Business Heated Document

BUSINESS HEATED DOCUMENT

Effective Date:

Recitals

WHEREAS, Provider Name: is engaged in the business of providing heating systems, maintenance and related commercial services; and

WHEREAS, Client Name: operates or manages the premises located at and desires to engage Provider to perform the services described herein; and

WHEREAS, the parties desire to set forth the terms and conditions under which Provider will perform services for Client.

Scope of Work

Provider shall perform the services described below in a professional and workmanlike manner and in accordance with industry standards. Provider shall furnish all labor, materials, equipment and supervision necessary to complete the work unless otherwise specified.

Payment Terms

Total Contract Amount:

Payments shall be due in accordance with the payment schedule set forth above. Invoices shall be submitted to Client and are payable within days of receipt unless otherwise agreed in writing.

Late Payment: Any undisputed amount not paid when due shall accrue interest at the lesser of (a) the rate of per month compounded monthly, or (b) the highest rate permitted by applicable law. Client shall also reimburse Provider for reasonable collection costs and attorneys' fees incurred to collect past-due amounts.

Term and Termination

Term Start Date:    Term End Date:

Either party may terminate this Agreement without cause upon written notice delivered to the other party at least days prior to the desired termination date. Termination shall not relieve Client of its obligation to pay for services performed and expenses incurred prior to the effective date of termination.

Termination for Cause: Either party may terminate this Agreement immediately for cause if the other party materially breaches any obligation hereunder and fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach and required cure. Material breaches include, but are not limited to, failure to pay undisputed amounts, willful misconduct, or gross negligence.

Confidentiality

For purposes of this Agreement, "Confidential Information" means non-public business information disclosed by one party to the other, whether disclosed orally, visually or in writing, that is designated as confidential or that by its nature should reasonably be considered confidential. Confidential Information shall not include information that is (i) already known to the receiving party without obligation of confidentiality, (ii) becomes publicly known through no breach of this Agreement, (iii) lawfully received from a third party without restriction, or (iv) independently developed by the receiving party without use of the disclosing party's Confidential Information.

The receiving party shall not disclose Confidential Information to any third party and shall use at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care. The obligations of confidentiality shall survive termination of this Agreement for a period of years, except that trade secrets shall be protected for as long as they qualify as trade secrets under applicable law.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. Any action to enforce this Agreement shall be brought exclusively in the state or federal courts located in that State, and each party consents to the personal jurisdiction of such courts.

Miscellaneous

Assignment: Neither party may assign or delegate its rights or obligations under this Agreement without the prior written consent of the other party, except that Provider may assign this Agreement in connection with a merger, sale of substantially all assets, or transfer to an affiliate provided that Provider gives prior notice and the assignee assumes all obligations hereunder.

Amendment and Waiver: No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. A waiver of any breach shall not constitute a waiver of any other or subsequent breach.

Entire Agreement

This Agreement, including all exhibits and attachments if any, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, understandings and agreements, whether written or oral. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Sign Now