Cooking Grill Document

COOKING GRILL AGREEMENT

This Cooking Grill Agreement ("Agreement") is entered into as of by and between:

Client Name:

Provider Name:

RECITALS

WHEREAS, Provider is engaged in the business of supplying, installing, servicing and maintaining commercial and residential cooking grills and related equipment, and represents that Provider has the skill, experience, licenses and personnel necessary to perform the services described herein; and

WHEREAS, Client desires to purchase and/or obtain installation and related services for a cooking grill described as model and specification: Model/Spec: , quantity: , to be installed at: ; and

WHEREAS, the parties wish to set forth the terms and conditions under which Provider will supply, install and/or service the cooking grill and Client will pay for such goods and services.

SCOPE OF WORK

Provider shall perform all work in a professional and workmanlike manner consistent with industry standards, obtain any required permits, coordinate inspections where required, and comply with applicable codes and safety regulations. Any changes to the scope shall be documented in a written change order signed by both parties.

PAYMENT TERMS

Total Contract Price: $

Balance Due Date:

Late Fee: . Client acknowledges that late payments will accrue interest or fees as set forth above and Provider may suspend work until payments are current.

TERM AND TERMINATION

Term Commencement Date: . Estimated Completion/End Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within days after written notice. Termination by Client without cause after Provider has commenced performance will require payment for work performed, costs incurred and reasonable demobilization fees.

CONFIDENTIALITY

Each party shall maintain in confidence all non-public technical, business and financial information disclosed by the other party in connection with this Agreement ("Confidential Information"), and shall not use or disclose such Confidential Information except as necessary to perform obligations under this Agreement. Confidential Information does not include information that (i) is or becomes public through no breach of this Agreement, (ii) is rightfully received from a third party without confidentiality obligations, or (iii) is independently developed without use of the disclosing party's Confidential Information. Disclosure compelled by law is permitted only after prompt notice to the disclosing party where legally allowed.

WARRANTY, LIMITATION OF LIABILITY

Provider warrants that goods supplied shall be free from material defects in workmanship and materials for a period of from date of installation. Provider's obligation under this warranty is limited to repair or replacement at Provider's option. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND THE TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO THE TOTAL CONTRACT PRICE PAID BY CLIENT.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of laws principles. Any claims arising from this Agreement shall be brought exclusively in the state or federal courts located in the same state.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or such other address as a party may designate in writing. Notices may be delivered personally, by certified mail (return receipt requested) or by overnight courier.

ENTIRE AGREEMENT

This Agreement, including all exhibits and written change orders signed by the parties, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written. Any modification to this Agreement must be in writing and signed by both parties.

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect and the parties shall negotiate in good faith to replace the invalid provision with a valid provision that achieves, to the extent possible, the original economic, business and other purposes of the invalid provision.

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