Landscaping Project Plan

Landscaping Project Plan

Parties and Project Identification

Project Reference Number (if any):

Recitals

WHEREAS, Client desires to engage Contractor to perform landscaping design, installation and related services at the Project Site in accordance with the terms and conditions set forth in this Landscaping Project Plan; and

WHEREAS, Contractor represents that it possesses the necessary expertise, licenses, insurance and personnel to perform the work described herein and agrees to perform such work subject to the schedule, specifications and payment terms set forth below; and

NOW, THEREFORE, the parties set forth this Landscaping Project Plan effective as of the Effective Date: , under the following terms.

Scope of Work

Schedule

Anticipated Start Date: .

Anticipated Substantial Completion Date: .

Payment Terms

Total Contract Price: $ (inclusive of labor, materials, applicable taxes unless stated otherwise).

Deposit Required Prior to Commencement: $.

Late Payment: Unpaid amounts shall incur a late fee of % per month (or the maximum lawful rate) on overdue balances, plus reasonable costs of collection, including attorney fees if applicable.

Change Orders

Warranties, Insurance and Indemnity

Contractor warrants that materials and workmanship shall be free from defects for a period of months from Substantial Completion, except for ordinary wear and tear and damage from misuse or acts of nature. Any additional manufacturer warranties shall be provided to Client where available.

Contractor shall maintain general liability and workers' compensation insurance in commercially reasonable amounts and shall provide proof of insurance upon request. Contractor indemnifies Client from claims arising out of Contractor's negligence or willful misconduct in performing the Work.

Permits, Approvals and Site Conditions

Permits and approvals necessary for the Work shall be obtained by: Contractor obtains permits Client obtains permits

Inspection, Acceptance and Maintenance

Upon notification by Contractor that the Work is substantially complete, Client shall inspect the Work within calendar days and shall either accept the Work or provide a written punch list of deficiencies to be corrected.

Term, Termination and Notice

Term: This Plan commences on the Effective Date and shall continue through the date of Substantial Completion unless earlier terminated in accordance with this section.

Termination: Either party may terminate for material breach if the breaching party fails to cure within days after written notice. Client may terminate for convenience upon days' written notice, subject to payment for work performed and costs incurred through the termination date.

Confidentiality

Each party shall keep confidential all non-public information provided by the other party in connection with the Project and shall not disclose such information except to its employees, subcontractors and professional advisors on a need-to-know basis, or as required by law. Confidential information does not include information that is or becomes generally available to the public other than by breach of this provision.

Governing Law; Entire Agreement

Governing Law: This Plan 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 Landscaping Project Plan, including any attachments and executed change orders, constitutes the entire agreement between the parties with respect to the Project and supersedes all prior negotiations, proposals and agreements, whether written or oral. No amendment shall be binding unless executed in writing by both parties.

Additional Provisions

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