Fire Tender Service Contract

Fire Tender Service Contract

This Fire Tender Service Contract (the Agreement) is made effective as of between:

Provider Name:

Client Name:

WHEREAS

WHEREAS, Provider operates and maintains water-carrying fire tender vehicles and trained personnel for the delivery of firefighting water supply, support and related services; and

WHEREAS, Client requires the provision of fire tender services at the location(s) identified in this Agreement for purposes of fire suppression readiness, emergency response support, training exercises, or contractual standby; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

1. Scope of Work

Provider shall furnish fire tender vehicle(s), operators, drivers and ancillary equipment necessary to perform the services described below at the Service Location(s). Provider's obligations include operation, fueling, routine vehicle maintenance during service, and coordination with Client's on-site representative.

2. Personnel and Compliance

Provider warrants that all operators and personnel provided under this Agreement are properly licensed, trained and certified as required by applicable law and industry standards. Provider shall comply with all applicable statutory, regulatory and permit requirements in the performance of services.

3. Payment Terms

Client shall pay Provider for services as follows:

4. Term and Termination

This Agreement commences on and continues until unless earlier terminated as provided herein.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within the notice period specified above. Client may terminate for convenience upon payment of Provider's accrued fees and reasonable demobilization costs.

5. Insurance and Indemnity

Provider shall, at its expense, maintain insurance coverages customary for the industry, including commercial general liability, automobile liability and workers' compensation. Provider shall provide certificates of insurance upon request and shall name Client as an additional insured solely with respect to Provider's operations under this Agreement where required by law or contract.

Provider agrees to indemnify, defend and hold harmless Client and its officers, agents and employees from and against claims, liabilities, damages and expenses arising out of Provider's negligent acts or omissions in the performance of services, except to the extent caused by Client's negligent acts or omissions.

6. Confidentiality

Each party shall treat information disclosed by the other party that is marked or reasonably understood to be confidential as Confidential Information. Confidential Information shall not include information that (i) is or becomes publicly available through no fault of the receiving party; (ii) is rightfully received from a third party without restriction; or (iii) is independently developed by the receiving party. Confidential Information shall be used only for the performance of this Agreement and shall be returned or destroyed upon termination.

7. Force Majeure

Neither party shall be liable for failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, government orders, labor disputes, civil unrest, or severe weather that renders performance unsafe. The affected party shall provide prompt written notice to the other and shall use reasonable efforts to resume performance.

8. Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state specified below. The parties shall first attempt in good faith to resolve disputes by negotiation between senior representatives. If unresolved within 30 days, disputes shall be resolved by litigation in the courts of the specified state unless the parties agree otherwise in writing.

9. Entire Agreement; Amendment

This Agreement, including all attachments and schedules executed by the parties, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings. No amendment shall be binding unless in writing and signed by authorized representatives of both parties.

10. Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the parties at the addresses below by personal delivery, certified mail (return receipt requested) or commercial overnight delivery service.

11. Miscellaneous Provisions

Assignment: Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Provider may assign to an affiliate or successor in interest in connection with a sale of substantially all of its assets.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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