Industrial Project Proposal

INDUSTRIAL PROJECT PROPOSAL

Project Name:   Proposal No.:   Date:

WHEREAS

WHEREAS, Client Name: requires industrial services and improvements related to the Project described above; and

WHEREAS, Contractor Name: holds the requisite experience, personnel and certifications to perform such industrial work and is willing to undertake the work under the terms set forth in this Proposal and Agreement; and

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

SCOPE OF WORK

Contractor shall perform the work described below in a professional and workmanlike manner in accordance with industry standards. The Scope of Work includes, but is not limited to, design review, site preparation, materials procurement, fabrication, installation, testing, commissioning, documentation and training as required for the Project.

PROJECT MILESTONES

The parties agree to the following milestone schedule. Contractor shall notify Client in writing upon achievement of each milestone and submit any required deliverables and invoices.

Due Date:   Amount At Completion:

Due Date:   Amount At Completion:

Due Date:   Amount At Completion:

PAYMENT TERMS

Contract Sum (Total Price):

Retainage/Withholding (if any):   Late Payment Fee:

TERM AND TERMINATION

Commencement Date:   Estimated Completion Date:

Either party may terminate this Proposal and Agreement for material breach upon written notice if such breach is not cured within days after receipt of written notice. Termination for convenience by Client requires days' prior written notice and payment for all work performed to date plus reasonable demobilization costs.

CONFIDENTIALITY

Each party acknowledges that during the performance of this Agreement it may receive or be exposed to confidential or proprietary information of the other party. Except as required by law, neither party shall disclose such information to third parties or use it for any purpose other than performing obligations under this Agreement. Confidential information does not include information that: (a) enters the public domain through no fault of the receiving party; (b) is rightfully received from a third party without restriction; or (c) is independently developed by the receiving party without the use of the disclosing party's confidential information.

INSURANCE, COMPLIANCE AND SAFETY

Contractor shall maintain and provide proof of commercial general liability, workers' compensation and any other insurance required by law or reasonably required by Client for the scope and risks of the Project. Contractor shall comply with all applicable laws, regulations, codes and site safety requirements and shall be responsible for the safe performance of its work and subcontractors.

CHANGES AND CHANGE ORDERS

Any change to the Scope of Work shall be documented in a written change order executed by authorized representatives of both parties. Change orders shall describe the change, the adjustment to contract price and any adjustment to schedule. Contractor shall not perform work outside the Scope of Work without a fully executed change order.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Proposal, together with any attachments, accepted change orders and referenced documents, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals, representations, and agreements, whether written or oral. Any modifications must be in writing and signed by authorized representatives of both parties.

NOTICES

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