Electrical Services Contract

ELECTRICAL SERVICES CONTRACT

This Electrical Services Contract (the "Agreement") is entered into as of Effective Date: by and between Client Name: and Contractor Name: .

RECITALS

WHEREAS, Client desires to obtain electrical services for the property located at: (the "Property");

WHEREAS, Contractor represents that it is duly licensed, insured and qualified to perform electrical installation, repair and maintenance services and has the experience and resources to perform the work described below; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will provide such services to Client.

SCOPE OF WORK

MATERIALS, EQUIPMENT AND PERMITS

Contractor shall supply all labor, materials and equipment necessary to complete the Scope of Work, except as otherwise stated. Client acknowledges that materials may be new or equivalent to new. Contractor shall obtain permits required by governing authorities unless otherwise agreed. Responsibility for permit procurement:

Contractor to obtain and pay for required permits    Client to obtain and pay for required permits

PAYMENT TERMS

Contract Price (total amount payable by Client): $ .

Final payment shall be due within days of substantial completion (as defined below) and acceptance by Client. If Client fails to pay any amount when due, interest shall accrue at the rate of (or the maximum allowed by law, if less), plus reasonable collection costs and attorneys' fees.

CHANGE ORDERS

Any change to the Scope of Work or Contract Price shall be made only by a written change order signed by both parties specifying the change in work, the adjustment to the Contract Price and any change to the schedule. Contractor shall not be required to perform extra work absent a signed change order.

TERM; TERMINATION

This Agreement commences on Start Date: and, unless earlier terminated in accordance with this Agreement, shall continue until End Date: or until substantial completion of the Scope of Work, whichever occurs first.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days after written notice specifying the breach. Either party may terminate for convenience upon days' prior written notice. Upon termination Client shall pay Contractor for work performed and materials purchased up to the effective date of termination, including reasonable demobilization costs.

CONFIDENTIALITY

Each party acknowledges that it may receive non-public, confidential or proprietary information of the other party ("Confidential Information"). Each party agrees to (i) use Confidential Information only in furtherance of this Agreement, (ii) protect Confidential Information with the same degree of care it uses to protect its own confidential information, but no less than reasonable care, and (iii) not disclose Confidential Information to third parties except to employees, subcontractors or advisors on a need-to-know basis who are bound by confidentiality obligations no less protective than those herein. Confidential Information does not include information that is or becomes generally known through no fault of the receiving party or is independently developed by the receiving party without use of the other's Confidential Information.

INSURANCE; COMPLIANCE

Contractor shall maintain commercial general liability insurance, workers' compensation insurance and automobile liability insurance in amounts customary for the industry and as required by law. Contractor shall furnish certificates of insurance upon Client's request. Contractor shall comply with all applicable laws, codes, ordinances and regulations, including electrical codes and safety standards.

Proof of insurance provided to Client: Yes    Pending

WARRANTIES; LIMITATIONS

Contractor warrants that labor performed under this Agreement will be free from defects in workmanship for a period of months from completion. Manufacturer warranties for parts and equipment shall run to Client to the extent assignable. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY, AND CONTRACTOR'S AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNTS PAID BY CLIENT UNDER THIS AGREEMENT.

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 shall attempt in good faith to resolve disputes by negotiation. If negotiation fails, disputes shall be resolved by binding arbitration conducted in accordance with the commercial arbitration rules selected by the parties.

ENTIRE AGREEMENT; ASSIGNMENT

This Agreement, including all exhibits and signed change orders, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations, representations or agreements, written or oral. Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Contractor may assign receivables or subcontract performance to subcontractors while remaining liable for performance.

GENERAL PROVISIONS

Notices required by this Agreement shall be in writing and delivered to the addresses set forth below or as otherwise designated in writing. Headings are for convenience only and shall not affect interpretation. If any provision is held invalid, the remainder shall remain in effect.

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