1.3 Prices and Payment for Work. Contractor will submit an invoice of all completed work at completion
<br />of each metered location once per month in accordance with Attachment II. Payment shall be made by
<br />Utility within thirty (30) days of the date of receipt of Contractor's invoice, subject to Utility's right of
<br />inspection and approval. Any payment may be withheld in whole or in part by Utility for cause based on a
<br />customer's complaint or the report or recommendations of a Utility designated inspector or approved
<br />official. If disapproved, Contractor shall have up to thirty (30) days to correct or remedy any defect or
<br />mistake, pursuant to the terms of this Agreement. Upon satisfactory performance after any disapproval, as
<br />shall be determined by Utility at its discretion, Utility shall remit payment, including any withheld amount to
<br />Contractor within thirty (30) days.
<br />1.4 Confidentiality- °°Confidentiallnformation""means any information furnished by Utility or its
<br />representatives in connection with this Agreement regarding Utility's property, employees, finances,
<br />operations, customers, and/or financial affairs that is non-public, confidential, or proprietary in nature,
<br />whether furnished before or after the date of this Agreement and regardless of the manner in which it is
<br />furnished. Confidential Information expressly includes, but is not limited to, the names of Utility's
<br />customers, contact information of Utility's customers and any Utility customer account information. Except
<br />as may be required by law, Contractor agrees that it will not disclose, publish, or disseminate any
<br />Confidential Information to any person or entity other than its employees or agents who have a need to
<br />know to further the purpose of this Agreement and who are subject to legally binding obligations of
<br />confidentiality no less restrictive than Contractor's obligation under this Agreement.
<br />1.5/ndependentContractorRelationship. The Contractor is an independent Contractor and is not an
<br />employee, servant, agent, partner or in a joint venture with the Utility. The Contractor shall determine how it
<br />accomplishes the Work in accordance with this Agreement. The Utility shall not control the details of the
<br />Work performed by the Contractor. The Utility is not responsible for withholding, and shall not withhold,
<br />FICA or taxes of any kind from payments which it may owe the Contractor. Neither the contractor or its
<br />employees shall be entitled to receive any benefit which employees of the Utility are entitled to receive, and
<br />shall not be entitled to unemployment compensation, medical insurance, life insurance, paid vacations, paid
<br />holidays, pensions, profit sharing, or social security on account of their work for the Utility.
<br />1.6Business of Contractor and Compliance With Laws The Contractor is engaged in the business of
<br />meter installation and meter testing and holds or maintains any licenses necessary required by the federal,
<br />state, and local governments to perform this business. The Contractor shall always take all reasonable
<br />precautions for the safety of its employees, Utility's customers, and employees, and of the public, and shall
<br />comply with all applicable provisions of Federal, State, and Municipal laws and regulations. When applicable
<br />law requires that services be performed by licensed professionals, the Contractor shall provide those services
<br />through qualified, licensed professionals. All professional engineering or design services or certifications to
<br />be provided by the Contractor, including all drawings, calculations, specifications, certifications, shop
<br />drawings and other deliverables, shall contain the signature and seal of the licensed professional preparing
<br />132
<br />
|