Project Dam Proposal

PROJECT DAM PROPOSAL

Project Title:

Project Location:

Client Name:

Contractor Name:

Contractor License/Registration No.:

RECITALS (WHEREAS)

WHEREAS, Client Name: seeks design, permitting and construction services for a dam and appurtenant works at the Project Location described above;

WHEREAS, Contractor Name: represents that it possesses the experience, personnel, equipment and licenses necessary to perform the work described in this Proposal; and

WHEREAS, the parties desire to set forth the scope of work, payment terms, schedule, and other terms under which Contractor will perform the Project Dam work for Client.

SCOPE OF WORK

PAYMENT TERMS

Total Contract Amount: $

Initial Deposit: $ due on Day Month Year .

Late Payment: A late fee of will be applied to all past-due amounts after a grace period of 15 days from the due date. Interest accrues monthly on unpaid balances and is computed on the unpaid principal.

TERM AND TERMINATION

Contract Commencement Date: Day Month Year .

Anticipated Completion Date: Day Month Year .

Termination: Either party may terminate this Proposal for material breach if the breaching party fails to cure within days after written notice. Upon termination, Contractor shall be paid for all work performed and documented costs incurred through the effective date of termination.

CONFIDENTIALITY

Each party shall keep in strict confidence all non-public technical, business and financial information disclosed by the other party in connection with this Project (Confidential Information). Confidential Information shall not include information that is publicly available through no fault of the receiving party, lawfully received from a third party, or independently developed without reference to the disclosing party's Confidential Information. The receiving party shall use Confidential Information solely to perform its obligations under this Proposal and shall not disclose it to any third party except to employees, consultants and subcontractors who have a need to know and who are bound by confidentiality obligations at least as protective as those set forth herein.

Parties agree: NDA required? — If checked, parties shall execute a separate non-disclosure agreement prior to disclosure of technical or financial data.

INSURANCE, INDEMNITY AND LIABILITY

Contractor shall maintain insurance customary for dam construction projects, including commercial general liability, automobile liability, workers' compensation and professional liability as applicable. Minimum liability coverage: $ . Certificates of insurance shall be provided to Client upon request.

Indemnity: To the extent permitted by law, Contractor shall indemnify, defend and hold Client harmless from and against third-party claims arising out of Contractor's negligence, willful misconduct or breach of this Proposal, except to the extent such claims are caused by Client's negligence or willful misconduct.

PERMITS AND COMPLIANCE

Contractor shall assist in preparing permit applications and comply with all applicable environmental, safety and construction laws and regulations. Client shall be responsible for fees associated with permit filings unless otherwise stated in the payment schedule.

WARRANTIES

Contractor warrants that all materials and workmanship furnished under this Proposal will conform to the contract documents and applicable industry standards for a period of months from the date of final acceptance. Remedies for breach of warranty shall include repair or replacement at Contractor's expense.

GOVERNING LAW

This Proposal shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of laws principles. Any dispute arising under or in connection with this Proposal shall be resolved in the courts of that State, unless the parties agree in writing to alternative dispute resolution.

ENTIRE AGREEMENT

This Proposal, together with any referenced schedules, drawings, specifications and executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals, discussions and agreements, whether oral or written. No modification, waiver or amendment shall be effective unless in writing and signed by authorized representatives of both parties.

NOTICES

ACCEPTANCE AND EFFECTIVE DATE

This Proposal shall become effective on the date of the later signature below. Effective Date: Day Month Year .

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