Engineering Work Order for Monitors Engineer

Engineering Work Order for Monitors Engineer

Work Order No.:    Date:

Client Name:

Engineer Name:

Recitals

WHEREAS, Client retains Engineer to provide engineering, inspection and monitor-related services for the Project identified above; and

WHEREAS, Engineer represents that it has the qualifications, personnel and experience to perform monitoring, instrumentation, reporting, and incidental engineering services required to satisfy the Project objectives; and

WHEREAS, the parties desire to set forth the scope, schedule, compensation and terms under which Engineer will perform the Services set forth in this Work Order.

Scope of Work

Deliverables include preparation and delivery of monitoring plans, instrument installation records, periodic monitoring reports, and final summary report including data, analysis, and recommendations. Engineer shall maintain field logs and provide photographs and calibration certificates where applicable.

Task Items and Estimates

Payment Terms

Total Not-To-Exceed Amount: $

Deposit (upon execution):   Due Date:

Progress / Milestone Payments:

Final Payment (upon delivery of final report):

Late Payment: Unpaid amounts shall accrue interest at per month (or the maximum lawful rate) after a grace period of days following written notice of nonpayment.

Term and Termination

Term Commencement: This Work Order commences on and continues until unless earlier terminated in accordance with this section.

Termination for Convenience: Either party may terminate this Work Order for convenience upon days' prior written notice to the other party. Upon termination for convenience, Engineer shall be paid for Services performed and expenses incurred up to the effective date of termination and any reasonable demobilization costs expressly authorized in writing.

Termination for Cause: Either party may terminate for material breach if the breaching party fails to cure the breach within days after receipt of written notice specifying the breach.

Confidentiality

Each party shall treat as confidential all non-public information disclosed by the other party that is designated confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Engineer shall not disclose Confidential Information to third parties except to the extent required for performance of the Services or as required by law, regulation or professional obligation. Confidentiality obligations shall survive termination of this Work Order for a period of three (3) years, except that trade secrets shall remain protected for as long as they retain trade secret status.

Insurance, Indemnity and Compliance

Engineer shall maintain commercially reasonable insurance coverage customary for engineering and monitoring services, including professional liability, general liability and workers' compensation where applicable. Engineer agrees to indemnify and hold Client harmless from claims arising from Engineer's negligent performance of the Services, subject to any limitations of liability set forth in a separate agreement between the parties.

Governing Law; Dispute Resolution

This Work Order shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. The parties shall first endeavor to resolve disputes through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration if the parties mutually agree; otherwise, either party may seek relief in a court of competent jurisdiction.

Entire Agreement and Amendments

This Work Order, together with any attached exhibits, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, proposals or agreements. No amendment or modification of this Work Order shall be binding unless made in writing and signed by duly authorized representatives of both parties.

Notices

All notices shall be in writing and shall be deemed given when delivered personally, sent by certified mail return receipt requested, or sent by nationally recognized overnight courier to the addresses provided above.

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