Project Tender Schedules

PROJECT TENDER SCHEDULES

This Project Tender Schedules document (the "Schedules") is entered into between the parties identified below for the purpose of defining the deliverables, timelines, and payment milestones attaching to the Project described herein. The parties acknowledge that these Schedules form an integral part of the underlying agreement governing the Project and that adherence to the schedules and milestones is a material obligation.

WHEREAS

WHEREAS, Client Name: and Contractor Name: intend to proceed with the Project pursuant to the terms and schedules set forth below;

WHEREAS, the parties desire to set forth detailed Tender Schedules identifying specific work items, milestones, dates, and payment triggers so as to ensure timely performance and measurable acceptance criteria.

PROJECT IDENTIFICATION

SCOPE OF WORK

The Contractor shall perform the work described in the following Tender Schedules. Each schedule line item constitutes a discrete deliverable or activity, with its own completion criteria, testing or inspection requirements, and payment trigger. The Contractor warrants that all work will be performed in a professional and workmanlike manner and in accordance with the applicable industry standards.

TENDER SCHEDULES (ITEMIZED)

The following table identifies up to six tender items. Each item must be completed and accepted by the Client in accordance with the acceptance criteria set forth in this document for the associated payment milestone to become payable.

PAYMENT TERMS

The Client shall pay the Contractor in accordance with the payment schedule below. All payments are subject to the Client's verification and acceptance of the completed milestones and any agreed retention.

Unless otherwise specified, invoices issued by the Contractor shall be due and payable within the number of days set forth in the payment schedule following Client acceptance. The Client may withhold payment for any portion of the Work not performed in accordance with the accepted Tender Schedules, pending cure.

TERM AND TERMINATION

The Schedule term and obligations shall commence on Commencement Date: and continue until Completion Date: unless earlier terminated in accordance with this section.

Either party may terminate for material breach if the breaching party fails to cure within 14 days after written notice specifying the breach, or immediately for insolvency or abandonment. Upon termination, the Contractor shall be entitled to payment for work properly performed and accepted up to the effective date of termination, less any set-offs permitted under the Agreement.

CONFIDENTIALITY

Each party shall keep confidential and not disclose to any third party any Confidential Information received from the other party, except as required by law or as necessary to perform its obligations under these Schedules. Confidential Information includes technical data, pricing, designs, specifications, and the terms of this document. 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. This obligation survives termination for a period of three (3) years.

GOVERNING LAW

This Schedule shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the courts of that State for disputes arising out of or in connection with these Schedules.

REPRESENTATIONS; COMPLIANCE

Each party represents that it has the corporate authority and legal power to enter into these Schedules. The Contractor represents that it will comply with all applicable laws, codes, regulations and industry standards in performing the Work and shall maintain insurance customary for the type of work.

ENTIRE AGREEMENT

These Project Tender Schedules, together with the underlying agreement between the parties referenced herein, constitute the entire agreement with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether written or oral, relating to the same. Any amendment must be in writing and signed by authorized representatives of both parties.

CERTIFICATION

The undersigned certify that the information provided in these Schedules is accurate and that they are authorized to execute this document on behalf of their respective parties. Submission of knowingly false information shall constitute a material breach subject to remedies available under law and the governing agreement.

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