Mobile Structures Document

MOBILE STRUCTURES AGREEMENT

This Mobile Structures Agreement ("Agreement") is entered into as of by and between Provider Name: and Client Name: .

RECITALS

WHEREAS, Provider is engaged in the design, manufacture, assembly and delivery of mobile, modular and relocatable structures, systems and appurtenances suitable for commercial, residential or industrial use; and

WHEREAS, Client desires to procure from Provider certain mobile structures and associated services as described in this Agreement and Provider is willing to provide such structures and services under the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows.

SCOPE OF WORK

Provider shall perform the tasks, deliver the structures, and provide the services described below in accordance with the specifications, schedule, and acceptance criteria set forth in this Agreement. Provider shall furnish all labor, materials, equipment and supervision necessary to complete the work unless otherwise specified.

PAYMENT TERMS

Client agrees to pay Provider the fees for the structures and services as set forth below. All fees are exclusive of taxes unless otherwise stated. Unless otherwise agreed in writing, payments shall be made in United States dollars to Provider at the address specified above.

Late Payment: Any undisputed amount not paid within the period specified above shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, and Client shall be responsible for Provider's reasonable collection costs, including attorneys' fees.

TERM AND TERMINATION

This Agreement shall commence on and shall continue in effect until unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within thirty (30) days after written notice. Termination shall not relieve Client of its obligation to pay for work performed or costs reasonably incurred prior to termination.

CONFIDENTIALITY

Each party shall hold in confidence and shall not disclose to any third party without the prior written consent of the other party any proprietary or confidential information of the other party disclosed in connection with this Agreement, including technical data, designs, drawings, financial information and business plans ("Confidential Information"). Confidential Information does not include information that is or becomes publicly available other than as a result of a breach of this Agreement, or information rightfully received from a third party without restriction.

The receiving party shall use the Confidential Information only for the purpose of performing its obligations under this Agreement and shall take reasonable measures to protect such Confidential Information. Upon termination of this Agreement, each party shall return or destroy the other party's Confidential Information as directed by the disclosing party.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction stated below without regard to its conflicts of law principles. The parties hereby submit to the exclusive jurisdiction of the courts of that jurisdiction for any dispute arising under this Agreement.

INDEMNIFICATION

Provider and Client each agree to indemnify, defend and hold harmless the other party from and against any third-party claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's negligence, willful misconduct or breach of this Agreement, except to the extent such claims arise from the negligence or willful misconduct of the indemnified party.

ENTIRE AGREEMENT

This Agreement, including all attachments, exhibits and documents incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and understandings, whether written or oral. No amendment or modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as either party may designate in writing, and shall be deemed given when delivered personally, by certified mail, or by recognized overnight courier service.

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