Miscellaneous Lift with Beam

MISCELLANEOUS LIFT WITH BEAM AGREEMENT

Parties and Recitals

This Agreement is entered into as of (the "Effective Date"), by and between ("Client") and ("Contractor").

WHEREAS, Client requires the provision of lifting services involving the use of a beam and associated rigging to lift, place, or remove specified equipment or materials at the job site identified herein; and

WHEREAS, Contractor represents that it is duly qualified, experienced, and equipped to perform the lift operations in accordance with industry standards, applicable safety requirements, and the terms of this Agreement; and

WHEREAS, the parties desire to set forth the scope, payment, scheduling, and allocation of risk for the lift operation.

Project and Job Site

Scope of Work

Contractor will furnish all labor, equipment, supervision, and materials necessary to perform the lift described below in a safe and workmanlike manner in accordance with applicable laws, codes, and industry standards. The specific tasks include but are not limited to:

Schedule

Planned lift date(s):    Estimated on-site start time:

Estimated duration (hours):

Payment Terms

Client shall pay Contractor the total sum of $ for the services described herein, subject to adjustments for agreed change orders, taxes, and permit fees.

Deposit required to secure booking: $. Final payment due within days of completion and acceptance.

Late payment shall incur interest at per month on overdue balances, and any collection costs, including reasonable attorneys' fees, shall be the responsibility of the Client.

Term and Termination

Term Commencement Date: . Term Expiration Date: .

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate immediately for material breach by the other party if the breach is not cured within days following written notice of the breach.

Upon termination, Client shall pay Contractor for all services performed and costs incurred through the effective date of termination, including demobilization costs where applicable.

Insurance, Permits and Safety

Contractor shall maintain commercial general liability and workers' compensation insurance in amounts reasonably customary for the industry and shall, upon reasonable request, provide evidence of such insurance. Contractor shall be responsible for safe performance of the lift and compliance with applicable safety standards.

Client is responsible for obtaining any site-specific permits, right-of-entry, and for confirming site conditions. Contractor shall notify Client promptly of any undisclosed conditions that may affect safe performance or cost.

Confidentiality

Each party shall hold in strict confidence all proprietary, technical, commercial, and financial information received from 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 shall not include information that: (a) is publicly known through no breach of this Agreement; (b) is independently developed by the receiving party without use of Confidential Information of the disclosing party; or (c) is required to be disclosed by law, provided that the receiving party gives prompt written notice and cooperates in any lawful effort to limit disclosure.

The receiving party shall use Confidential Information solely for the performance of this Agreement and shall restrict disclosure to those of its employees, agents, or subcontractors having a need to know and who are bound by confidentiality obligations no less restrictive than those herein.

Indemnification and Limitation of Liability

Contractor shall indemnify and hold harmless Client from and against claims, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from Contractor's negligent acts or omissions in performing the lift. Client shall indemnify and hold harmless Contractor from and against claims arising from Client's negligence or misrepresentations regarding site conditions or load information.

Except for liability arising from gross negligence or willful misconduct, neither party shall be liable to the other for special, consequential, incidental, or punitive damages.

Governing Law

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

Entire Agreement; Amendments

This Agreement, including any attachments, schedules, or executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No amendment to this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

Miscellaneous Provisions

If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other party, except to an affiliate or successor in interest.

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