Miscellaneous Flag Pole Light

MISCELLANEOUS FLAG POLE LIGHT AGREEMENT

This Agreement is made effective as of , (the "Effective Date"), by and between:

Client Name:

Client Address:

Contractor Name:

Contractor Address:

RECITALS

WHEREAS, Client desires the installation, repair, or modification of lighting affixed to or associated with a flag pole located at: (the "Site"); and

WHEREAS, Contractor is duly qualified, experienced, and equipped to provide flag pole lighting services and shall perform such services in accordance with the terms of this Agreement; and

WHEREAS, the parties wish to set forth the scope, payment, schedules, and other terms governing the Services to be performed by Contractor.

SCOPE OF WORK

PAYMENT TERMS

Total Contract Price: $

Deposit: payable upon execution of this Agreement. Balance payable as set forth below.

Late Payment Fee: If any undisputed sum remains unpaid past the due date, interest shall accrue at on the overdue amount, or the maximum rate allowed by law, whichever is less.

Payment Method: Check    Wire Transfer/ACH    Credit Card

TERM AND TERMINATION

Work to commence on or about , and substantially complete by , , subject to extensions for change orders and excusable delays.

Either party may terminate this Agreement for material breach by the other party if the breach is not cured within days after written notice. Either party may terminate for convenience with days' prior written notice. Termination shall be without prejudice to any accrued rights or obligations.

CONFIDENTIALITY

Each party shall retain in confidence all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information ("Confidential Information"). Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was lawfully in the receiving party's possession prior to disclosure; or (c) is rightfully received from a third party without restriction. The receiving party shall not disclose Confidential Information to any third party except as required by law or with the disclosing party's prior written consent. Upon termination of this Agreement, the receiving party shall return or destroy Confidential Information as directed by the disclosing party.

INSURANCE, WARRANTY AND INDEMNIFICATION

Contractor shall maintain commercial general liability insurance and workers' compensation as required by law, and provide certificates upon Client's written request prior to commencing work. Contractor warrants for a period of from completion that materials and workmanship will be free from defects. Remedies under this warranty are sole and exclusive and limited to repair or replacement at Contractor's option.

Contractor shall indemnify and hold harmless Client from claims, damages, losses and expenses arising out of Contractor's performance, except to the extent caused by Client's negligence or willful misconduct.

CHANGE ORDERS

Any change in scope, specifications, or price shall be documented in a written change order signed by both parties, which shall describe the change, any adjustment to the Contract Price, and any extension of time.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles. The parties shall attempt in good faith to resolve disputes promptly by negotiation. If unresolved, disputes may be submitted to binding arbitration under commercially reasonable rules, unless the parties agree otherwise in writing.

ENTIRE AGREEMENT

This Agreement, together with any executed change orders and attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous proposals, negotiations, and agreements, whether written or oral. No amendment shall be binding unless in writing and signed by both parties.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or such other address as a party may designate in writing. Notices shall be deemed given when delivered in person, by confirmed electronic transmission, or three (3) days after deposit in the U.S. mail, postage prepaid.

REPRESENTATIONS

Each party represents that it has the full power and authority to enter into and perform its obligations under this Agreement, and that execution and delivery of this Agreement has been duly authorized by all necessary corporate or other action.

Sign Now