Planting Planter Plants

PLANTING PLANTER PLANTS AGREEMENT

This Planting Planter Plants Agreement ("Agreement") is entered into as of Effective Date: by and between Client Name: (the "Client") and Contractor Name: (the "Contractor"). The Client and Contractor are collectively referred to as the "Parties."

WHEREAS

WHEREAS, the Client desires the Contractor to provide labor, materials and supervision to plant, place and establish plants within planters located at Project Location: ; and

WHEREAS, the Contractor represents that it has the skill, personnel, equipment and licenses necessary to perform planting services in a professional manner in accordance with industry standards.

SCOPE OF WORK

The Contractor shall perform the planting services described below. The Contractor shall furnish all labor and supervision and, unless otherwise indicated, supply plants, soil amendments and necessary materials.

MATERIALS AND EQUIPMENT

Select which party will supply the items listed below. If not checked, the supplying party assumes responsibility for procuring and delivering items consistent with the project schedule.

Contractor will supply plants and soil amendments.
Client will supply planters and soil (Client must ensure planters meet specifications below).
Shared supply arrangement (specify details in Scope of Work).

SCHEDULE AND MILESTONES

The Contractor shall commence work on or about Start Date: and shall use commercially reasonable efforts to achieve the following milestones.

PAYMENT TERMS

The Client agrees to pay the Contractor the Total Contract Price as set forth below. Payments shall be made in U.S. dollars in accordance with the schedule below. All sums are due in full when invoiced unless a payment schedule is agreed in writing.

All invoices are due net upon receipt unless otherwise specified. Client shall notify Contractor in writing of any disputed charges within seven (7) days of receipt of an invoice; disputes will not relieve the Client of its obligation to pay undisputed amounts when due.

TERM AND TERMINATION

This Agreement shall commence on Start Date: and shall terminate on End Date: unless earlier terminated in accordance with this section.

Either Party may terminate this Agreement for convenience upon written notice to the other Party at least Notice Period (days): days prior to the proposed termination date. If the Client terminates for convenience after Contractor has commenced work, Client shall pay Contractor for work performed, reasonable demobilization costs, and any non-refundable purchases made for the project.

CONFIDENTIALITY

Each Party agrees that all non-public business or technical information disclosed by one Party to the other in connection with this Agreement, including planting plans, species lists, pricing, and project methodologies, is confidential and shall not be disclosed to third parties without prior written consent, except as required by law. Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving Party; (b) was already rightfully known to the receiving Party; or (c) is independently developed without use of the disclosing Party’s confidential information.

INSURANCE, WARRANTIES AND LIABILITY

Contractor shall maintain at its expense general liability insurance and workers' compensation as required by law. Contractor warrants that plants will be healthy and free from disease at time of installation; warranty against plant failure shall extend for Warranty Period (days): days subject to normal establishment and maintenance conditions. Except for the express warranty stated above, Contractor disclaims all other warranties, express or implied.

INDEMNIFICATION

Each Party shall indemnify, defend and hold harmless the other Party from and against any claims, liabilities, damages or expenses arising out of the indemnifying Party's negligent acts or omissions in the performance of this Agreement, except to the extent caused by the indemnified Party's negligence or willful misconduct.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral. Any modification to this Agreement must be in writing and signed by both Parties.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by personal delivery, certified mail, or nationally recognized overnight courier.

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