Miscellaneous Electric Furnace Template

MISCELLANEOUS ELECTRIC FURNACE AGREEMENT

Parties and Recitals

This Miscellaneous Electric Furnace Agreement ("Agreement") is entered into between Client Name: and Contractor Name: .

WHEREAS, Contractor represents that it is duly licensed, equipped and experienced in the supply, installation, repair and servicing of electric furnaces and related equipment; and

WHEREAS, Client desires to procure from Contractor the labor and materials required to perform the work described in this Agreement in accordance with the terms and conditions set forth below; and

WHEREAS, the parties intend that this Agreement set forth the entire understanding between them with respect to the subject matter herein.

Contact and Identification

Scope of Work

Contractor shall furnish all labor, materials, tools, equipment and supervision necessary to perform the work described below, in a good and workmanlike manner and in compliance with applicable codes and standards.

Payment Terms

Total Contract Price: $

Late Payment: If any payment due under this Agreement is not received by Contractor within days after the due date, Client shall pay interest at the rate of per month on the unpaid balance, or the maximum lawful rate if less. Contractor may suspend work for nonpayment after providing written notice.

Term and Termination

Term Commencement Date:    Term Completion Date (estimated):

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days after written notice. For convenience, either party may terminate upon providing days' prior written notice. Upon termination, Client shall pay Contractor for all work performed, materials ordered, and reasonable demobilization costs.

Confidentiality

Each party shall maintain the confidentiality of proprietary information disclosed by the other party in connection with this Agreement and shall not disclose such information to third parties except to its employees, subcontractors and advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those herein. Confidential information does not include information that is or becomes publicly available through no breach of this Agreement, or is rightfully obtained from a third party without restriction.

Insurance, Indemnity and Liability

Contractor shall maintain commercial general liability insurance, worker's compensation and employer's liability as required by law and shall provide certificates of insurance upon Client request. Contractor agrees to indemnify, defend and hold harmless Client from claims arising out of Contractor's negligent performance, subject to any applicable legal defenses and limitations.

Change Orders

Any changes to the Scope of Work, materials or schedule shall be made only by a written change order executed by both parties setting forth adjustments to price and schedule. Contractor shall not be obligated to perform work beyond the agreed Scope without an executed change order.

Warranties

Contractor warrants that materials furnished shall be new unless otherwise specified and that work will be performed in a professional and workmanlike manner for a period of from completion. Manufacturer warranties for equipment shall be passed through to Client to the extent transferable.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to conflict of laws principles. The parties shall first attempt in good faith to resolve any dispute through negotiation. If unresolved, the parties agree to binding arbitration under the commercial arbitration rules acceptable to both parties, with venue in the county where the project is located unless otherwise agreed.

Entire Agreement; Severability

This Agreement, including any attachments and change orders executed in accordance with this Agreement, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, whether written or oral. If any provision is held unenforceable, the remainder of this Agreement shall remain in full force and effect.

Compliance with Laws and Permits

Contractor shall obtain and maintain all licenses, permits and approvals required to perform the Work, and shall perform all work in compliance with applicable building codes, safety regulations and utility requirements. Client shall cooperate in securing access and any permits the Owner is required to procure.

Acceptance

Final acceptance shall occur upon completion of the work described herein, satisfaction of acceptance criteria, and issuance of final invoice. Acceptance shall not relieve Contractor of warranty obligations.

Acknowledgment

The undersigned represent and warrant that they are authorized to execute this Agreement on behalf of their respective parties and that they have read, understand and agree to be bound by its terms.

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