Homeowners Agreement Form

HOMEOWNERS AGREEMENT FORM

Parties

Recitals

WHEREAS, Homeowner named above is the owner of the residential property located at (the "Property");

WHEREAS, Service Provider is duly qualified, experienced and able to perform the services described in this Agreement and represents that it holds all licenses and insurance required to perform such services; and

WHEREAS, the Parties desire to set forth the terms and conditions under which Service Provider will perform services for the Homeowner commencing on .

Scope of Work

Service Provider shall perform the following services for the Property. The description below sets forth the scope, deliverables, and any milestones. Service Provider shall provide labor, materials, tools, supervision, and permits as required unless expressly excluded below.

Payment Terms

Total Contract Price: $ . Payment shall be made as set forth below.

Invoices are due within days of invoice date. Unpaid balances shall accrue interest at a rate of % per month (or the maximum permitted by law), plus reasonable collection costs, attorney fees, and court costs.

Term and Termination

This Agreement shall commence on and shall continue until the earlier of completion of the Scope of Work or , unless earlier terminated as provided herein.

Either Party may terminate this Agreement for convenience upon providing days' prior written notice. Either Party may terminate for material breach if the non-breaching Party provides written notice and the breaching Party fails to cure within days of receipt of such notice.

Upon termination, Homeowner shall pay Service Provider for all work performed and materials purchased up to the effective date of termination, together with any reasonable demobilization costs agreed to in writing.

Confidentiality

"Confidential Information" means non-public financial, technical, business, or other information disclosed by one Party to the other in written, oral, electronic, or other tangible form that is identified as confidential or that reasonably should be understood to be confidential. Recipient shall (a) use Confidential Information only to perform its obligations under this Agreement, (b) not disclose Confidential Information to any third party except to its employees, contractors, or agents who have a need to know and are bound by confidentiality obligations at least as protective as those in this Agreement, and (c) take reasonable measures to protect Confidential Information from unauthorized disclosure. Confidential Information does not include information that (i) was in the public domain at the time of disclosure, (ii) becomes public through no fault of Recipient, (iii) was known to Recipient prior to disclosure, or (iv) is independently developed by Recipient without use of the disclosing Party's Confidential Information.

The Parties agree that a breach of this confidentiality provision would cause irreparable harm and that the non-breaching Party shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.

Insurance; Indemnification; Independent Contractor

Service Provider shall maintain general liability and, where applicable, workers' compensation insurance in commercially reasonable amounts and shall provide certificates of insurance upon request. Service Provider shall indemnify, defend and hold harmless Homeowner from and against liabilities, losses, damages, claims and expenses (including reasonable attorney fees) arising from Service Provider's negligence or willful misconduct in performing the services. Service Provider is an independent contractor and not an employee, partner, or agent of Homeowner.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of law principles. Any dispute arising under this Agreement shall be resolved by binding arbitration or in the courts located in the county where the Property is located, as elected by the non-breaching Party.

Entire Agreement; Amendments

This Agreement, including any exhibits or attachments specifically incorporated in writing, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings of the Parties. No modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will remain enforceable. Headings are for convenience only and do not affect interpretation. All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above.

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