Safety Hazard Assessment Review

Safety Hazard Assessment Review

This Safety Hazard Assessment Review Agreement (the "Agreement") is entered into effective as of by and between Client Name: and Assessment Provider: .

WHEREAS

WHEREAS, Client Name: operates facilities and activities that require periodic evaluation of physical and procedural hazards; and

WHEREAS, Assessment Provider: possesses the requisite expertise to perform a safety hazard assessment review and to provide recommendations to mitigate identified hazards; and

WHEREAS, the parties desire to set forth the scope, payment, confidentiality and other terms governing the performance of the assessment review described herein.

SCOPE OF WORK

Assessment Provider shall perform a safety hazard assessment review of Client facilities, operations and related procedures as described below. The assessment shall include physical inspection, document review, personnel interviews, and a written report containing findings and prioritized recommendations.

HAZARD IDENTIFICATION CHECKLIST

For each identified hazard, provide a concise description, whether the hazard is presently observed, severity rating, recommended corrective action, responsible party, and target completion date.

Present:   Severity (1-5):   Recommendation:   Responsible Party:   Target Date:

Present:   Severity (1-5):   Recommendation:   Responsible Party:   Target Date:

(Add additional hazard items as required in subsequent pages or attachments; each additional item should follow the same format and be incorporated into the final report.)

PAYMENT TERMS

In consideration for the services performed under this Agreement, Client shall pay Assessment Provider as follows.

All amounts are payable in lawful currency. If Client disputes any invoice, Client must provide written notice with specific reasons within ten (10) days of receipt; undisputed portions remain due and payable in accordance with the schedule set forth above.

TERM AND TERMINATION

This Agreement shall commence on Start Date: and continue until End Date: unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon written notice delivered not less than days prior to the intended termination date. Either party may terminate immediately for material breach if the breaching party fails to cure within fourteen (14) days after written notice of such breach.

CONFIDENTIALITY

Each party acknowledges that, in connection with the performance of this Agreement, it may receive Confidential Information of the other party. "Confidential Information" means non-public information disclosed in any form that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Receiving party shall (i) use Confidential Information solely for performance under this Agreement; (ii) restrict disclosure to employees, contractors or consultants who have a need to know and who are bound by confidentiality obligations no less protective than those herein; and (iii) implement reasonable safeguards to protect Confidential Information. Confidential obligations remain in effect for a period of months following termination or expiration of this Agreement, except for information that is or becomes publicly known through no breach of this Agreement or independently developed without use of the disclosing party's Confidential Information.

WARRANTIES AND LIMITATIONS

Assessment Provider represents that services will be performed in a professional and workmanlike manner consistent with industry standards. EXCEPT FOR THE FOREGOING, NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Except for liability resulting from gross negligence or willful misconduct, neither party shall be liable for indirect, incidental, consequential, punitive or special damages arising under this Agreement. The aggregate liability of either party for direct damages arising from this Agreement shall not exceed the total fees paid by Client to Assessment Provider under this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

ENTIRE AGREEMENT

This Agreement, including any schedules and attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

NOTICES

ATTACHMENTS AND REPORT DELIVERY

Assessment Provider will deliver a written report summarizing findings, risk ratings, prioritized recommendations, and an action matrix within days after on-site assessment completion. Any attachments, maps or photographic documentation provided by either party that are incorporated into the report shall become part of the final deliverable.

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