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EXCAVATIONS AGREEMENT

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Dennis Kigen
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433 views3 pages

EXCAVATIONS AGREEMENT

Uploaded by

Dennis Kigen
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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EXCAVATIONS AGREEMENT

This Excavations Agreement (“Agreement”) is made and entered into as of 11th


November 2024, by and between:
Artwood German Limited
Address: P.o Box 76444-00508 Nairobi
Hereinafter referred to as the "Client"
AND
Finder Speciality Limited
Address: P.o Box 8280-00300 Nairobi
Hereinafter referred to as the "Contractor"
1. Scope of Work
The Contractor agrees to perform the following excavation services at the location
identified below:
 Site Name: Aya Luxury Residence
 Site Location: Kileshwa, Othaya Road on PLOT LR. 209/3272 & 209/3274
 Description of Excavation: Excavation for 3 basements, Approximately
11000 cubic for both sites at the agreed rate.
 Additional Servies: The contractor shall supply backfill material to Haven
Villas in Lavington approximately 200 trucks or more
2. Terms and Conditions
 Start Date: 14/11/2024
 Completion Date: 1/1/2025
 Working Hours: 8.00am to 5pm
 Delays: Any delays to the project timeline should be communicated in
writing. Extensions will be allowed for weather-related delays, unforeseen site
conditions, or delays caused by the Client.
 Penalty for Delays shall be Kshs 100,000.00 per day
3. Payment and Compensation
 Excavation Rate: Kshs. 500 per cubic for all class of rock and soil (Inclusive
V.A.T) for works measured on site.
 Payment Schedule: Weekly payments as per work done, the client shall
pay 80% of every invoice and the remaining balance to be paid upon
completion
4. Equipment and Materials
 The Contractor will provide all necessary equipment, tools, and materials for
the excavation work.
 The Client agrees to provide access to the site and any permits or
permissions required for the excavation to be carried out.
5. Permits and Licenses
 The Client will be responsible for obtaining all necessary permits and licenses
required for the excavation work, unless specified otherwise in this
Agreement.
 The Client will ensure the site is free from any existing legal or zoning issues
that could impede the work.
 The client shall not be responsible any contractor’s liabilities outside our site
6. Safety and Compliance
 The Contractor will comply with all local, state, and federal regulations
regarding safety, health, and environmental protection.
 The Contractor will maintain appropriate insurance coverage for his laborers
and workers.
 The Contractor to ensure safety of neighbouring structures.
7. Termination
 Either party may terminate this Agreement with written notice if there is a
material breach of the terms.
 In the event of termination, the Client will pay the Contractor for all
completed work and any costs incurred up to the point of termination.
8. Dispute Resolution
 In the event of a dispute arising out of or in connection with this Agreement,
both parties agree to first attempt to resolve the matter through mediation
before pursuing legal action.
 If mediation is unsuccessful, the parties may pursue arbitration or litigation in
a court of competent jurisdiction.
9. Miscellaneous
 Force Majeure: Neither party will be liable for failure to perform due to
events beyond their control (e.g., natural disasters, strikes, etc.).
 Amendments: Any amendments to this Agreement must be made in writing
and signed by both parties.
 Governing Law: This Agreement will be governed by the laws of kenya.

Signatures
Client Name: ARTWOOD GERMAN LIMITED
Signature: ___________________________
Date: ___________________________

Contractor Name: FINDER SPECIALITY LIMITED


Signature: ___________________________
Date: __________________________

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