Miscellaneous Lobby Deco Paint

MISCELLANEOUS LOBBY DECO PAINT AGREEMENT

This General Business Agreement ("Agreement") is made and entered into as of Effective Date: by and between Client Name: and Contractor Name: .

RECITALS

WHEREAS, Client operates the property and desires decorative painting and surface treatment services for the lobby area located at (the "Project");

WHEREAS, Contractor represents that it has the requisite experience, skill, equipment and personnel to perform decorative painting, finishes and related preparatory and remedial work in a commercial lobby environment; and

WHEREAS, the parties desire to set forth the terms and conditions governing Contractor's performance, compensation and the parties' respective rights and obligations.

SCOPE OF WORK

Project Start Date:   Estimated Completion Date:

Contractor will supply materials:   Client will supply access and permit responsibilities:

PAYMENT TERMS

Deposit: due by .

Late Payment Fee:  or flat fee: .

TERM AND TERMINATION

Term Commencement Date:   Term Expiration Date:

Either party may terminate this Agreement for convenience upon written notice delivered not less than days prior to termination. Termination for material breach may be immediate if the breaching party fails to cure within days after written notice of breach.

CONFIDENTIALITY

Each party shall keep confidential all non-public information disclosed by the other party in connection with this Agreement ("Confidential Information"). Confidential Information does not include information that (i) is or becomes generally available to the public other than by breach of this Agreement; (ii) was in the receiving party's possession prior to disclosure; or (iii) is rightfully obtained from a third party without restriction. The receiving party shall use Confidential Information solely to perform its obligations hereunder and shall not disclose it except to employees, contractors or advisors who have a need to know and are bound to maintain confidentiality.

Confidentiality Period: years from the date of disclosure. Notwithstanding termination, confidentiality obligations survive termination for the period specified.

CHANGE ORDERS; INSURANCE; INDEMNITY

All changes to the Scope of Work shall be made only by a written change order signed by both parties which sets forth the change, any adjustment to the Contract Price, and any adjustment to the schedule. Contractor shall maintain at its expense commercial general liability insurance and workers' compensation as required by law while performing the Work and shall furnish certificates upon request.

Contractor shall indemnify and hold Client harmless from claims, liabilities and expenses arising from Contractor's negligence or willful misconduct in performance of the Work, except to the extent caused by Client's negligence or breach of this Agreement.

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. Venue for any dispute shall be the state or federal courts located within that State.

ENTIRE AGREEMENT; SEVERABILITY

This Agreement, including any exhibits and executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

NOTICES

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