Fill and Sign the Contract to Install New Windows in a Dwelling Form

Contract to Install New Windows in a Dwelling Agreement made on the _______________ (date) , between _______________ (Name of Owner) of ____________________________________ (street address, city, state, zip code) , referred to herein as Owner , and _________________ (Name of Contractor) , a corporation organized and existing under the laws of the state of __________________, with its principal office located at ________________________ _______________________________ (street address, city, state, zip code) , referred to herein as Contractor . 1. Description of Work Contractor agrees to install in the building of Owner located at ____________ ____________________________ (street address, city, state, zip code) , new windows as described in Exhibit A attached hereto and made a part hereof. Contractor shall furnish all labor and materials necessary for such installation. 2. Plans Contractor shall install the windows in accordance with the plans and specifications signed by Contractor and Owner and will do so in a workmanlike manner. 3. Compensation Owner agrees to pay Contractor $____________ upon the completion of the installation of the windows covered by this Agreement 4. Cancellation at Option of Owner This Agreement may be cancelled, without previous notice, at the option of Owner in case Owner's dwelling located at _______________________________ (street address, city, state, zip code) , is destroyed by fire or other catastrophe or is so substantially damaged that it is impracticable to continue use of such building. 5. Completion Date Contractor will fully complete the installation and all clean up on or before _______________ (date) . Because of the difficulty in fixing actual damages, if any, that may proximately result from a failure on the part of Contractor to perform complete installation by such date, Contractor’s liability under this Agreement shall be limited to and fixed at $_________ per day past the date of _______________ (date) as liquidated damages and not as a penalty, and this liability shall be exclusive. 6. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 7. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 8. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 9. Notices Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 10. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 11. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 12. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 13. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 14. Compliance with Laws In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. _________________________ (Name of Contractor) ________________________ By _________________________ (P rinted Name of Owner) _____________________________ ________________________ (P rinted Name & Office in Corporation) (Signature of Owner) ________________________ (Signature of Officer)