Fill and Sign the Agreement for Pre Paid Repair Services for Residential Property Form

Agreement for Pre-Paid Repair Services for Residential Property This Agreement is made as of this the ____ day of _________, 20___, by and between _____________________________, a corporation doing business at __________________________________________________________ (street address, city, state, zip code), and referred to herein as “Contractor” of and ___________________________ of __________________________________________________________ (street address, city, state, zip code) referred to herein as “Owner.” For and in consideration of the mutual benefits and obligations set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: A. Repairs Covered by this Agreement Contractor will perform for Owner, in a satisfactory manner as to quality and subject to the provisions of this Agreement, the types of services and repairs described in detail in Exhibit A attached to this Agreement on the residential premises located at __________________________________________________________ (street address, city, state, zip code ). B. Labor and Equipment Contractor will furnish all labor, equipment, and materials necessary to the performance of its duties under and pursuant to this Agreement, except such equipment and materials as are to be provided and paid for by Owner, which is classified and described in Exhibit A attached to this Agreement. Contractor may, in its discretion, use such equipment or materials provided by Owner as is necessary to the careful performance of its duties under and pursuant to this Agreement, and should such equipment or materials be lost, damaged, or destroyed, Contractor will reimburse Owner for the replacement of such equipment or materials with equipment and materials of equal value and for costs and expenses incident to such replacement. C. Time of Repairs Contractor will perform its duties under and pursuant to this Agreement during the hours of o ฀clock . M. and o ฀clock . M. In any event, Contractor will perform its duties in such manner as to avoid inconvenience to the Owner to the extent practicable. D. Compliance with Law Contractor will secure all permits required to perform its duties under and pursuant to this Agreement and will comply with all applicable workers ฀ compensation, employer ฀s liability, and other federal, state, county, and municipal laws, ordinances, rules and regulations. E. Indemnification of Owner Contractor will indemnify Owner against any and all liability, demands, claims, suits, losses, damages, causes of action, fines or judgments including costs, attorneys ฀ and witnesses ฀ fees, and expenses incident thereto for injuries (including death) to persons or property arising out of or in connection with contractor ฀s performance of its duties under and pursuant to this Agreement, unless caused by the gross negligence or willful misconduct of Owner. Owner will give Contractor prompt written notice of any such demand, claim, or suit against Owner, and Contractor shall have the right to compromise or defend any such demand, claim, or suit to the extent of its own interest. F. InsuranceDuring the term of this Agreement, Contractor will carry and maintain in full force insurance of the following types and minimum amounts with a company or companies regulated by the state of __________________, and in good standing with said state, insuring Contractor while it is performing its duties under and pursuant to this Agreement.$ Liability Insurance: __________________________ $Bodily Injury: _______________________________ $Dollar Amount per Person: _____________________ $Dollar Amount per Accident: ____________________ $ Property Damage: ______________________________ $ Worker ฀s Compensation: _________________________ Owner may inspect such policies at all reasonable times. G. Pre-payments to Contractor Owner will pay Contractor the following sums in the following manner at the hereinafter described times: Describe H. Duration of Agreement This Agreement shall become effective on the date stated above, and shall continue thereafter until terminated by either party on days ฀ written notice to the other. I. Assignment The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. J. Suspension or Postponement of Repairs Without affecting any right of termination set forth in this Agreement, either party may suspend this Agreement at any time because of strike of its personnel, war, declaration of a state of national emergency, acts of God or public enemy, or other cause beyond the control of such party, by giving the other party written notice of suspension and reason for the same. Payments to be made and services to be rendered under and pursuant to this Agreement shall not become due during a period of suspension. Owner may secure the services contemplated by this Agreement from another source during any period in which Contractor suspends performance under this Agreement. K. Notice A party giving notice as provided for by this Agreement shall send such notice by United States mail, postage prepaid, to the address of the other party set forth above, or to such other addresses as the party shall designate in writing. L. No WaiverThe failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but these shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. M. Binding Effect This agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. N. Governing Law It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ___________________________. O. Attorney Fees If any action is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party ฀s attorneys ฀ fees. P. Entire Agreement This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. Q. Modification of Agreement Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. R. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. In witness whereof, the parties have executed this Agreement as of the day and date stated above. __________________________ ________________________Contractor Owner Exhibit A Description of Repairs and Services Covered by this Agreement: Description of Equipment and Materials to be Provided and Paid for by Owner at time of Repairs: