Occupied Resurfacing Agreement

OCCUPIED RESURFACING AGREEMENT

This Occupied Resurfacing Agreement ("Agreement") is made as of by and between Client Name: ("Owner") and Contractor Name: ("Contractor").

WHEREAS

WHEREAS, Owner is the lawful occupant or authorized representative of the real property located at (the "Property"); and

WHEREAS, Contractor is duly qualified to perform resurfacing work and maintains the personnel, materials and insurance necessary to perform resurfacing while the Property remains occupied; and

WHEREAS, the parties wish to set forth the terms and conditions under which Contractor shall perform the resurfacing work described herein while the Property remains occupied.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, supervision and permits necessary to perform resurfacing, including traffic control, staging, surface preparation, application of resurfacing materials, joint treatment, curing, striping (if applicable) and final cleanup (collectively, the "Work") at the Property. Detailed description of the Work, exclusions and special instructions follow.

ACCESS, OCCUPANCY AND SAFETY

Contractor shall conduct the Work with reasonable efforts to minimize disruption to Owner and occupants. Owner acknowledges that noise, dust and temporary access limitations may occur. Owner agrees to provide Contractor with reasonable access to the areas necessary to perform the Work and to cooperate with Contractor's safety and traffic control procedures.

Owner will: permit temporary restricted access to work zones, remove personal vehicles or items from the immediate work area as required.

SCHEDULE

Estimated start date: . Estimated completion date: .

Contractor will make commercially reasonable efforts to adhere to the schedule but is not responsible for delays caused by weather, strikes, supply shortages, regulatory approvals or circumstances beyond Contractor's control. Time is of the essence for purposes of overall project milestones but not for excusable delays.

PAYMENT TERMS

Total Contract Price: $ (inclusive of labor and materials unless otherwise specified).

Deposit due on contract execution: $ . Balance due upon completion and acceptance unless other schedule is set forth above.

Late payment: Any unpaid amount more than days past due shall accrue interest at the lesser of per month or the maximum rate permitted by law. Owner is responsible for reasonable collection costs, including attorney fees, incurred by Contractor to collect overdue amounts.

CHANGE ORDERS

Any change to the Scope of Work, materials, or schedule shall be documented in a written change order signed by both parties. Change orders shall state the additional cost (if any) and impact on the schedule.

WARRANTY

Contractor warrants that the Work shall be free from defects in workmanship for a period of from the date of completion, subject to normal wear and misuse exclusions. Manufacturer warranties for materials, if any, shall run to Owner to the extent assignable.

CONFIDENTIALITY

The parties acknowledge that during performance they may receive confidential or proprietary information of the other party. Each party agrees to hold such information in confidence and not disclose it to third parties except as required by law or necessary for performance of the Work. Confidential information does not include information in the public domain or information independently developed without use of the other party's confidential information.

INSURANCE & INDEMNIFICATION

Contractor shall maintain commercial general liability insurance and workers' compensation coverage as required by law and provide certificates upon request. Contractor agrees to indemnify and hold Owner harmless from claims arising out of Contractor's negligent performance of the Work, except to the extent caused by Owner's negligence or willful misconduct.

TERM AND TERMINATION

This Agreement commences on start date: and shall continue until completion of the Work or end date: , unless earlier terminated as provided herein.

Either party may terminate for material breach if the breaching party fails to cure within days after written notice. Owner may terminate for convenience upon days' written notice; in that event Contractor shall be paid for work performed and reasonable demobilization costs.

COMPLETION, ACCEPTANCE AND REMEDIES

Upon substantial completion, Contractor shall notify Owner and present a final invoice. Owner shall inspect and either accept the Work or provide a written list of items to be remedied within a reasonable time. Except for urgent safety defects, Owner's sole remedy for nonconforming work shall be correction by Contractor or, if Contractor fails to correct, a price adjustment limited to the cost of correction.

GOVERNING LAW

This Agreement shall be construed in accordance with the laws of the State of , without regard to its conflict of laws doctrines.

ENTIRE AGREEMENT

This Agreement, together with any signed change orders, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, written or oral, relating to the Work. No modification shall be effective unless in writing and signed by both parties.

NOTICES

ADDITIONAL TERMS

The parties acknowledge that they have read this Agreement, understand its terms, and that the individuals signing below are authorized to bind the respective parties.

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