Waterworks Document Template

Waterworks Service Agreement

Parties

This Waterworks Service Agreement (the "Agreement") is entered into by and between Client Name: and Contractor Name: .

Recitals

WHEREAS, Client requires waterworks services including installation, maintenance, repair or improvement of water distribution, treatment, or drainage systems at the project site located at ; and

WHEREAS, Contractor represents that it possesses the necessary licenses, experience, personnel, equipment and insurance to perform the work in accordance with applicable codes, permits and industry standards; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will provide the waterworks services to Client.

Scope of Work

Contractor shall furnish all labor, materials, tools, equipment, supervision and permits necessary to perform the Scope of Work. All work shall comply with applicable federal, state and local laws and industry standards. Contractor will obtain and maintain all required permits and shall notify Client of permit status prior to commencement of work.

Payment Terms

Invoices are payable to Contractor in accordance with the Payment Schedule. Late payments shall incur a late fee of on outstanding balances, or the maximum permitted by law, whichever is less. Client acknowledges that Contractor may suspend work for non-payment after providing days' written notice.

Term and Termination

This Agreement commences on Start Date: and shall continue until End Date: unless earlier terminated as provided herein.

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within days after written notice. Client may terminate for convenience upon days' prior written notice and payment for work performed and non-cancellable commitments incurred through the effective date of termination.

Confidentiality

For purposes of this Agreement, Confidential Information means non-public business, technical and financial information disclosed by a party ("Disclosing Party") to the other ("Receiving Party") in connection with the Scope of Work. Receiving Party shall not disclose or use Confidential Information except as necessary to perform its obligations or as required by law. Confidentiality obligations shall remain in effect for years following termination. Exceptions include information that (a) is or becomes public without breach, (b) is independently developed, or (c) is rightfully received from a third party without restriction.

Insurance and Indemnity

Contractor shall maintain commercial general liability insurance, automobile liability insurance where applicable, and workers' compensation as required by law. Contractor shall indemnify, defend and hold harmless Client from and against claims, liabilities, damages and expenses arising out of Contractor's negligent acts or omissions in performance of the Scope of Work, except to the extent caused by Client's negligence or willful misconduct.

Change Orders

Changes to the Scope of Work shall be made only by written Change Order signed by both parties. Change Orders shall describe adjustments to price, schedule and any other affected terms. Contractor shall not be obligated to proceed with additional work until the parties execute a Change Order.

Default Remedies and Dispute Resolution

The parties shall attempt in good faith to resolve disputes promptly by negotiation. If the parties cannot resolve a dispute within 30 days, they agree to submit the dispute to non-binding mediation before commencing litigation. Each party retains the right to seek injunctive relief where appropriate.

Governing Law

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

Entire Agreement; Amendments

This Agreement, together with any executed Change Orders and attachments, constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior proposals, negotiations and agreements. No amendment or waiver shall be effective unless in writing and signed by authorized representatives of both parties.

Representations and Warranties

Each party represents that it has full power and authority to enter into this Agreement and that its performance will not violate other agreements. Contractor warrants that workmanship shall be performed in a workmanlike manner for a warranty period of months from substantial completion, excluding defects resulting from misuse or third-party modifications.

Notices

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