Installation Project Template

INSTALLATION PROJECT AGREEMENT

This Installation Services Agreement ("Agreement") is entered into on between Client Name: ("Client") and Contractor Name: ("Contractor").

WHEREAS

WHEREAS, Client desires to engage Contractor to perform installation services at the Project Site described below under the terms and conditions set forth herein;

WHEREAS, Contractor represents that it possesses the skill, experience and licenses necessary to perform the installation work in a professional manner and in compliance with applicable laws and regulations;

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the installation, testing and final acceptance of the Work.

PROJECT SITE

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, supervision and services necessary to perform installation work described in the Detailed Scope of Work below (the "Work"). Contractor shall perform the Work in accordance with industry standards reasonably applicable to the type of installation and in compliance with all applicable codes, ordinances and permit requirements.

PROJECT SCHEDULE

Commencement Date:    Completion Date:

PAYMENT TERMS

Total Contract Price: $

Late Payment: Any amounts not paid when due shall accrue interest at and a late fee of $ may be charged. Client shall also be responsible for reasonable collection costs, including attorneys' fees, incurred by Contractor to collect overdue amounts.

MATERIALS, PERMITS, AND INSPECTIONS

Unless otherwise agreed in writing, Contractor shall supply materials as described in the Scope of Work. Client is responsible for obtaining and paying for permits, inspections and approvals required by authorities having jurisdiction, unless the parties agree in writing that Contractor will procure such permits. Contractor shall coordinate required inspections and shall correct any nonconforming Work at no additional cost to Client, provided such nonconformity is reported within the Warranty Period defined below.

TERM AND TERMINATION

This Agreement shall commence on the Commencement Date and shall expire on the Completion Date, unless earlier terminated in accordance with this Section. Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after receipt of written notice specifying the breach. Either party may terminate for convenience upon days' prior written notice to the other party. Upon termination, Contractor shall be paid for all Work performed and materials procured to the date of termination, plus reasonable demobilization costs, less any setoffs permitted by this Agreement.

CONFIDENTIALITY

Each party shall treat as confidential all non-public information disclosed by the other party relating to pricing, technical specifications, project plans and other proprietary information ("Confidential Information"). Confidential Information shall not include information that is or becomes generally available to the public other than through a breach of this Agreement. A receiving party may disclose Confidential Information to its employees, agents and subcontractors on a need-to-know basis provided such persons are bound by confidentiality obligations no less protective than those in this Agreement. The obligations set forth in this section shall survive termination of this Agreement for a period of three (3) years.

INSURANCE AND INDEMNITY

Contractor shall maintain commercial general liability, workers' compensation and automobile liability insurance in amounts customary and reasonable for the type of Work and shall provide evidence of such insurance upon request. Contractor agrees to indemnify, defend and hold harmless Client from and against any third-party claims, damages or liabilities to the extent caused by Contractor's negligent acts or omissions in the performance of the Work, provided that Contractor's indemnity shall be limited to direct damages and shall not cover Client's consequential damages except to the extent caused by Contractor's gross negligence or willful misconduct.

WARRANTY

Contractor warrants that the Work performed under this Agreement will be free from defects in workmanship for a period of months from the date of final completion. This warranty does not cover defects caused by misuse, alteration, normal wear and tear, or acts of third parties. Contractor's sole obligation under this warranty shall be, at Contractor's option, to repair or replace defective Work.

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. Venue for any action arising out of this Agreement shall lie in the state or federal courts located within that State.

ENTIRE AGREEMENT

This Agreement, including all exhibits and written amendments signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No modification of this Agreement shall be effective unless in writing and signed by both parties.

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