Temporary Construction Fence

TEMPORARY CONSTRUCTION FENCE AGREEMENT

This Temporary Construction Fence Agreement (the Agreement) is entered into as of by and between:

Provider Name:

Client Name:

WHEREAS

WHEREAS, Provider is engaged in the business of supplying, installing, maintaining and removing temporary construction fencing and related barricades and access gates; and

WHEREAS, Client desires to retain Provider to provide temporary construction fence and related services at the jobsite identified below, and Provider agrees to perform such services subject to the terms and conditions set forth herein.

JOBSITE

SCOPE OF WORK

Provider will supply, install, maintain and remove temporary construction fence in accordance with the specifications and schedule set forth below. Provider shall perform the work in a competent and workmanlike manner and in compliance with applicable codes and regulations.

EQUIPMENT AND SPECIFICATIONS

Fence Type: Chain-Link Temporary Panel Wood Hoarding

Panel Height:   Panel Length (each):   Total Linear Feet:

Number of Gates:   Gate Widths / Types:

PERMITS, SITE ACCESS, AND UTILITIES

Responsibility for obtaining and paying for any required permits, inspections or approvals for the fence installation will be:

Client shall provide reasonable, unobstructed access and notify Provider of known underground utilities. Provider is not responsible for damage to unmarked utilities. Any relocation or protection of utilities required for installation will be charged as additional work.

INSURANCE, INDEMNITY, AND LIABILITY

Provider shall maintain commercial general liability insurance with limits no less than per occurrence and statutory workers' compensation as required. Provider shall furnish certificates of insurance upon request.

Client shall indemnify, defend and hold Provider harmless from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of Client's negligence, alteration of fencing by third parties, or Client's failure to obtain required permits. Provider's liability for direct damages shall be limited to the amount paid by Client to Provider under this Agreement for the specific work giving rise to the claim. In no event shall Provider be liable for consequential, incidental, special or punitive damages.

PAYMENT TERMS

Late payments shall accrue interest at the rate of on outstanding balances, or the maximum rate permitted by law, whichever is lower. Client is responsible for all collection costs and attorney fees incurred by Provider to collect overdue amounts.

TERM AND TERMINATION

Term Commencement Date:   Term Expiration Date:

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within after receipt of written notice. Provider may remove fencing and retake possession for nonpayment following written notice and opportunity to cure.

MAINTENANCE AND REPAIRS

Provider will perform routine maintenance and adjustments at Provider's expense to maintain fence integrity, except for damage caused by Client, third parties, vandalism, or force majeure, in which case Client shall pay for repairs. Emergency repairs required to secure the site shall be performed promptly; costs for emergency repairs due to Client or third-party acts will be invoiced to Client.

REMOVAL AND SITE RESTORATION

Upon expiration or termination, Provider shall remove the temporary fencing and related materials within after receipt of written notice. Provider will make reasonable efforts to restore the site to pre-installation condition; Client acknowledges that complete restoration may require additional work chargeable to Client.

CONFIDENTIALITY

Each party shall keep confidential all non-public information disclosed by the other party in connection with this Agreement and shall not disclose such information to third parties except to its employees, agents or subcontractors who have a need to know and who are bound to protect the confidentiality of such information. Confidentiality obligations shall not apply to information that is or becomes publicly available through no fault of the receiving party, is rightfully received from a third party without restriction, or is required to be disclosed by law or valid subpoena.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles. The parties agree that any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration or in the state or federal courts located in that state, at Provider's election.

ENTIRE AGREEMENT

This Agreement, including any attached schedules or work orders executed by the parties, constitutes the entire agreement between Provider and Client with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations and understandings, whether written or oral. Any amendment or modification of this Agreement must be in writing and signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties acknowledge that they have read and understand this Agreement and that they are authorized to execute this Agreement on behalf of the entity they represent.

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