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Electrical Service & Maintenance Agreement
THIS AGREEMENT is made on [Date] by and between [Name] of [Address], hereinafter referred to as "Utility", and [Name] of [Address], hereinafter referred to as "Contractor", agree as follows:
Contractor will perform the construction of new power lines, maintenance of new and existing power lines as directed by Utility, both above and below ground for Utility in the following areas:
commencing on [Date] and terminating on [Date]. Utility shall from time to time provide directions to Contractor as to what services shall be provided. Such directions shall include times for completion.
Unless Contractor objects in writing within [--] days after receipt of plans as to the proposed time for completion, the time specified by the Utility shall control. In the event of a dispute the parties shall meet and in good faith set a time for completion.
In any case, Contractor shall diligently and expeditiously complete the work which is assigned.
Neither party to this agreement shall be liable to the other for any loss, damages or delay which is a result of factors beyond the reasonable control of the party such as:
inclement weather, which within the trade is considered to be too hazardous for work;
strikes, civil insurrection, which list is not exclusive, but is illustrative.
Contractor is not assured by this agreement of any particular level of work by Utility. Unless specifically provided for herein, this agreement is non-exclusive.
Contractor shall furnish the materials necessary and required for the work. Such materials shall in all respects meet the requirements of Utility and any regulations of competent authorities.
Contractor will complete the work in strict accordance with the plans provided. Such work shall conform to the standards and practices in general and accepted usage in the electrical utility industry, and further, in accordance with any applicable laws or regulations.
Contractor will indemnify and hold harmless Utility from any and all claims and damages related to its performance of this agreement.
Contractor shall at all times maintain policies of public liability insurance and, statutory worker's compensation. Contractor shall provide copies of such policies to the Utility.
Upon request Contractor shall secure bonds which shall indemnify Utility from any claims of mechanic's, materialmen, or worker's liens and claims. The premium for the same shall be reimbursed by the Utility to Contractor upon satisfactory completion of work.
As to each job, Contractor shall provide an affidavit to the Utility upon completion certifying either that: all materialmen, mechanics, workmen and any others who are entitled to file mechanic's or other liens have been paid in full, or,
that certain materialmen, mechanics, workmen and others who are entitled to file mechanic's or other liens have not been fully paid and the identities of the lienor.
Payment shall be in accordance with the schedule attached hereto.
This agreement creates a relationship solely of contractor and independent contractor.
The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof.
This Agreement including any attachments is the entire agreement between the parties and there are no other promises or conditions in any other written agreement.
This Agreement supersedes any prior oral agreements between the parties.
This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.
Neither this agreement nor any right or interest thereunder shall be assigned in any respect whatsoever.
This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.
This Agreement shall be governed by the laws of the State of [State].
Time is the essence of this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].
This Section for Notary:
State of _________
County of ________ [County]
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
My commission expires: _____