Elevator Maintenance Inspection Agreement

ELEVATOR MAINTENANCE INSPECTION AGREEMENT

This Elevator Maintenance Inspection Agreement ("Agreement") is entered into as of Effective Date: by and between Client Name: with Address:

and Service Provider: with Address:

RECITALS

WHEREAS, Owner owns or manages the property located at Property Address: containing the elevator(s) identified as Elevator ID(s): ;

WHEREAS, Contractor is engaged in the business of inspection, testing, maintenance and repair of elevators and represents that it possesses the qualifications, licenses and insurance necessary to perform the services described herein;

WHEREAS, Owner desires to engage Contractor, and Contractor agrees to provide periodic inspection and maintenance services for the elevator(s) under the terms and conditions set forth in this Agreement.

SCOPE OF WORK

Contractor shall perform elevator inspection, routine maintenance, safety testing and minor adjustments as required to maintain safe and code-compliant operation of the elevator(s) listed above. The specific duties shall include, but are not limited to, routine visual inspection of hoistway and equipment room, lubrication, adjustment of door operators, testing of safety devices, functional operation checks, and preparation of written inspection reports.

INSPECTION SCHEDULE & ACCESS

Inspection Frequency: Next Scheduled Inspection:

Owner shall provide reasonable access to the elevator(s) and equipment rooms during normal business hours and shall notify Contractor of any known hazards or unusual conditions prior to each inspection.

PAYMENT TERMS

Payments not received within days of invoice date shall accrue interest at the lesser of per month or the maximum rate permitted by applicable law. A flat late fee of may be assessed for delinquent invoices.

TERM AND TERMINATION

Term Commencement Date: Term Expiration Date or Renewal:

Either party may terminate this Agreement for any reason upon days' prior written notice to the other party. Either party may terminate immediately for material breach that is not cured within a commercially reasonable cure period following written notice. Termination shall not relieve Owner of obligation to pay for services rendered and approved expenses incurred prior to termination.

CONFIDENTIALITY

Contractor and Owner each acknowledge that, in the course of performing this Agreement, they may receive Confidential Information of the other party. "Confidential Information" shall include non-public technical data, building plans, service records, pricing and customer lists. Each party shall: (a) hold Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information but in no event less than reasonable care; (b) not disclose Confidential Information to third parties except to employees or subcontractors who need to know for purposes of this Agreement and who are bound by confidentiality obligations; and (c) use Confidential Information only for the performance of this Agreement. Confidential Information does not include information that is publicly known, independently developed without use of Confidential Information, or required to be disclosed by law with prompt notice to the disclosing party.

INSURANCE, INDEMNITY AND LIABILITY

Contractor shall maintain commercial general liability insurance, workers' compensation and automobile liability insurance in forms and amounts customary for the elevator service industry. Contractor shall defend, indemnify and hold Owner harmless from and against claims, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of Contractor's negligent acts, omissions or willful misconduct in the performance of services under this Agreement, except to the extent caused by Owner's negligence or willful misconduct.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its principles of conflicts of law.

ENTIRE AGREEMENT; AMENDMENTS

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral. No amendment to this Agreement will be effective unless in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other party, except that Contractor may assign to an affiliate or in connection with a sale of substantially all of its assets.

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