Coating Specifications Document

COATING SPECIFICATIONS DOCUMENT

This Coating Specifications Document (the "Document") is entered into between the parties identified below and is effective as of the date specified in the recitals.

RECITALS

WHEREAS, Client Name: desires to procure surface coating services and materials for the Project described below; and

WHEREAS, Contractor Name: represents that it is experienced, properly licensed, and qualified to supply and apply the coating system in accordance with the specifications set forth herein; and

WHEREAS, the parties intend that this Document define the scope, performance criteria, quality assurance, payment terms and other contractual obligations governing the coating work for the Project identified below.

PROJECT IDENTIFICATION

SCOPE OF WORK

The Contractor shall provide all labor, materials, equipment, supervision and testing necessary to complete the coating work described below in accordance with the performance criteria, inspection, and acceptance requirements specified in this Document.

COATING SYSTEM SPECIFICATION

Primer required: Yes No

Minimum DFT:    Typical DFT:    Maximum DFT:

INSPECTION, TESTING & ACCEPTANCE

SAFETY AND ENVIRONMENTAL

WARRANTY & REMEDIES

The Contractor warrants that materials supplied will be of merchantable quality and that workmanship shall conform to industry standards and the requirements of this Document for a period of from final acceptance. Remedies for breach shall include repair or replacement at Contractor's expense where defects are attributable to Contractor workmanship or materials, provided Client gives Contractor written notice and reasonable opportunity to cure.

CHANGE ORDERS

PAYMENT TERMS

Total Contract Price: $

Late Payment Fee: of overdue balance per month. Acceptance of late payments does not constitute a waiver of any other rights or remedies.

Invoices shall be submitted to Client in writing and payment shall be due within days of receipt unless otherwise expressly agreed in writing.

TERM AND TERMINATION

Term Commencement Date: . Term Expiration Date: .

Either party may terminate this Document for convenience upon days' prior written notice. Either party may terminate for material breach if the breaching party fails to cure the breach within a commercially reasonable period, not to exceed days after receipt of written notice specifying the breach. Termination shall be without prejudice to rights and remedies accrued prior to termination.

CONFIDENTIALITY

"Confidential Information" means technical, commercial and other non-public information disclosed by one party to the other in connection with this Document. Each receiving party shall (a) hold Confidential Information in confidence using at least the same degree of care it uses to protect its own confidential information, (b) not use Confidential Information except to perform obligations under this Document, and (c) not disclose Confidential Information to third parties except to those employees, subcontractors or consultants who have a need to know and who are bound to confidentiality obligations no less protective than those herein. The foregoing shall not apply to information that is already known, becomes publicly available through no breach, is rightfully received from a third party, or is independently developed. Upon termination or upon written request, the receiving party shall return or destroy Confidential Information and certify such return or destruction in writing.

GOVERNING LAW

This Document shall be governed by and construed in accordance with the laws of the State of without regard to principles of conflicts of laws.

ENTIRE AGREEMENT

This Document, together with any attachments, schedules and executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and understandings, whether written or oral. Any amendment or modification to this Document must be in writing and signed by authorized representatives of both parties.

NOTICES

ADMINISTRATIVE PROVISIONS

Subcontracting: Contractor may not subcontract material portions of the Work without Client's prior written consent. Contractor remains fully responsible for performance of any subcontractor.

Insurance: Contractor shall maintain insurance customary for coating contractors performing similar work and shall provide certificates upon request.

Compliance: Contractor shall comply with applicable laws, codes and regulations in the performance of the Work.

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