Project Proposal for Aluminum Wrap

Project Proposal for Aluminum Wrap

Parties and Proposal Identification

Proposal No.:     Date:     Project Location:

Recitals

WHEREAS, Client requires professional services for the supply and installation of an aluminum wrap (the "Work") to exterior surfaces located at the Project Location; and

WHEREAS, Contractor represents that it possesses the necessary experience, personnel, equipment and licenses to furnish the materials and perform the Work in accordance with the specifications set forth in this Proposal; and

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Client and Contractor agree as follows:

Scope of Work

Contractor shall furnish all labor, materials, equipment and supervision required to complete the aluminum wrap installation described below in a professional and workmanlike manner in accordance with applicable codes and industry standards.

Pricing and Payment Terms

The parties agree the contract price for the Work shall be set forth as follows and shall constitute the full compensation for all labor, materials, equipment, permitting and supervision unless otherwise agreed in a written change order.

Late Payment: If any undisputed payment is not received within days after the due date, Client shall pay interest at the lesser of ()% per month or the maximum rate permitted by law, together with any collection costs and reasonable attorney's fees.

Schedule

Expected Commencement Date:     Estimated Substantial Completion Date:

Term and Termination

Term: This Agreement commences on the date signed by both parties and continues until the completion of the Work and final payment, unless earlier terminated in accordance with this section.

Termination for Convenience: Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. In the event of termination for convenience, Contractor shall be paid for all Work performed and materials purchased up to the effective date of termination, subject to reasonable mitigation of costs.

Termination for Cause: Either party may terminate immediately for material breach if the breaching party fails to cure such breach within days after receipt of written notice identifying the breach. Termination for cause shall not relieve the breaching party of liability for damages.

Change Orders

All changes to the Scope of Work that affect price, schedule, or performance shall be documented in a written change order signed by both parties prior to commencement of the changed work. Contractor shall not be obligated to perform change order work without such written authorization.

Confidentiality

Each party agrees to maintain in confidence all non-public technical, financial and business information of the other party obtained in connection with this Agreement ("Confidential Information") and to use such Confidential Information solely for performance under this Agreement. Confidential Information shall not include information that is or becomes generally known to the public other than through the receiving party's breach of this Agreement, or that is rightfully received from a third party without restriction.

The obligations of confidentiality shall continue for a period of years following termination or completion of the Work, unless a longer period is required by law.

Insurance and Indemnification

Contractor shall maintain commercial general liability, workers' compensation and automobile liability insurance in amounts customary for the industry and shall provide certificates of insurance upon request. Contractor agrees to indemnify and hold harmless Client from and against any claims, losses or liabilities arising from Contractor's performance of the Work, except to the extent caused by Client's negligence or willful misconduct.

Warranties

Contractor warrants that materials furnished shall be new and of good quality and that the Work will be free from defects in workmanship for a period of from substantial completion. This warranty does not cover damage resulting from misuse, alteration, or ordinary wear and tear.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Project Location is situated, without regard to conflict of law principles. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in that jurisdiction.

Entire Agreement: This writing constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior negotiations, representations and agreements, whether written or oral. No modification of this Agreement shall be effective unless in writing and signed by both parties.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Acknowledgment and Acceptance

By signing below, the parties acknowledge that they have read, understand and accept the terms and conditions of this Proposal and authorize Contractor to proceed with the Work in accordance with the terms of this Agreement.

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