Miscellaneous Fence Drawing

MISCELLANEOUS FENCE DRAWING AGREEMENT

This Miscellaneous Fence Drawing Agreement (the Agreement) is entered into as of by and between:

WHEREAS

WHEREAS, Client owns or controls the real property located at (the Property) and desires professional drawing services to depict the proposed fence improvements; and

WHEREAS, Contractor is a qualified designer and drafter of construction drawings and agrees to prepare fence drawings and related documentation in accordance with the terms set forth herein; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the preparation, delivery, and use of the fence drawings.

SCOPE OF WORK

Contractor shall provide professional drawing services for the fence described below. Services include plan view, elevations, materials callouts, basic construction notes, and a site sketch showing property lines, setbacks, and existing features only as identified or disclosed by Client. Drawings are for permitting and contractor bidding purposes only unless otherwise agreed in writing.

Total fence length:    Typical fence height:    Material:

Gates (number and widths):

Setbacks / easements known to Client:

DELIVERABLES & ATTACHMENTS

Deliverable drawing sheets: . Drawing scale: . North arrow included: Yes

Attachments to be delivered with drawings (select applicable): Site plan sketch Property line exhibit Photographs

PAYMENT TERMS

Fee for services: $. Payment schedule: .

Unpaid amounts shall accrue interest at from the due date until paid. Client shall reimburse Contractor for reasonable collection costs, including attorneys' fees, if payment is not made when due.

TERM AND TERMINATION

Term Commencement Date: . Estimated completion or Term End Date: .

Either party may terminate this Agreement for material breach by the other party if the breach is not cured within days after written notice. Upon termination, Client shall pay Contractor for all work performed and expenses incurred through the effective date of termination.

CONFIDENTIALITY

Each party shall treat as confidential and shall not disclose to any third party any proprietary or confidential information of the other party obtained in connection with this Agreement, except information that (a) is or becomes generally available to the public through no breach of this Agreement, (b) was rightfully in the receiving party's possession before receipt from the disclosing party, or (c) is required to be disclosed by law, provided the receiving party gives prompt notice to the disclosing party and cooperates in any lawful effort to limit such disclosure.

REPRESENTATIONS, LIMITATIONS AND INDEMNITY

Client represents that Client is the owner of the Property or is authorized by the owner to obtain drawings and that the information provided to Contractor is accurate to Client’s knowledge. Contractor's drawings are prepared using information provided by Client; Contractor does not locate underground utilities nor verify property corners unless expressly included in the Scope of Work. Contractor shall not be responsible for design defects arising from inaccurate or incomplete information furnished by Client.

To the fullest extent permitted by law, Client shall indemnify, defend, and hold Contractor harmless from and against claims, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of Client's use of the drawings for purposes not contemplated by this Agreement or arising from inaccurate information supplied by Client.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles.

ENTIRE AGREEMENT

This Agreement, including any attachments and exhibits expressly incorporated herein, constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written. Any amendments must be in writing and signed by both parties.

ADDITIONAL TERMS

Permits: Unless expressly included, Contractor is not responsible for securing permits or inspections. Client is responsible for compliance with local codes and for obtaining any necessary permits prior to construction.

Use of Drawings: Drawings prepared by Contractor are instruments of service and Contractor retains copyright in all drawings and documents. Client is granted a limited license to use the drawings for construction of the described fence at the Property only. Any reuse without Contractor's written consent is at Client's sole risk.

ACKNOWLEDGMENT

The parties acknowledge that they have read and understand this Agreement and that the persons signing below are authorized to bind their respective parties to this Agreement.

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