Swimming Pools Agreement

SWIMMING POOLS AGREEMENT

Parties

Recitals

WHEREAS, Owner is the legal owner of the real property located at (the "Property"); and

WHEREAS, Contractor is engaged in the business of designing, constructing and installing swimming pools and related equipment and has represented that it possesses the experience, skill, licenses and insurance necessary to perform the work described herein; and

WHEREAS, Owner and Contractor desire to set forth their agreement for the design and construction of a pool and related improvements pursuant to the terms and conditions contained in this Agreement, with an effective date of .

Scope of Work

Contractor shall furnish all labor, materials, equipment, supervision and services necessary to design, excavate, construct, finish and commission a swimming pool and associated site work at the Property in accordance with the plans, specifications and allowances described below. Work shall include, but is not limited to:

Attachments, drawings and specifications incorporated by reference:

Project Schedule

Scheduled start date: . Estimated substantial completion date: .

Payment Terms

Owner shall make payments in accordance with the payment schedule. All payments are due within days of Contractor's invoice unless otherwise specified.

Late payments shall incur a late charge of or a finance charge of , whichever is greater, from the due date until paid in full. Contractor may suspend work after written notice if payments are delinquent.

Change Orders

Any change to the Scope of Work that affects cost, schedule, or materials shall be documented in a written Change Order signed by both parties. Change Orders shall describe the work, price adjustment and any schedule impact. No work outside the Scope of Work is authorized without a signed Change Order.

Permits, Inspections & Compliance

Contractor shall obtain and pay for all permits, licenses and inspections required for the work unless otherwise agreed in writing. Work shall comply with all applicable codes, statutes and regulations. Any fines or corrections resulting from Contractor non-compliance shall be Contractor's responsibility.

Insurance, Indemnity & Warranties

Contractor shall maintain commercial general liability and workers' compensation insurance in amounts customary for similar projects and shall provide proof of insurance upon request. Contractor shall indemnify and hold Owner harmless from claims arising from Contractor's negligence or willful misconduct. Contractor warrants workmanship for a period of from substantial completion, subject to manufacturer's warranties for equipment and materials.

Term and Termination

This Agreement commences on the Effective Date and continues until completion of the Scope of Work and final payment, or until terminated as provided below. Start date: . Expected end date: .

Either party may terminate this Agreement for material breach by the other party if the breach is not cured within days after written notice. Owner may terminate for convenience upon days' prior written notice; Contractor shall be entitled to payment for work performed and documented costs plus reasonable demobilization expenses.

Confidentiality

Each party shall treat as confidential all non-public technical, financial and business information disclosed by the other party in connection with this Agreement. Confidential information shall not include information that is or becomes generally available to the public through no fault of the receiving party, is rightfully received from a third party without breach of any obligation of confidentiality, or is independently developed. The receiving party shall use confidential information solely for performance of this Agreement and shall restrict disclosure to employees or subcontractors with a need to know and under obligations of confidentiality no less protective than those herein.

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. Venue for any legal action arising under this Agreement shall be in the state or federal courts located in the county where the Property is located.

Entire Agreement

This Agreement, including referenced attachments, exhibits and any signed Change Orders, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, representations or agreements, whether written or oral. No amendment or modification shall be effective unless in writing and signed by both parties.

Miscellaneous Provisions

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force. Neither party may assign this Agreement without the prior written consent of the other, except that Contractor may assign to a successor performing substantially all of its obligations. Notices shall be in writing and delivered to the addresses set forth above or to such other address as a party designates in writing.

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