Reglaze Service Agreement

Reglaze Service Agreement

This Reglaze Service Agreement (Agreement) is made effective as of Month Day Year (Effective Date), by and between Client Name: with address at (Client), and Service Provider Name: with address at (Provider).

WHEREAS

WHEREAS, Client desires to have certain glazing surfaces reglazed, resurfaced or otherwise restored in accordance with the Scope of Work set forth below; and

WHEREAS, Provider represents that it has the expertise, equipment and personnel necessary to perform reglazing services in a professional and workmanlike manner consistent with industry standards; and

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows.

1. Scope of Work

Provider shall furnish all labor, materials, tools, equipment and supervision necessary to perform reglazing services described below at the location(s) identified by Client. Provider shall complete the work in accordance with the standards and specifications agreed by the parties and with applicable laws and regulations.

2. Payment Terms

Client shall pay Provider for the services performed under this Agreement the amounts and according to the schedule set forth below. All amounts are in U.S. dollars unless otherwise stated.

Any payment not received within days of the due date shall accrue a late fee equal to percent per month on the outstanding balance, or the maximum lawful rate if less. Client shall also reimburse Provider for reasonable collection costs and attorneys' fees incurred to collect overdue amounts.

3. Term and Termination

This Agreement shall commence on the Start Date and, unless earlier terminated in accordance with this Section, shall continue until the Completion Date.

Start Date: Month Day Year

Completion / End Date: Month Day Year

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Either party may terminate for cause if the other party materially breaches a material obligation and fails to cure such breach within days after receipt of written notice specifying the breach. Termination shall not relieve Client of its obligation to pay for services performed and materials supplied prior to termination, subject to any set-off expressly permitted by this Agreement.

4. Confidentiality

Each party (Recipient) shall hold in confidence and not disclose or use, except in performance of its obligations under this Agreement, any nonpublic, proprietary or confidential information (Confidential Information) disclosed by the other party (Discloser). Confidential Information includes business plans, pricing, technical data, trade secrets, specifications, drawings, and other information reasonably understood to be confidential. Confidential Information does not include information that is: (a) publicly known through no wrongful act of Recipient; (b) rightfully received from a third party without restriction; or (c) independently developed by Recipient without use of Discloser's Confidential Information.

Recipient shall use at least the same degree of care to protect Discloser's Confidential Information as it uses to protect its own confidential information, but no less than a reasonable degree of care. Upon termination or at Discloser's request, Recipient shall return or destroy Confidential Information and certify such return or destruction in writing.

5. Insurance and Indemnification

Provider shall maintain at its expense commercial general liability and workers' compensation insurance in amounts sufficient for the performance of the services. Provider shall indemnify and hold harmless Client from claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of Provider's negligent acts, omissions or willful misconduct in connection with the performance of services under this Agreement, except to the extent caused by Client's negligence or willful misconduct.

6. Subcontracting and Personnel

Provider may engage subcontractors to perform portions of the work provided that Provider remains fully responsible for their acts and omissions. Provider shall ensure that subcontractors comply with the confidentiality, insurance and safety obligations contained in this Agreement.

7. Warranties

Provider warrants that the services will be performed in a professional and workmanlike manner and in accordance with the Scope of Work. For a period of months following completion, Provider shall, at its expense, correct any defects in workmanship reported in writing by Client, provided that the defects were not caused by misuse, improper maintenance, or repairs by others.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. Any dispute arising out of or related to this Agreement shall be resolved in the state or federal courts located in that state.

9. Entire Agreement

This Agreement, together with any exhibits, attachments and written change orders executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and communications, whether oral or written. No amendment or modification shall be effective unless in writing and signed by both parties.

10. Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Provider may assign to an affiliate or in connection with a sale of substantially all of its assets. The headings in this Agreement are for convenience only and shall not affect interpretation.

Notices

All notices, requests, consents and other communications required or permitted under this Agreement must be in writing and sent to the parties at the addresses set forth below or to such other address as either party may designate by notice in accordance with this section.

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