Service Agreement

Building Maintenance Service Agreement

Agreement made on the day of , ,

between (Name of Owner) of

(street address, city, county, state, zip code),

referred to herein as Owner, and (Name of Contractor), a corporation organized and existing under the laws of the state of

, with its principal office located at

(street address, city, county, state, zip code),

referred to herein as Contractor.

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Work to be Done

A. Contractor will perform for Owner, in a satisfactory manner as to quality and subject to the provisions of this Agreement, the services set forth in detail in Exhibit A attached to this Agreement on the premises located at

(street address, city, state, zip code), hereinafter referred to as Premises, and used as a .

B. To effect the provisions of this Section, Contractor's supervisory personnel will regularly inspect the Premises and the work done by Contractor's employees and will exercise complete authority over all such employees.

2. Labor and Equipment

A. 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 provided by Owner, as set forth in Exhibit A attached to this Agreement.

B. Contractor may use such equipment or materials provided by Owner as is necessary to the careful performance of its duties under and pursuant to this Agreement, but 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.

3. Time of Work

A. Contractor will perform its duties under and pursuant to this Agreement during the hours of (time) to (time) daily.

B. In any event, Contractor will perform its duties in such manner as to avoid inconvenience to the users of the Premises and interference with Owner's operations.

4. 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.

5. Indemnification of Owner

A. Contractor will indemnify Owner against any and all liability, demands, claims, suits, losses, damages, causes of action, fines or judgments including costs, attorney's and witnesses' fees, and expenses incident to the same, 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.

B. 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.

6. Insurance

A. During the term of this Agreement, Contractor will carry and maintain in full force insurance of the following types and minimum amounts with such company or companies as are acceptable to Owner, insuring Contractor while it is performing its duties under and pursuant to this Agreement.

B. Contractor shall provide and keep in force, at Contractor sole expense, for the benefit of Contractor and Owner, general public liability insurance protecting Contractor and Owner against claims for bodily injury or death occurring on or in the Premises, or in the parking lots, streets and underground passageways adjacent to the Premises, for not less than with respect to any one accident or disaster, for not less than with respect to bodily injury or death to any one person, and for not less than with respect to destruction or damage to property.

A liability policy or a certificate of insurance covering Contractor and Owner, as their interests may appear, shall be deemed a compliance with the provisions of this paragraph.

C. Contractor shall also provide and keep in force, at Contractor sole expense, workers’ compensation coverage:

D. Contractor agrees that:

1. Owner may inspect such policies at all reasonable times;

2. Contractor will cause such policies to be properly indorsed to provide that the insurance company or companies will give to Owner (number) days' written notice of termination, alteration, or change in such insurance;

3. Contractor will cause the insurance company or companies to furnish Owner with certificates of such policies detailing the coverage in such insurance, such certificates to be delivered to Owner concurrently with execution of this Agreement by Contractor; and

7. Termination for Default

If Contractor does not obtain the insurance described in Section 6 or if Owner is not furnished at the time specified with the requisite insurance certificates, or if the above-described insurance is terminated, altered, or changed in a manner not acceptable to Owner, then this Agreement may be terminated by Owner, without penalty, on (number) days' written notice to Contractor.

8. Payment to Contractor

Owner will pay Contractor $ per month within (number) days after receipt and approval of Contractor's statement for services rendered under and pursuant to this Agreement.

9. Duration of Agreement

This Agreement shall become effective on the date stated above, and shall continue until terminated by either party on (number) days' written notice to the other.

10. Suspension

A. 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.

B. Payments to be made and services to be rendered under and pursuant to this Agreement shall not become due during a period of suspension.

C. Owner may secure the services contemplated by this Agreement from another source during any period in which Contractor suspends performance under this Agreement.

11. No Waiver

The 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 subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

12. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

13. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

14. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

15. 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.

16. 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.

17. 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.

18. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

WITNESS our signatures as of the day and date first above stated.

Attach Exhibit A

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for said County and State, on this (date), within my jurisdiction, the within named , who acknowledged that he is the , a corporation, and that he/she executed the above and foregoing instrument for and on behalf of said corporation, after being duly authorized so to do.

__________________________________________

NOTARY PUBLIC

My Commission Expires:

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for the said County and State, on this day of , , within my jurisdiction, the within-named (Name of Owner), who acknowledged that he executed the above and foregoing instrument.

__________________________________________

NOTARY PUBLIC

My Commission Expires:

(Form of acknowledgement will vary from state to state)