Miscellaneous Exclusion Estimate

MISCELLANEOUS EXCLUSION ESTIMATE

Estimate No.:     Date:

Provider Name:     Provider Contact:

Client Name:     Client Contact:

Recitals

WHEREAS, Provider proposes certain services and materials for the project described below but has identified items and work streams recommended for exclusion from the general contract due to their specialized nature or separate pricing; and

WHEREAS, Client requests a documented estimate of costs and terms for those excluded items so that Client may separately approve, contract, or procure the exclusions; and

WHEREAS, the parties desire to set forth an estimate and the terms under which exclusions may be provided by Provider if Client elects to proceed.

Scope of Work (Excluded Items)

Provider shall provide the following description of excluded work and materials. If Client elects to proceed with any exclusion item, the terms in this Estimate govern that item until superseded by a separate written agreement.

Itemized Exclusion Estimate

The following items are estimated separately as exclusions. Each line item identifies the scope of the excluded work, unit (if applicable), estimated quantity, and estimated cost. All amounts are in U.S. dollars and constitute good-faith estimates subject to adjustment upon mutual acceptance and further site verification.

Payment Terms

The following payment terms apply if Client elects to purchase any exclusion item from Provider. All payments are due in accordance with the schedule below unless otherwise agreed in writing.

Late Payment Fee:    Grace Period:

Term and Termination

This Estimate is effective as of Start Date and, unless otherwise executed by the parties, shall remain valid through the Expiration Date below. Either party may terminate discussions or decline to proceed with any exclusion item upon notice as provided herein.

Start Date:     Expiration Date:

Termination Notice Period: days prior written notice required to terminate the parties' discussions or any accepted exclusion item unless termination is for material breach.

Confidentiality

All non-public business information, pricing, designs, plans, site data, and other material disclosed in connection with this Estimate are Confidential Information. Each party shall hold such Confidential Information in strict confidence and shall not disclose it to third parties except to those employees, consultants, or subcontractors who have a need to know and who are bound by confidentiality obligations no less protective than those set forth herein. Confidentiality obligations shall survive termination of this Estimate for a period of three (3) years.

Governing Law

This Estimate shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

Entire Agreement

This Estimate, including any attachments and accepted item orders executed in writing by both parties, constitutes the entire agreement between Provider and Client relating to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written. Any modifications must be in writing and signed by authorized representatives of both parties.

Estimate Validity; Acceptance

This Estimate is valid until: . Acceptance of any exclusion item requires Client's written or signed authorization referencing this Estimate. Provider reserves the right to adjust pricing following significant changes in labor, materials, or site conditions prior to execution of a separate agreement.

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