Landscape Services Contract

Landscape Services Contract

This Landscape Services Contract ("Contract") is entered into as of Effective Date: by and between Client Name: , Client Address: (hereinafter "Client"), and Contractor Name: , Contractor Address: (hereinafter "Contractor").

Recitals

WHEREAS, Client desires to retain Contractor to perform landscape installation, maintenance, and related services described in Schedule A attached hereto; and

WHEREAS, Contractor represents that it possesses the necessary licenses, personnel, equipment, and expertise to perform the Services in a professional and workmanlike manner; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will perform the Services and Client will compensate Contractor.

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

1. Scope of Services

1.1 Services. Contractor shall perform the landscape services described in Schedule A attached to this Contract (the "Services"). Contractor shall furnish all labor, materials, equipment, tools, supervision and incidentals necessary to perform the Services unless otherwise specified in Schedule A.

1.2 Performance Standards. Contractor shall perform the Services in accordance with industry standards for commercial landscape contractors, in a timely manner, and in compliance with applicable laws, codes and regulations. Contractor shall obtain and maintain all licenses and permits required to perform the Services.

2. Term; Termination

2.1 Term. The term of this Contract shall commence on the Effective Date and continue for Term Length: unless earlier terminated as provided herein.

2.2 Termination for Convenience. Either party may terminate this Contract for convenience by providing written notice to the other party at least Termination Notice Days: days prior to the proposed termination date. Client shall pay Contractor for Services performed and Materials purchased up to the effective date of termination.

2.3 Termination for Cause. Either party may terminate for material breach if the breaching party fails to cure the breach within Cure Period Days: days after written notice specifying the breach.

3. Compensation and Payment

3.1 Contract Price. Client shall pay Contractor the amounts set forth in the Payment Schedule below for Services completed in accordance with this Contract. Total Contract Price: $

3.2 Invoices. Contractor shall submit invoices in accordance with the Payment Schedule. Unless otherwise agreed in writing, Client shall pay undisputed amounts within Payment Due Days: days of invoice receipt.

3.3 Late Payment. Late payments shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law; Client shall also be responsible for reasonable collection costs, including attorneys' fees.

4. Materials; Subcontracting

4.1 Materials. Contractor shall procure materials in accordance with the specifications set forth in Schedule A. Title to materials purchased by Contractor shall pass to Client upon Contractor's delivery to the Site and payment for such materials where required by law.

4.2 Subcontracting. Contractor may subcontract portions of the Services provided that Contractor remains responsible for the performance of subcontractors and ensures compliance with the terms of this Contract.

5. Access to Property and Utilities

Client shall provide Contractor with reasonable access to the Site and any utilities necessary for performance. Client shall notify Contractor of any site conditions, underground utilities, or hazards of which Client is aware. Contractor shall exercise reasonable care to avoid damage to existing improvements.

6. Insurance

6.1 Contractor shall maintain at its own expense commercial general liability insurance with limits of not less than $ per occurrence, business automobile liability insurance, and workers' compensation as required by law. Certificates evidencing such insurance shall be provided to Client upon request.

7. Indemnification

Contractor shall indemnify, defend and hold harmless Client, its officers, directors and employees from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Contractor's negligence, willful misconduct or breach of this Contract, except to the extent caused by Client's negligence or willful acts.

8. Warranties

8.1 Contractor warrants that Services furnished under this Contract shall be free from material defects in workmanship for Warranty Period Days: days from completion. This warranty does not cover damage caused by misuse, acts of God, or normal wear and tear.

8.2 Client's sole and exclusive remedy for breach of the warranty in Section 8.1 shall be repair or replacement of the defective portion of the Services at Contractor's expense.

9. Changes and Extra Work

9.1 Change Orders. Any changes to the scope, price or schedule shall be made only by a written change order signed by both parties. Contractor shall not be obligated to perform extra work without an executed change order.

10. Default; Remedies

10.1 Default. A party shall be in default if it materially breaches this Contract and fails to cure within the cure period specified in Section 2.3. The non-defaulting party may pursue any remedies available at law or in equity, including termination and recovery of damages.

11. Dispute Resolution

The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Contract by negotiation between senior representatives. If not resolved within 30 days, the dispute shall be submitted to binding arbitration before a single arbitrator experienced in construction or commercial contract disputes, with the arbitration conducted in the county where the Site is located, and the arbitrator's award shall be final and binding.

12. Notices

All notices required or permitted hereunder shall be in writing and delivered to the addresses set forth below or to such other address as the receiving party designates in writing. Notices shall be effective upon personal delivery, confirmed courier delivery, or three days after deposit in the United States mail, postage prepaid.

13. Governing Law; Entire Agreement; Severability

13.1 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the state in which the Site is located, without regard to conflict of laws principles.

13.2 Entire Agreement. This Contract, including attachments and any executed change orders, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, representations or agreements, whether written or oral.

13.3 Severability. If any provision of this Contract is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14. Amendments; Waiver; Counterparts

Any amendments to this Contract must be in writing and signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the waiving party. This Contract may be executed in counterparts, each of which shall be deemed an original.

Schedule A — Description of Services

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