Contract Issues Summary: Service Agreement - Water - 4300 S. Alton Pl., Greenwood Village CO 80111 - unsigned-final.md¶
Chunk 1¶
No explicit obligation or risk clauses detected in this chunk.
Chunk 2¶
Potential obligations/risks: - ___ Anatom Solutions, LLC doing business as Anatom Restoration (“Anatom”) Proposes to hereby to furnish material and labor – complete in accordance with the above Scope of Work, for the sum of: $________(“Contract Amount”) plus any supplements or for insurance proceeds plus the deductible, Payment shall be due and paid to Anatom fifteen (15) days after Anatom’s completion of the Scope of Work.
Chunk 3¶
No explicit obligation or risk clauses detected in this chunk.
Chunk 4¶
Potential obligations/risks: - Property Owner/Authorized Representative is responsible for insurance deductible, if applicable, due upon execution of this Contract For the Scope of Work performed hereunder, Property Owner/Authorized Representative shall pay Anatom.
Chunk 5¶
No explicit obligation or risk clauses detected in this chunk.
Chunk 6¶
Potential obligations/risks: - In the event of a default, interest shall accrue from the date of default at the lesser rate of 1.5% per month (18% per annum) or the maximum rate allowed by law with a minimum charge of $5.00 per month. - Financial Assurance - Customer shall, at the written request of Contractor and before the commencement of the Scope of Work (or any time thereafter), furnish to Contractor reasonable evidence that financial arrangements have been made to fulfill the Customer’s obligations to pay Contractor. - Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Scope of Work. - After such evidence has been furnished, the Customer shall not materially vary such financial arrangements without prior written notice to Contractor.
Chunk 7¶
Potential obligations/risks: - Contractor’s Obligation: Contractor shall correct any defects due to faulty workmanship, which appear within 12 months after substantial completion of Contractor’s Scope of Work. - Contractor's obligation and liability under this warranty are limited to the repair or replacement of any defective workmanship, at Customer's site, and shall not in any case extend to any loss of anticipated profits, rents, shutdown or non- operation of the facility, or other consequential loss suffered by Customer from any cause, including defects covered by this paragraph. - Notice: Any warranty claim must be presented in writing to Contractor within 12 months after the substantial completion of Contractor’s Scope of Work, or the claim shall be waived.
Chunk 8¶
Potential obligations/risks: - Notice: Any warranty claim must be presented in writing to Contractor within 12 months after the substantial completion of Contractor’s Scope of Work, or the claim shall be waived. - Permits - Unless otherwise provided in this Contract, all building, construction, and other permits required for the Scope of Work shall be obtained by Contractor Any approval of the Project that may be required by a Homeowner’s Association or similar body shall be obtained by Customer. - Contractor shall not be responsible for delays in the permitting process. - In addition, the Contractor shall be responsible for any and all inspections or tests required by regulatory agencies or code enforcement agencies. - Other Charges - Customer shall pay all taxes, excises, licenses or permit fees, or other governmental charges upon the sale, use, transportation, production or installation of the material, structures, or real property additions and improvements covered by this Contract. - If Contractor is required to pay any such charges, Customer shall promptly reimburse Contractor 8. - Contractor shall not be liable for delays in delivery, fabrication or installation when such delays result from acts of government, acts of God, adverse weather, war, riot, labor disputes, civil insurrection or any other causes beyond Contractor's reasonable control, and the date of performance shall be adjusted for any such delays. - Further, Contractor shall not be responsible for delays in the project caused by the failure of material/equipment suppliers to deliver material, equipment or services in the time and manner agreed upon or in the time and manner anticipated.
Chunk 9¶
Potential obligations/risks: - Contract Amendments - Either Contractor or Customer may propose changes to the Scope of Work, and such changes shall be incorporated into the final design as long as proper adjustments in price and schedule are made. - Facility/Site Conditions - Customer shall provide adequate working and storage areas, utilities, and reasonable access to the job site. - Customer shall pay any additional costs incurred by Contractor as a result of variations in the conditions of the project or site (including but not limited to conditions that were not anticipated by Contractor).
Chunk 10¶
Potential obligations/risks: - Use of Specifications and Drawings - Contractor shall make no use of the specifications, drawings, or other documents except in connection with this Contract. - Customer must notify Contractor of any known hazardous items at the site including; - asbestos, chemicals, lead, or other and Customer shall indemnify and hold harmless Contractor from and against any and all claims arising from or related to these conditions, and Contractor shall be entitled to payment from Customer for all costs, expenses and damages, including reasonable attorneys’ fees and expenses, it incurs as a result of these conditions. - If conditions cause delay to project for more than 1 week, Contractor may terminate this agreement.
Chunk 11¶
Potential obligations/risks: - Neither party shall be required to indemnify the other party for the other party’s negligence. - Customer's Insurance - Customer will procure and maintain the insurance described below: (1) Residential Homeowner’s Insurance or (2) Construction All Risk, (3) Commercial General Liability, and (4) Property/Casualty Insurance.
Chunk 12¶
Potential obligations/risks: - Provide that all losses shall be adjusted with, and made payable to, the Customer or Contractor as their interest may appear. - All deductibles shall be paid by Customer. - Commercial General Liability Insurance: On commercial construction, Customer shall maintain commercial general liability insurance from commencement of the Scope of Work until twelve (12) months after the Project is finally completed. - The limit of liability under such insurance shall be at least $1,000,000 for any one occurrence. - Property/Casualty Insurance: Customer shall purchase and maintain the usual property/casualty insurance on the property and facility in the full replacement value of the property. - Other: All monies received under any such policy shall be applied in or towards the replacement and repair of the Scope of Work that is lost, damaged or destroyed.
Chunk 13¶
Potential obligations/risks: - Other: All monies received under any such policy shall be applied in or towards the replacement and repair of the Scope of Work that is lost, damaged or destroyed. - Customer and Contractor waive all rights against each other and any of their subcontractors, agents, and employees for any damages or liability covered by Customer’s insurance, including any right of subrogation. - 17 Contractor's Insurance - Contractor will provide and maintain, until completion of the Scope of Work, automobile liability insurance, general liability insurance, and workers’ compensation insurance. - Limitation of Liability - IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF ANY WORK PERFORMED FOR CUSTOMER, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFIT, BUSINESS INTERRUPTION, INTEREST, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION OF THE CUSTOMER'S FACILITIES, INCREASED EXPENSES OF OPERATION OF THE PROJECT, THE FACILITY OR OTHER FACILITIES, OR SPECIAL CONSEQUENTIAL LOSS OR DAMAGE, ARISING FROM ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, FIRE. - TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY, IN THE AGGREGATE, OF CONTRACTOR TO CUSTOMER OR ANYONE CLAIMING BY OR THROUGH CUSTOMER, FOR ANY AND ALL LIABILITIES, CLAIMS, LOSSES, EXPENSES, OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO CONTRACTOR’S SERVICES, THE PROJECT, OR THE CONTRACT, FROM ANY CAUSE OR CAUSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, WARRANTY, OR BREACH OF CONTRACT, SHALL NOT EXCEED THE CONTRACT AMOUNT.
Chunk 14¶
Potential obligations/risks: - OR THE CONTRACT, FROM ANY CAUSE OR CAUSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, WARRANTY, OR BREACH OF CONTRACT, SHALL NOT EXCEED THE CONTRACT AMOUNT. - Cancellation - Upon cancellation of this Contract, Customer shall be responsible to Contractor for all costs of cancellation, including (1) the proportionate Contract Amount for all Scope of Work completed, whether shipped or not, prior to Contractor's receipt of notice or cancellation; - (4) all expenses incurred by Contractor by reason of such cancellation, including costs arising from termination of subcontractors and vendors; - This clause shall not limit nor apply to Customer's remedies in the event Contractor shall breach or fail to perform any of the terms of this Contract; - provided, however, that Contractor’s liability shall not exceed the limitation of liability set forth in these Terms and Conditions.
Chunk 15¶
Potential obligations/risks: - Termination - By Contractor: If the Customer fails to make payment for a period of 10 days after the date the payment is due, if Customer repeatedly fails to make product selection or any decision necessary for the advancement of the Contractor’s Scope of Work, or if Customer repeatedly interferes in the work, Contractor may, upon 3 days' written notice to Customer, terminate this Contract. - After termination of this Contract, Contractor is relieved from any other contractual obligations, including all punch-list and/or warranty work. - By Customer: Customer shall have the right to terminate this Contract if Contractor defaults, persistently fails, neglects to carry out the Scope of Work in accordance with this Contract or fails to perform a provision of the Contract. - Prior to termination, Customer shall give Contractor 7 days' written notice of the failures and deficiencies and Contractor shall have 7 days from receipt of said notice to cure any such failure or deficiency. - If the unpaid balance of the Contract Amount exceeds costs of finishing the Scope of Work, such excess shall be paid to Contractor, but if such costs exceed such unpaid balance, Contractor shall pay the difference to Customer, subject to the limitation of liability set forth in these Terms and Conditions.
Chunk 16¶
Potential obligations/risks: - paid to Contractor, but if such costs exceed such unpaid balance, Contractor shall pay the difference to Customer, subject to the limitation of liability set forth in these Terms and Conditions. - The failure of any party to enforce any provision of this Contract shall not be construed to be a waiver of such provision. - Any action arising out of or in connection with this Contract shall be brought in any Court of competent jurisdiction in Arapahoe County, Colorado or in the United States District Court of Colorado. - Assigns -This Contract shall be binding upon the heirs, executors, administrators, successors, survivors, and assigns of the respective parties. - Neither party shall assign this Contract without written consent of the other party.
Chunk 17¶
Potential obligations/risks: - No verbal agreement or conversation with any representative or employee of Contractor, either before or after execution of the Contract, shall affect or modify any of the terms or obligations of this Contract. - Any future modification of this Contract shall be made in writing and executed by Contractor and Customer. - Severability - If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; - all other terms hereof shall remain in full force and effect.