Paver Installation Waiver

Paver Installation Waiver

Parties and Recitals

WHEREAS, Client Name: , Client Address: , desires installation of pavers at the Property located at: .

WHEREAS, Contractor Name: , Contractor Address: , License/Reg. No.: , agrees to perform paver installation services under the terms of this Waiver.

Effective Date: . This Paver Installation Waiver (the "Waiver") sets forth the allocation of risk, payment terms, and other obligations between Client and Contractor with respect to the installation described below.

Scope of Work

Payment Terms

Any payment not received by the due date shall bear interest at a rate of percent per month, calculated monthly and compounded, plus reasonable collection and legal costs.

Term, Schedule and Termination

Commencement Date: . Estimated Completion Date: .

Either party may terminate for material breach if the breach remains uncured for days after written notice. Upon termination for cause by Contractor, Client shall pay for work completed and materials ordered.

Site Conditions, Permits and Utilities

Client represents that Client is the record owner or has authority to authorize work at the Project Address:

The party responsible for obtaining permits: Contractor Client

Client affirms utilities have been located and marked or that Client accepts responsibility to arrange for utility locate services prior to commencement:

Waiver, Assumption of Risk and Release

Client acknowledges that paver installation involves inherent risks, including but not limited to differential settlement, minor cracking, color variance, and changes in surface drainage. By signing this Waiver, Client expressly assumes all such risks, except to the extent caused by Contractor's gross negligence or willful misconduct.

Client releases and forever discharges Contractor, its agents, employees, subcontractors and insurers from any and all claims, demands, actions and causes of action arising out of or related to ordinary settlement, color variance, efflorescence, or minor cracking following installation. Client acknowledges that corrective measures for natural settling may be necessary and are not covered as a defect unless resulting from Contractor's breach of a specific written warranty set forth herein.

I acknowledge the foregoing Waiver and Release:

Indemnification

Client agrees to indemnify, defend and hold harmless Contractor from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of Client's negligence, misrepresentation, failure to obtain required permits, or failure to disclose site conditions. Contractor shall indemnify Client to the extent of Contractor's proven gross negligence or willful misconduct.

Change Orders

Warranty and Disclaimer

Contractor warrants that work will be performed in a workmanlike manner consistent with industry standards for a period of months from completion, limited to repair or replacement of defective workmanship. Materials are covered only to the extent of the manufacturer's warranty, if any. This warranty does not apply to damage caused by settlement, acts of God, subsequent site alterations, vehicle loads exceeding design limitations, or failure to maintain pavers as recommended by Contractor.

Confidentiality

Except as required by law, the parties agree that the terms of this Waiver and any trade secrets, pricing or proprietary methods disclosed in connection with the performance of work shall remain confidential for years following the Effective Date.

Governing Law and Venue

This Waiver shall be governed by and construed in accordance with the laws of the State of . Venue for any dispute shall lie exclusively in the state or federal courts located within that state.

Entire Agreement

This Waiver, together with any written Change Orders and the Scope of Work, constitutes the entire agreement between the parties and supersedes all prior negotiations, proposals, agreements or representations, whether written or oral, relating to the subject matter hereof. No modification shall be effective unless in writing and signed by both parties.

Acknowledgments

Client acknowledges receipt of and opportunity to review this Waiver, has had the opportunity to ask questions, and understands the risks and limitations described herein.

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