Water Backup Application

Water Backup Application and Service Agreement

This Water Backup Application and Service Agreement (the Agreement) is made between Applicant Name: and Service Provider Name: .

WHEREAS

WHEREAS, Applicant owns or controls the property identified below and seeks professional services to assess, remediate, install, or otherwise manage water backup risks at that property; and

WHEREAS, Service Provider represents that it is duly qualified, licensed and insured to provide water backup assessment, mitigation, repair and installation services and will perform such services in accordance with applicable standards; and

WHEREAS, the parties desire to document the requested scope of work, payment terms, term and termination, confidentiality obligations and other terms governing the provision of the services.

Applicant Information

Property Information

Property Type: Residential Commercial Other Other description:

Water Backup Details

Nature of issue / requested service: Sewer backup Stormwater ingress Sump pump failure Other

Scope of Work

The Scope of Work shall describe the services to be provided by Service Provider, including assessment, materials, labor, permits and testing. Applicant and Service Provider will confirm final scope, scheduling and any exclusions in writing prior to commencement.

Payment Terms

Applicant agrees to pay Service Provider as follows. Payment obligations are due whether or not Applicant obtains insurance proceeds; Applicant is responsible for timely payment.

Service Provider shall invoice Applicant according to the schedule above. Unless otherwise stated, invoices unpaid after the due date are subject to the Late Fee plus collection costs, including reasonable attorney fees.

Term and Termination

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated as provided below.

Either party may terminate this Agreement for convenience upon written notice delivered at least Notice Period: days prior to termination. Material breach not cured within 14 days after written notice shall permit the non-breaching party to terminate immediately.

Confidentiality

Each party agrees that Confidential Information disclosed by the other will be used solely for performance of this Agreement and will not be disclosed to third parties except to agents or subcontractors who require access to perform the services and are bound by confidentiality obligations at least as protective as those contained herein. Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, already known by the receiving party without restriction, or required to be disclosed by law or court order upon notice to the disclosing party to permit a protective order or similar relief.

Insurance and Liability

Service Provider shall maintain commercial general liability and workers' compensation insurance as required by applicable law while performing work under this Agreement. Service Provider's liability for direct damages arising from its performance shall be limited to the total amount paid by Applicant under this Agreement, except for damages resulting from gross negligence or willful misconduct. Neither party shall be liable for incidental, consequential, punitive or special damages.

Inspections, Permits and Access

Applicant authorizes Service Provider, its employees and contractors to access the Property during agreed hours to perform the scope of work. Applicant is responsible for obtaining any required permits unless otherwise agreed in writing. Applicant certifies that it has provided full disclosure of any known hazards, utilities locations and relevant site conditions.

Yes, Applicant authorizes access as described above.

Representations and Warranties

Each party represents and warrants that it has authority to enter into this Agreement and that performance will comply with all applicable laws. Service Provider warrants that services will be performed in a professional manner consistent with industry standards for similar services.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state where the Property is located: , without regard to choice-of-law principles. Venue for any dispute shall be the courts located in that state.

Entire Agreement

This Agreement, together with any written scope attachments and acknowledged 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 modification is effective unless signed by both parties.

Applicant Certification

By signing below, Applicant certifies that the information provided in this application is true and complete to the best of Applicant's knowledge, that Applicant has authority to authorize the described work at the Property, and that Applicant agrees to the terms and conditions set forth in this Agreement.

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