OWNER The term *owner shall herein refer to all parties who have signed the face of this Agreement and any and all corporate entities listed therein. Each such entity or individual is deemed to be the receiver of services and/or materials and will be subjected to all of the obligations contained herein.
CONTRACTOR The term *Contractor” shall herein refer to James Vito, Inc.
INSURANCE/ BONDS/ LICENSES/ PERMITS Contractor, at its own cost and expense, will carry all necessary worker’s compensation insurance, general liability insurance, property damage insurance, bonds, licenses and or/ permits necessary to be in compliance with state, county, and or/ local ordinance. This agreement and its Bonds will be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
CHANGE-ORDERS/ADDITIONS & DEDUCTIONS No Alterations, except as provided for herein, shall be made in the work covered by the Agreement, except upon written order of Contractor and when so made the value of the work to be added or omitted shall be stated in the change order and the amount added and/or deducted from the contract consideration.
HAZARDOUS MATERIALS The Owner hereby affirms that prior to the commencement of work by Contractor, there are no hidden or exposed toxic waste materials on site as defined pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) 42 U.S.C. 9601 et. Seq; Toxic Substances Control Act (“TSCA”), 15 U.S.C. 2601 et seq. And any other relevant state law and/or regulation. The Owner further acknowledges, in the event the Contractor disturbs pre-existing hazardous materials, including but not limited to asbestos, the Owner will be fully liable to the Contractor and/ or others harmed as a result and Owner will bear all costs of abatement to clean the affected areas. Owner agrees to indemnify, safe and hold Contractor harmless from any and all liability and/ or damage for toxic waste related injuries and/or illnesses to Contractor and persons employed by Contractor and/or other parties as a result of or arising out of pre-existing hidden or exposed job site toxic wastes, except for actions performed by Contractor that are reckless or intentional. Contractor shall take all reasonable and necessary precautions for the safety of all persons employed in and/or acting as licensees or invitees to the Project. Contractor agrees to comply with all municipal, state and federal coeds, laws, and ordinances, rules and regulations. “Laws” shall include federal and state tax laws, social security, worker’s compensation, unemployment, federal and state occupational safety and health acts, any condominium and homeowner regulations, if applicable, and licensing laws.
DIFFERING SITE CONDITIONS If conditions are encountered at the site which are sub-surface or otherwise concealed physical conditions which differ materially from what is indicated in this Agreement; unknown physical conditions which differ materially from those ordinarily found to exist and generally recognized as inherent in the construction activities of the character provided for in the Agreement, and if the condition will increase Contractor’s cost of or time required for performance of any of the work; the Contractor shall immediately notify the Owner in writing and an equitable adjustment in the Contract sum and/or time shall be accordingly permitted. These conditions are inclusive of but not limited to rock encountered in excavation for septic tank, disposal system, sanitary sewer piping, water piping or any underground utility.
WARRANTIES Contractor warrants to Owner that all work and materials will be in accordance with the contract and will not be defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or operations or normal wear and tear under normal usage. CONTRACTOR MAKES NO WARRANTY OR MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR DOES THE CONTRACTOR MAKE ANY OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND. Contractor shall not be liable for any incidental or consequential damages, whether or not arising out of any defect, delay, non-delivery, shortage, negligence or strict liability. Contractor’s maximum liability for defective materials shall not in any case exceed the contract price for the value of the goods claimed to be defective or unsuitable for placement thereof.
DISPUTE RESOLUTION At the sole discretion of the contractor or by mutual agreement of the parties to this contract, all disputes, claims arising by virtue of this Agreement or work on the Project shall be submitted to arbitration in accordance with the provisions then obtaining of the American Arbitration Association (“AAA”). In the event arbitration is elected as provided for above, this agreement shall be specifically enforceable under the prevailing arbitration law and judgment upon the award rendered may be entered in any court of the forum having jurisdiction. It is mutually agreed that the decision of the arbitrators shall be a condition precedent to any right of legal action that either party may have against the other. The Contractor’s rights shall be cumulative and in addition to and not I limitation of all other legal or equitable rights and remedies under this Agreement. The parties hereby waive any and all right to trial by jury, in any action commenced by either party with respect to this Agreement or any matter arising out of this Agreement of any matter in relation to work, labor, services or materials furnished.
JURISDICTION VENUE This Agreement shall be governed by the laws of the State of Maryland. Owner consents that in the event litigation is commenced in Maryland by either party, then the proper venue for said dispute shall be in Montgomery County, Maryland.
PAYMENT/DEFAULT Terms are net 30 unless otherwise noted herein. Payment past due shall be deemed a default. The breach of any provision of this Agreement will constitute default which includes, but is not limited to, the insolvency of the Owner, voluntary or involuntary filing of bankruptcy by the Owner or a receiver to be appointed for the Owner by any court of competent jurisdiction. In the event of default, the Contractor shall be entitled to terminate this Agreement. The defaulting Owner shall pay all expenses, cost and reasonable attorney’s fees for trial, appeal or other action caused by its default, in addition to any loss or damage caused thereby, with interest on the total sum at 20% per annum. Payment of all or part of the specified items does not relieve the defaulting party of its obligation to perform.
TERMINATION If work is stopped due to no act or fault of the Contractor, Contractor upon written notice by first class mail to the Owner’s last known mailing address, may terminate the contract and recover from the Owner payment for all work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery including profit and damages.
CONTRACTOR’S LIABILITY Contractor will only be liable for contract’s and/or change orders made by its agent if, and only if, the agent has express authority to enter into the aforementioned with the Owner. Furthermore, the liability of the Contractor shall not exceed the total contract price.
HOOK-UP FEES Contractor will give to proper authorities all requisite notices relating to the work. However, Owner will procure and pay for all necessary official licenses, permits, tapping fees, utility fees or costs for relocating utility sources or utility obstructions in order to carry on the work. Any and all transportation tax, sales tax, or any other tax that might accrue for the purchase of materials or amounts paid for labor by Contractor or occasioned by Contractor’s performance of this Agreement, shall be borne and paid for by the Owner unless otherwise noted herein.
INDEMNIFICATION Owner hereby agrees to indemnify Contractor for any third party claims made pursuant to the terms of this Agreement that do not involve the acts of Contractor which may be deemed negligent, reckless, or intentional.
SEVERABILITY In the event any provision of this Agreement is held to be unenforceable, then the balance of the Agreement shall survive. Time is of the essence.
LIQUIDATED DAMAGES The Owner has reviewed any and all documents and understands that the Contractor will be damaged by delay beyond a per diem amount for interest, overhead and loss of opportunity.
INTEGRATION CLAUSE This Agreement contains the entire understanding between the parties and no prior written or oral proposal, agreements, representations or statements made by any of Contractor’s officers, or agents, before execution of this Agreement are valid unless the provisions of this Agreement shall be binding upon Customer if set forth in writing. The Contractor shall not negotiate any changes with anyone except the Owner or his authorized representative.