Concrete Request Agreement

CONCRETE REQUEST AGREEMENT

This Concrete Request Agreement ("Agreement") is made and entered into as of Request Date: by and between Client Name: and Contractor Name: .

WHEREAS

WHEREAS, Client requires the delivery and placement of concrete for the Project located at Project Address: ; and

WHEREAS, Contractor is duly licensed, bonded and experienced in supplying, delivering and placing concrete and agrees to provide such services under the terms and conditions set forth in this Agreement.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, supervision and transportation necessary to deliver, place, consolidate and finish concrete in accordance with the specifications provided herein and any applicable industry standards. Specific requirements include mix design, delivery and placement as follows:

DELIVERY & TECHNICAL SPECIFICATIONS

Requested Delivery Date:    Requested Delivery Time:

Air-entraining Fly ash Water reducer Superplasticizer

PAYMENT TERMS

Total Contract Sum: $ .

Late Payment: Any undisputed amount not paid when due shall accrue interest at the rate of , or the maximum lawful rate if less. Client is responsible for collection costs, including reasonable attorney fees, for overdue amounts.

TERM AND TERMINATION

Agreement Start Date: . Anticipated Completion or End Date: .

Either party may terminate this Agreement for material breach by the other party if such breach remains uncured for a period of days after written notice. Termination for convenience by Client requires days' written notice and payment for all work performed and materials supplied to date.

CONFIDENTIALITY

Each party shall maintain in confidence all proprietary business information, trade secrets, formulations, pricing and other non-public information disclosed by the other party in connection with this Agreement ("Confidential Information"). Confidential Information shall not include information that is publicly known other than by breach of this Agreement or independently developed by the receiving party. The receiving party shall use at least the same degree of care in protecting Confidential Information as it uses for its own confidential information, but not less than reasonable care.

INSURANCE AND INDEMNITY

Contractor shall maintain commercial general liability and automobile liability insurance in amounts customary for the industry and shall provide proof of such insurance upon request. Contractor agrees to defend, indemnify and hold harmless Client, its agents and employees from and against all claims, damages, losses and expenses (including reasonable attorney fees) arising out of Contractor's performance, except to the extent caused by Client's negligence or willful misconduct.

Contractor certifies that concrete supplied will meet the agreed mix design and strength requirements. Except as expressly set forth in this Agreement, Contractor makes no other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties agree to first attempt to resolve disputes through good-faith negotiation. If unresolved within 30 days, the parties may pursue any remedy available at law or equity.

ENTIRE AGREEMENT

This Agreement, including attachments 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, understandings, negotiations and discussions, whether oral or written. Any amendment to this Agreement must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, provided the affected party gives prompt written notice to the other and uses commercially reasonable efforts to resume performance.

Assignment: Neither party may assign this Agreement without the prior written consent of the other, except that Contractor may assign receivables for financing purposes without Client consent.

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