Proposal for Hydraulic Elevator Installation

PROPOSAL FOR HYDRAULIC ELEVATOR INSTALLATION

Client Name:     Contractor Name:

Proposal Date:     Reference Proposal No.:

WHEREAS

WHEREAS, Client desires the supply, delivery and complete installation of a hydraulic passenger elevator (the "Work") at the Site Address identified above in accordance with applicable building, safety and accessibility codes; and

WHEREAS, Contractor is licensed, experienced and qualified to furnish labor, materials, supervision and equipment necessary to perform the Work and represents that Contractor will perform the Work in a workmanlike manner and in compliance with all applicable laws, codes and regulations; and

WHEREAS, the parties desire to set forth the terms, scope, schedule and payment terms for the proposed hydraulic elevator installation as set forth in this Proposal and accompanying documents.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, supervision, permits and testing necessary for the complete installation of a hydraulic elevator including but not limited to pit preparation, hoistway modifications, hydraulic power unit, cylinders, car and cab, doors, controls, wiring, finishes and start-up testing. Detailed scope:

ESTIMATE & ITEMIZATION

PAYMENT TERMS

Payment shall be made in accordance with the following schedule. Failure to pay undisputed amounts when due constitutes a material breach.

Late Payment Fee: Interest at (or the maximum allowed by law) shall accrue on overdue amounts. Client shall also pay Contractor's reasonable collection costs, including attorney fees for amounts not paid when due.

TERM AND TERMINATION

This Proposal shall become effective upon Client's acceptance and shall commence on and continue until completion of the Work, anticipated on or before unless earlier terminated in accordance with this paragraph.

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches a material obligation and fails to cure such breach within days after receipt of written notice. Either party may terminate for convenience upon providing days' written notice; in the event of termination for convenience, Contractor shall be paid for Work performed and materials procured to the date of termination, together with reasonable demobilization costs.

CONFIDENTIALITY

Each party shall maintain in strict confidence all proprietary, technical and business information disclosed by the other party and marked or reasonably understood to be confidential. Confidential information shall not include information that is or becomes publicly available other than through a breach of this provision. Confidential information shall be used only for performance under this Proposal and may be disclosed to affiliates, employees and agents on a need-to-know basis who are bound to similar confidentiality obligations.

WARRANTIES, COMPLIANCE & INSURANCE

Contractor warrants that materials and workmanship furnished under this Proposal shall be free from defects for a period of months from substantial completion, except for manufacturer warranties which shall pass through to Client. Contractor shall comply with all applicable codes and shall maintain insurance and workers' compensation as required by law; upon request Contractor will furnish certificates evidencing such coverage.

INDEMNIFICATION

Contractor shall indemnify, defend and hold Client harmless from claims, losses or liabilities arising from Contractor's negligent acts or omissions in the performance of the Work, except to the extent caused by Client's negligence or willful misconduct. Client shall indemnify Contractor to the extent claims arise from Client-supplied design or materials.

GOVERNING LAW

This Proposal and any resulting agreement shall be governed by and construed in accordance with the laws of the state identified below without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in that state.

Governing State:

ENTIRE AGREEMENT

This Proposal, together with any attachments, specifications and approved change orders, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior discussions, proposals and agreements. Any modification must be in writing and signed by authorized representatives of both parties.

ACCEPTANCE

By signing below, Client accepts this Proposal and authorizes Contractor to proceed in accordance with the terms set forth herein. Acceptance is conditional upon execution by both parties and receipt of any required deposit.

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