Grading Machine Template

GRADING MACHINE TEMPLATE

This Grading Machine Services Agreement (the Agreement) is entered into as of by and between ("Contractor") and ("Client").

RECITALS

WHEREAS, Contractor owns, operates and/or provides access to grading machinery and skilled operators suitable for earthworks, road grading, and site preparation; and

WHEREAS, Client requires grading services and/or the rental of Contractor's grading machine(s) at the site described herein under the terms and conditions set forth in this Agreement; and

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

PARTIES AND EQUIPMENT

Operator Provided: Check if Contractor will supply a qualified operator. If unchecked, Client certifies operator competence and licensing.

SCOPE OF WORK

Contractor shall perform grading services and/or supply the grading machine as described below at the Site. Contractor will perform work in a professional manner consistent with industry standards and in compliance with applicable laws.

PAYMENT TERMS

Client shall pay Contractor for machine rental, operator labor (if provided), and associated services as set forth below. All payments are due in United States currency unless otherwise agreed in writing.

TERM AND TERMINATION

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

Either party may terminate this Agreement for convenience by providing written notice to the other party at least days prior to the intended termination date. Either party may terminate immediately for material breach if the breaching party fails to cure within ten (10) days after written notice of breach.

CONFIDENTIALITY

Each party shall maintain in confidence 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 ("Confidential Information"). Confidential Information shall not include information that is or becomes publicly available through no fault of the receiving party, independently developed by the receiving party without use of the disclosing party's Confidential Information, or rightfully received from a third party without restriction.

The receiving party will not disclose Confidential Information to third parties and will take commercially reasonable measures to protect such information for a period of following termination of this Agreement, except as required by law or court order.

INSURANCE AND INDEMNITY

Contractor shall maintain, at its expense, commercial general liability insurance and, if providing an operator, employer's liability and workers' compensation coverage as required by applicable law. Client shall maintain property and liability insurance covering the Site. Each party agrees to indemnify, defend and hold harmless the other party from and against claims, liabilities, losses, damages and expenses arising from the indemnifying party's negligence or willful misconduct in connection with performance under this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles.

ENTIRE AGREEMENT

This Agreement, including any exhibits or attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties.

ADDITIONAL PROVISIONS

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