Lighting Installation Agreement

Lighting Installation Agreement

Parties and Recitals

This Lighting Installation Agreement (the Agreement) is entered into between Client Name: located at Client Address: (Client), and Contractor Name: with principal place of business at Contractor Address: (Contractor).

WHEREAS, Client desires the supply and professional installation of lighting fixtures, wiring, controls and related equipment at the Client premises described above; and

WHEREAS, Contractor represents that it is qualified, licensed and insured to perform the lighting installation services described in this Agreement and will perform such services in accordance with applicable laws, codes and industry standards; and

WHEREAS, the parties desire to set forth the terms, scope, compensation and other provisions governing the performance of the installation work.

Scope of Work

Work shall commence on or about Start Date: and is estimated to reach substantial completion by Completion Date: . Contractor shall provide all labor, materials and equipment necessary to perform the Scope of Work unless otherwise stated herein.

Permits, Codes and Insurance

Contractor shall, at Contractor's expense, obtain and maintain all permits and inspections required by local authorities for the performance of the Work, and shall perform the Work in compliance with applicable building and electrical codes. Contractor license number: .

Contractor shall maintain commercial general liability and workers' compensation insurance in amounts sufficient for the Work and shall provide certificates of insurance to Client upon request. Client acknowledges Contractor may subcontract portions of the Work to licensed subcontractors.

Payment Terms

All amounts unpaid when due shall accrue interest at the rate of Late Fee: per month (or the maximum allowed by law), plus costs of collection, including reasonable attorneys' fees.

Change Orders

Any changes to the Scope of Work shall be made only by written Change Order signed by both parties which specifies changes to the Work, adjustments to the Contract Price, and adjustments to the schedule. Change order hourly rate for additional labor:

Term and Termination

Term: This Agreement shall commence on Effective Date: and continue until Completion Date: , unless earlier terminated as provided below.

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within Cure Period (days): days after written notice. Either party may terminate for convenience upon Notice Period (days): days' written notice. Upon termination, Client shall pay Contractor for work performed and materials ordered prior to termination, subject to setoffs for Contractor defaults.

Confidentiality

Each party shall keep confidential and shall not disclose to any third party any non-public proprietary information or trade secrets of the other party obtained in connection with the performance of this Agreement, except to the extent disclosure is required by law or reasonably necessary to perform the Work. Confidential information does not include information that is publicly available through no fault of the receiving party or independently developed by the receiving party without reference to the disclosing party's confidential information.

Warranties and Remedies

Contractor warrants that materials furnished shall be new (unless otherwise specified) and that installation shall be performed in a workmanlike manner consistent with industry standards for a Warranty Period (months): months from substantial completion. This warranty excludes damage caused by misuse, acts of God, alterations not performed by Contractor, and ordinary wear and tear.

Client's exclusive remedy for breach of the foregoing warranty shall be repair or replacement of defective Work, at Contractor's option. Except as expressly set forth herein, Contractor disclaims all other warranties, express or implied, including merchantability and fitness for a particular purpose to the maximum extent permitted by law.

Indemnification

Contractor shall indemnify and hold harmless Client from and against claims, liabilities, losses and expenses (including reasonable attorneys' fees) to the extent caused by Contractor's negligence or willful misconduct in connection with performance of the Work. Client shall indemnify Contractor to the extent claims arise from Client-supplied products, designs, or instructions that are defective or infringe third party rights.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Governing State: without regard to its conflict of laws principles. The parties shall attempt in good faith to resolve disputes through negotiation. If unresolved, disputes shall be resolved by binding arbitration or litigation as selected by the prevailing party; venue shall be in the county where the Work is performed unless otherwise agreed in writing.

Entire Agreement; Severability

This Agreement, including any written Change Orders and attachments, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, representations and understandings. No amendment shall be effective unless in writing and signed by both parties. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Miscellaneous Provisions

Attachment list (plans, fixture schedules, specifications): please identify attachments below.

Additional provisions or special conditions:

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