Miscellaneous Garden Tub

MISCELLANEOUS GARDEN TUB AGREEMENT

This Miscellaneous Garden Tub Agreement ("Agreement") is entered into effective as of by and between:

RECITALS

WHEREAS, Client desires to procure certain services and materials relating to a garden tub installation, repair, or modification (the "Project") to be performed at the property located at ;

WHEREAS, Contractor represents that it has the skill, experience, equipment and licenses necessary to perform the Project and is willing to perform such services under the terms and conditions set forth in this Agreement;

WHEREAS, the parties desire to reduce their understandings to writing and to set forth the respective obligations of each party with respect to the Project.

SCOPE OF WORK

Contractor shall furnish all labor, materials, tools, equipment, supervision and services necessary to perform the Project described below in a professional manner consistent with industry standards.

PAYMENT TERMS

The total contract price for the Project shall be $ (the "Contract Price"), payable as set forth below.

Late payments shall incur a late fee equal to of the overdue balance or a one-time charge of $, whichever is greater, until paid in full.

TERM AND TERMINATION

The term of this Agreement shall commence on and shall continue until completion of the Project or until , unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for cause if the other party materially breaches any obligation hereunder and fails to cure such breach within days after written notice. In addition, the Client may terminate for convenience upon days' prior written notice, subject to payment for work performed and materials ordered through the effective date of termination.

CONFIDENTIALITY

Each party agrees that it shall not disclose to any third party, and shall use only in connection with performance under this Agreement, any confidential or proprietary information of the other party that is designated in writing as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential information does not include information that is or becomes publicly available without breach of this Agreement, is independently developed by the receiving party without use of disclosed confidential information, or is required to be disclosed by law, provided the disclosing party is given prompt notice and the disclosure is limited to the extent legally required.

LIMITATION OF LIABILITY AND INSURANCE

Contractor shall maintain at its expense commercial general liability insurance and, where applicable, workers' compensation insurance in amounts customary for the trade. Except for liability arising from gross negligence or willful misconduct, neither party shall be liable to the other for incidental, consequential, special or punitive damages. Contractor's aggregate liability for any claim arising out of or related to this Agreement shall not exceed the amount paid to Contractor under this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law principles. Any dispute arising under this Agreement shall be resolved in courts of competent jurisdiction within that state.

ENTIRE AGREEMENT

This Agreement, together with any exhibits, attachments and accepted change orders executed in writing by both parties, constitutes the entire agreement between the parties with respect to the Project and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any amendment to this Agreement must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

The parties acknowledge that Contractor may engage subcontractors to perform portions of the Work provided Contractor remains responsible for the work of such subcontractors. Notices under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party designates by written notice. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect to the extent consistent with the intent of the parties.

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