Weatherization Agreement

WEATHERIZATION AGREEMENT

This Weatherization Agreement (the "Agreement") is made between the parties identified below on the date of signature. Client Name:    Client Address:

Contractor Name:    Contractor Address:

Recitals

WHEREAS, Client owns or occupies the property located at the address set forth above (the "Property") and desires to improve the energy efficiency, health, and comfort of the Property through weatherization measures; and

WHEREAS, Contractor is experienced and qualified to perform weatherization services including but not limited to air sealing, insulation installation, duct sealing, and related diagnostic testing, and has represented that Contractor will perform such work in accordance with applicable building and safety standards; and

WHEREAS, the parties desire to set forth the scope of work, payment terms, schedules and other material terms and conditions under which the Contractor will perform weatherization services at the Property.

Scope of Work

Contractor shall furnish all labor, materials, tools, equipment, and supervision necessary to complete the Scope of Work in a good and workmanlike manner consistent with industry standards. Any deviation from this Scope of Work shall require a written change order signed by both parties.

Payment Terms

Client shall pay Contractor in accordance with the Payment Schedule. Unless otherwise specified, Contractor may withhold final deliverables and documentation until full payment is received. Payments not received within days of the due date shall incur a late fee of of the unpaid balance, compounded monthly to the extent permitted by law.

Term and Termination

This Agreement commences on Start Date: and continues through End Date: unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches any obligation and fails to cure such breach within days after receipt of written notice. Either party may terminate without cause upon providing days' prior written notice. Upon termination, Client shall pay Contractor for work performed to the effective date of termination, including any non-cancellable obligations incurred by Contractor.

Confidentiality

Each party shall treat all non-public business and technical information obtained from the other party that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information") as confidential and shall not disclose such information to any third party except as required by law or as necessary to perform its obligations under this Agreement. Confidential Information shall not include information that (i) is or becomes publicly available through no fault of the receiving party, (ii) was already lawfully in the receiving party's possession, or (iii) is independently developed by the receiving party without use of the disclosing party's Confidential Information. Upon termination or request, the receiving party shall return or destroy the disclosing party's Confidential Information.

Safety, Permits and Compliance

Contractor shall comply with all applicable laws, codes and regulations and shall obtain required permits at Contractor's expense unless otherwise agreed in writing. Contractor shall follow industry-recognized safety practices and shall be responsible for the supervision and safety of its personnel. Client shall provide reasonable access to the Property and shall remove or protect personal items as necessary for safe performance of the work.

Warranties, Insurance and Indemnity

Contractor warrants that materials and workmanship furnished under this Agreement shall be free from defects for a period of from substantial completion, except for defects caused by ordinary wear and tear or Client's negligence. Contractor shall maintain commercial general liability insurance and workers' compensation as required by law and shall provide proof of such insurance upon request. Contractor shall indemnify and hold harmless Client from and against claims arising from Contractor's negligence or breach of this Agreement.

Acceptance and Testing

Upon completion of the Scope of Work, Contractor shall perform applicable diagnostic testing (e.g., blower door, duct leakage) and shall provide a written report of findings and actions taken. Client shall have days to inspect and notify Contractor of any nonconforming work. Absence of timely notice shall constitute acceptance.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles. The parties shall attempt in good faith to resolve disputes through negotiation. If negotiation fails, disputes shall be resolved by binding arbitration in accordance with the arbitration rules mutually agreed by the parties, or if no agreement is reached, by arbitration administered in the county where the Property is located.

Entire Agreement

This Agreement, including all exhibits, change orders and attachments signed by both parties, constitutes the entire agreement between Client and Contractor regarding the subject matter hereof and supersedes all prior proposals, negotiations and understandings, whether written or oral. No amendment or waiver shall be effective unless in writing and signed by both parties.

Acknowledgment

By signing below, the parties acknowledge they have read, understand, and agree to be bound by the terms and conditions of this Agreement and that the signatories have the authority to bind the party for which they sign.

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