that either party may assign to an affiliate or in connection with a merger or sale of substantially all assets.

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties acknowledge that monetary damages may be inadequate to remedy a breach of confidentiality and that injunctive relief may be sought in addition to other remedies.

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