Production Project Build Form

PRODUCTION PROJECT BUILD FORM

Parties and Project Identification

Recitals

WHEREAS, Producer is engaged in the business of assembling, fabricating and delivering production builds, and represents that Producer has the experience, personnel and equipment necessary to perform the services described herein; and

WHEREAS, Client desires to retain Producer to perform a production build for the project identified above under the terms and conditions set forth in this form; and

WHEREAS, the parties intend that this Production Project Build Form together with any attachments and executed change orders constitute the agreement governing the build and acceptance of deliverables.

Scope of Work

Producer shall perform the following build services and deliverables as set forth below. The scope may include design, materials procurement, fabrication, assembly, installation, testing and final delivery. Specific tasks, acceptance criteria and measurable outputs are described in the box below.

Project Schedule & Milestones

The parties agree the following milestones and approximate completion dates will govern the production build. Dates may be adjusted only by written change order signed by both parties.

Due Date:

Due Date:

Due Date:

Payment Terms

Client shall pay Producer for all services and deliverables pursuant to the payment schedule below. All amounts are stated in lawful currency and are exclusive of taxes unless otherwise noted.

Late Payment: . Client agrees to pay all collection costs, including reasonable attorneys' fees, if applicable.

Term and Termination

This Agreement commences on the Start Date set forth below and continues until the Completion Date or until terminated in accordance with this section.

Start Date: — Completion Date:

Termination for Cause: Either party may terminate immediately upon written notice if the other party materially breaches an obligation and fails to cure within a reasonable cure period when cure is practicable.

Change Orders

Any change to scope, schedule or compensation must be executed in a signed written change order describing the change, revised price (if any), and any schedule adjustments. Producer shall not be required to proceed with changed work unless a change order is signed by both parties.

Confidentiality

Each party agrees to treat as confidential and not disclose to third parties any non-public information exchanged in connection with this project, including designs, specifications, pricing, and technical data, except as necessary to perform obligations hereunder or as required by law. Confidential information shall not include information that is publicly available or rightfully received from a third party without a duty of confidentiality.

The receiving party shall use at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care.

Insurance & Indemnification

Producer shall maintain general liability insurance and, where applicable, workers' compensation insurance in amounts customary for the industry. Producer shall indemnify and hold Client harmless from claims arising from Producer’s negligent acts or omissions in the performance of the build, except to the extent caused by Client's negligence.

Acceptance and Warranty

Acceptance shall occur upon formal sign-off by Client or after a specified acceptance testing period indicated in the Scope of Work. Producer warrants that build work will conform to the specifications for a period of ninety (90) days from acceptance, subject to normal wear and tear and Client misuse.

Governing Law; Entire 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.

Entire Agreement: This Production Project Build Form, together with any attachments and duly executed change orders, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior oral or written agreements. No modification is binding unless in writing and signed by both parties.

Additional Provisions

Acknowledgments

Producer represents and warrants that it has full authority to enter into this agreement and that the person signing on behalf of Producer is authorized to bind Producer. Client represents and warrants it has authority to request the work and to bind Client to these terms.

Sign Now