Comparison of Terracerias

COMPARISON OF TERRACERIAS

Recitals

THIS AGREEMENT is made effective as of (the Effective Date), by and between , a party seeking evaluation services, and , the Consultant retained to prepare a comparative analysis of terracerias (collectively, the Parties).

WHEREAS, Client requires a comparative evaluation of potential terraceria contractors for an earthworks and landscaping project, including cost, schedule, equipment, environmental compliance, and references; and

WHEREAS, Consultant represents that Consultant has the professional qualifications, experience, and resources necessary to conduct an independent, documented comparison of candidate terracerias and to deliver a written report and recommendations; and

WHEREAS, the Parties desire to set forth the terms under which Consultant will perform the evaluation and Client will compensate Consultant.

Scope of Work

Consultant shall perform the evaluation of candidate terracerias, which shall include: site visits where feasible, review of contractor qualifications and equipment, cost estimate reconciliation, review of environmental and permitting practices, reference checks, preparation of a comparative scorecard, and delivery of a final written report with tabulated comparisons and Consultant’s recommendations.

Comparative Evaluation — Candidate Terracerias

List up to three candidate terracerias below. For each candidate, provide identified contact data, estimated cost, timeline, equipment condition, compliance status, and notes.

Meets required permits and environmental practices:

Meets required permits and environmental practices:

Meets required permits and environmental practices:

Payment Terms

Client shall pay Consultant for the services described in this Agreement in accordance with the schedule below. All fees are exclusive of applicable taxes unless otherwise stated.

Any undisputed amount not paid within days after the due date shall accrue a late fee of per month, or the maximum permitted by law, whichever is less. Consultant may suspend performance if payments are more than days overdue.

Term and Termination

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

Either Party may terminate this Agreement for material breach by the other Party if the breaching Party fails to cure the breach within the notice period specified above. Client may terminate for convenience upon written notice provided Client pays Consultant for work performed and reasonable costs incurred through the effective date of termination.

Confidentiality

Each Party acknowledges that during the course of performance it may receive Confidential Information of the other Party. "Confidential Information" means non-public business, technical, financial, or proprietary information disclosed in written, oral, electronic, or other tangible form, expressly designated as confidential or which reasonably should be understood to be confidential.

The receiving Party shall not disclose Confidential Information except to its employees and contractors on a need-to-know basis, shall protect it with at least the same care it uses to protect its own confidential information, and shall use such information solely to perform under this Agreement. Confidentiality obligations shall survive termination for a period of three (3) years, except for trade secrets which shall remain protected as required by law.

Exceptions: Confidential Information does not include information that is (a) publicly known through no breach of this Agreement, (b) rightfully received from a third party without restriction, (c) independently developed without use of the other's Confidential Information, or (d) required to be disclosed by law, provided the disclosing Party is given prompt notice to seek protective measures.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of without regard to conflict of laws principles. Each Party consents to the exclusive jurisdiction of the courts located within that jurisdiction for disputes arising under this Agreement.

Representations, Warranties, and Liability

Each Party represents that it has the authority to enter into this Agreement. Consultant warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. Except for gross negligence or willful misconduct, Consultant's aggregate liability arising out of or related to this Agreement shall not exceed the total fees paid by Client to Consultant under this Agreement.

Entire Agreement

This Agreement, including all attachments and the final comparative report delivered pursuant to this Agreement, constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No amendment shall be effective unless in writing and signed by both Parties.

Execution

The Parties agree that electronic signatures or counterparts signed and transmitted by electronic means shall be binding and have the same force and effect as original signatures.

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