2025-494-E-AMS-Expert Aquatics-Pool Deck Concrete Repairs

Browse Search

5 court proceedings, set-off, or self-help repossession; or (f) anything else happens that causes Company to believe that the prospect of payment or performance is significantly endangered or impaired. If Customer is in default on this Agreement, Company may: (a) declare unpaid principal, earned interest, and all other agreed charges Customer owes Company under this Agreement immediately due; (b) use the right of set-off; (c) demand security or new parties obligated to pay amounts due under this Agreement (or both) in return for not using any other remedy; and (d) use any remedy Company has under state or federal law. By choosing any one or more of these remedies Company does not give up Company’s right to use another remedy later. By deciding not to use any remedy should Customer be in default, Company does not give up Company’s right to consider the event a default if it happens again. The Company will agree to engage in best efforts to avoid any work stoppage prior to substantial completion, but the Company cannot guarantee work stoppage will not occur as a result of a) a court order or order from another public authority with jurisdiction requiring all work to be stopped; b) an Act of God or Force Majeure; or c) non-payment by Customer. INSURANCE/LIABILITY: The Company shall maintain and keep in full force the following coverage: • General liability insurance no less than the amount of $1,000,000.00 • Professional liability insurance no less than the amount of $1,000,000.00 • Workers’ Compensation Insurance Company agrees to supply copies of the certificates of insurance to the Customer verifying the above-mentioned insurance coverage upon request. It is the responsibility of the Customer to provide all other insurance coverage. • The company shall not be responsible for any lost or stolen items from the facility including, but not limited to, guest fees, snack bar items, and left behind valuables. • The Company shall not be liable for any damage to the Customer’s pool related to or caused by lifting of the pool as a result of hydrostatic pressure. The Customer shall maintain and keep in full force and affect the following coverage: • Premises liability insurance. • Comprehensive general liability insurance in the amount of no less than $1,000,000.00 each accident and $1,000,000.00 each person. Customer agrees to supply copies of the certificates of insurance to the Company verifying the above-mentioned insurance coverage upon request. It is the responsibility of the Customer to provide all other insurance coverage. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, as they are applied to contracts made and to be performed in that state, regardless of choice of law principles to the contrary. DISPUTE RESOLUTION: Any claim arising out of or related to this Agreement that the parties are unable to resolve without the need for legal assistance shall be subject first to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. If a good faith effort at mediation fails to resolve the disputed issue(s), the parties reserve their rights to proceed with a lawsuit or other legal remedies. In the event of legal action to enforce the rights of either party under the terms of this Agreement, the parties agree that the prevailing party in said legal proceeding shall be entitled to receive as additional damages, any and all litigation expenses, including reasonable attorney’s fees. ACCEPTANCE: Docusign Envelope ID: B4C2662D-2F37-49AF-9B7C-9B5EB7672877