Construction Cement Silo Template

Construction Cement Silo Template

This Construction Cement Silo Agreement (the "Agreement") is entered into as of by and between:

WHEREAS

WHEREAS, Owner desires to engage Contractor to furnish labor, materials, equipment and services necessary to construct a cement silo structure at the project site located at (the "Project");

WHEREAS, Contractor represents that it is duly qualified, licensed and experienced to perform the work described herein and will perform the work in accordance with industry standards, applicable codes and the agreed plans and specifications incorporated into this Agreement;

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the design, construction, testing and delivery of the cement silo system on the terms and conditions contained in this Agreement.

1. Scope of Work

Contractor shall furnish all labor, materials, tools, equipment, supervision, testing and incidental services necessary to complete the construction, erection, commissioning and handover of the cement silo (the "Work") in accordance with the plans, specifications and performance requirements agreed by the parties. Specific tasks include site preparation, foundation work, silo erection, conveyor or discharge equipment installation, structural and mechanical assembly, instrumentation and final testing.

2. Payment Terms

Owner shall pay Contractor for the performance of the Work the total contract price of (the "Contract Price"), subject to adjustments for approved change orders, retainage and deductions for defective work.

Payments shall be due within days of receipt of Contractor's invoice accompanied by required supporting documentation. Owner may reasonably withhold payment for incomplete or nonconforming Work.

Late payments shall accrue interest at a rate of on the overdue balance, calculated monthly.

3. Term and Termination

The Work shall commence on or about and shall be Substantially Complete by , subject to adjustments for excusable delays.

Either party may terminate this Agreement for material breach if the breach remains uncured after days' written notice. Owner may also terminate for convenience upon days' prior written notice subject to payment for Work performed and documented costs.

4. Permits, Codes and Insurance

Contractor shall obtain and pay for all required permits, inspections and approvals and shall perform the Work in compliance with applicable codes and regulations. Contractor shall maintain insurance including commercial general liability, automobile liability and worker's compensation in amounts customary for silo construction and shall provide certificates evidencing coverage upon Owner request.

5. Change Orders

All changes to the Scope of Work, Contract Price or schedule shall be by written change order signed by authorized representatives of Owner and Contractor. No oral order shall be binding.

6. Warranty and Acceptance

Contractor warrants that materials and workmanship shall be free from defects for a period of from the date of final acceptance. Acceptance shall occur following successful completion of performance testing and Owner's written acceptance.

7. Confidentiality

Each party shall keep confidential and shall not disclose to third parties proprietary information, technical data, trade secrets and other information designated as confidential and obtained in connection with the Work ("Confidential Information"), except as required by law or as necessary to perform the Work. Confidentiality obligations shall continue for following termination or expiration of this Agreement.

8. Indemnity

Contractor shall indemnify, defend and hold harmless Owner and its affiliates from and against claims, damages, losses and expenses arising out of Contractor's negligent performance of the Work, breach of this Agreement, or failure to comply with laws, except to the extent such claims arise from Owner's negligence or willful misconduct.

9. Governing Law

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

10. Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below by certified mail, overnight carrier, or hand delivery and shall be effective upon receipt.

11. Entire Agreement

This Agreement, including any exhibits, schedules and executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals, representations and agreements, whether written or oral. No modification shall be binding unless in writing and signed by both parties.

12. Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except to an affiliate or successor by merger or sale of substantially all assets.

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