Maintenance Service Schedule

MAINTENANCE SERVICE SCHEDULE

This Maintenance Service Schedule (the "Schedule") is entered into effective as of by and between Client Name: and Service Provider Name: .

WHEREAS

WHEREAS, Client Name: owns or controls the facilities and equipment described in this Schedule and desires regular maintenance services to preserve functionality and safety;

WHEREAS, Service Provider Name: is engaged in the business of providing maintenance, repair and inspection services and represents that it has the experience, personnel, and resources to perform the services described herein;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree that the Service Provider will provide maintenance services to Client in accordance with the terms and conditions of this Schedule.

1. SCOPE OF WORK

Service Provider shall perform the maintenance tasks described below at the location(s) detailed in this Schedule. Work shall be performed in a professional manner consistent with industry standards and applicable laws.

2. MAINTENANCE SERVICE SCHEDULE (ITEMIZED)

The following table sets forth recurring services, frequency, estimated labor, unit rates and parts budgets. Service Provider shall report any anticipated deviations from estimated hours or parts budgets prior to incurring additional charges.

3. PAYMENT TERMS

Compensation for the services set forth in this Schedule shall be as follows. Client shall pay Service Provider the amounts set forth in the applicable service item entries, subject to any agreed change orders.

Invoices shall be submitted to the billing contact below and are due within days of invoice date. Late payments shall accrue interest at the rate of per month (or the maximum lawful rate if lower), and Client shall be responsible for reasonable collection costs and attorneys' fees incurred by Service Provider to collect past-due amounts.

4. TERM AND TERMINATION

This Schedule shall commence on Start Date: and continue until End Date: unless earlier terminated in accordance with this Section.

Either party may terminate this Schedule for convenience upon written notice to the other party delivered at least days prior to the intended termination date. Either party may terminate for material breach if the breaching party fails to cure such breach within 30 days after receiving written notice specifying the breach.

Upon termination, Service Provider shall be paid for all services performed and reimbursable expenses incurred through the effective date of termination. Client shall not be liable for costs incurred after the effective date of termination except as expressly agreed in writing.

5. CONFIDENTIALITY

For the purposes of this Schedule, "Confidential Information" means non-public information disclosed by one party to the other party, whether disclosed orally or in writing, and includes business operations, maintenance records, equipment specifications, pricing, and customer information. Confidential Information does not include information that is publicly available through no fault of the receiving party, or that the receiving party lawfully obtains from a third party without restriction.

The receiving party shall: (a) maintain Confidential Information in strict confidence; (b) use Confidential Information solely for performance under this Schedule; and (c) restrict disclosure to employees, subcontractors or agents having a need to know and who are bound by confidentiality obligations no less protective than those herein. The receiving party shall use reasonable care to prevent unauthorized disclosure.

6. LIMITATION OF LIABILITY AND INSURANCE

Service Provider shall maintain commercial general liability and workers' compensation insurance in amounts customary for the industry. Except for liability arising from gross negligence or willful misconduct, neither party shall be liable to the other for incidental, consequential, punitive or special damages. The aggregate liability of either party for claims arising out of or related to this Schedule shall not exceed the total amount paid to Service Provider under this Schedule in the 12 months preceding the claim.

7. CHANGE ORDERS

Any changes to the Scope of Work, schedule or compensation shall be made by written change order signed by both parties. Change orders shall describe the change, the impact on schedule, and any additional compensation.

8. GOVERNING LAW

This Schedule shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in that State for resolution of disputes arising under this Schedule.

9. ENTIRE AGREEMENT

This Schedule, together with any master services agreement, purchase order or written change orders executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and representations, whether written or oral. No amendment shall be binding unless in writing and signed by authorized representatives of both parties.

10. NOTICES

Sign Now