Maintenance Work Service Agreement

MAINTENANCE WORK SERVICE AGREEMENT

This Maintenance Work Service Agreement (the "Agreement") is made as of Effective Date: by and between Client Name: , with primary address:

and Contractor Name: , with primary address:

WHEREAS

WHEREAS, Client owns or manages the property located at: (the "Property") and requires maintenance services to preserve safe and functional conditions at the Property;

WHEREAS, Contractor is duly qualified, licensed and experienced to perform maintenance, repair and related services and agrees to provide such services under the terms set forth in this Agreement;

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to maintenance services to be provided by Contractor to Client.

SCOPE OF WORK

Contractor shall perform maintenance, inspection and repair services as described below. Services shall be performed in a professional and workmanlike manner consistent with industry standards and all applicable laws and codes.

PAYMENT TERMS

Total Contract Amount: $ . Client shall pay Contractor in accordance with the schedule and milestones set forth below.

Deposit or Initial Payment: $ . Remaining balance shall be paid as set forth above.

Late Payment: Any payment not received within days after the due date shall bear interest at the lesser of (a) % per month or (b) the maximum rate permitted by applicable law. Client is responsible for all reasonable collection costs, including attorneys' fees, incurred to collect overdue amounts.

TERM AND TERMINATION

Commencement Date: . Termination Date: , unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for convenience upon providing written notice to the other party at least days prior to the effective termination date. Either party may terminate for material breach if the breaching party fails to cure within thirty (30) days after written notice of such breach. Termination does not relieve Client of its obligation to pay for services performed and costs incurred through the effective date of termination.

CONFIDENTIALITY

Each party acknowledges that in the course of performing this Agreement it may receive Confidential Information of the other party. "Confidential Information" means non-public business, technical or financial information disclosed in any form. The receiving party shall: (a) hold such Confidential Information in strict confidence; (b) not disclose it to third parties except to employees, agents or subcontractors on a need-to-know basis who are bound by confidentiality obligations; and (c) not use the Confidential Information except to perform obligations under this Agreement. Confidentiality obligations shall survive termination for a period of years, except as otherwise required by law.

INSURANCE AND INDEMNITY

Contractor shall maintain, at its expense, commercial general liability insurance and workers' compensation as required by applicable law. Contractor shall defend, indemnify and hold harmless Client from and against claims, liabilities, losses and expenses arising out of Contractor's negligent acts or omissions or willful misconduct in performing the Services, except to the extent caused by Client'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 conflict of law principles. Venue for any dispute shall be the state or federal courts located in that State.

ENTIRE AGREEMENT

This Agreement, including any exhibits or schedules expressly incorporated in writing, 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 modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

NOTICES

All notices, requests and other communications required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as either party may designate in writing. Notices shall be deemed given when delivered in person, by overnight courier, or three (3) business days after deposit in the U.S. mail, postage prepaid.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties are independent contractors and nothing in this Agreement creates a partnership, joint venture or employment relationship. Contractor may not assign this Agreement without Client's prior written consent, which shall not be unreasonably withheld.

Sign Now