CABLE DISCONNECT SERVICE CONTRACT
THIS AGREEMENT executed on this the day of , 20 ,
by and between (hereinafter "Employer"), and
(hereinafter "Contractor").
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual
promises and agreements contained herein, Employer hires Contractor, and
Contractor agrees to work for Employer under the terms and conditions
hereby agreed upon by the parties:
SECTION 1- WORK TO BE PERFORMED
1.1 Term . Employer agrees to hire Contractor, to perform the services of
disconnecting cable and Internet access to residential and business
subscribers and other work as stated in section 1.2 of this agreement.
1.2 Duties . Contractor agrees to perform such work for Employer on the
terms and conditions set forth in this agreement, as follows:
1.3 Completion Date . The work to be performed shall be complete on
or before the day of 20 ____ unless extended by
Employer, in his/her discretion.
1.4 Liquidated Damages. The following shall be construed as liquidated damages
only and shall not in any way be deemed a penalty, but only a reasonable estimate of
either the anticipated or the actual loss from breach of this Agreement In the event
the work is not performed timely as specifed herein, Employer shall be
entitled to deduct $ per day from the compensation due
contractor as liquidated damages.
- 1 –
SECTION 2 - COMPENSATION
2.1 Compensation . In consideration of all services to be rendered by
Contractor to the Employer, the Employer shall pay to the
Contractor the sum of $ .
Said compensation shall be paid: daily weekly monthly upon
full completion other specify terms:
2.2 Withholding . Contractor is an Independent Contractor and shall be
responsible for his/her own income taxes, worker’s compensation and
other employment taxes.
SECTION 3 - INDEPENDENT CONTRACTOR STATUS
Contractor acknowledges that he is an independent contractor and is
not an agent, partner, joint venturer nor employee of Employer.
Contractor shall have no authority to bind or otherwise obligate
Employer in any manner nor shall Contractor represent to anyone that
it has a right to do so.
SECTION 4 - REPRESENTATIONS OF WARRANTIES OF CONTRACTOR
4.1 Contractor represents and warrants to the Employer regarding the
work to be performed as follows:
4.2 Contractor represents that he/she is free to enter into this Agreement, and that this
engagement does not violate the terms of any agreement between Contractor and any
third party. During the term of the agreement, Contractor shall devote as much
productive time, energy and abilities as is needed and necessary to perform the required
- 2 –
duties in a timely and productive manner. Contractor is expressly free to perform
services for other parties while performing services for Employer.
SECTION 5 - MISCELLANEOUS PROVISIONS
5.1 The provisions of this Agreement shall be binding upon and for the
beneft of the heirs, personal representatives, successors and assigns
of the parties.
5.2 In the event of a default under this Agreement, the defaulted party
shall reimburse the non-defaulting party or parties for all costs and
expenses reasonably incurred by the non-defaulting party or parties in
connection with the default, including without limitation, attorney's
fees. Additionally, in the event a suit or action is fled to enforce this
Agreement or with respect to this Agreement, the prevailing party or
parties shall be reimbursed by the other party for all costs and
expenses incurred in connection with the suit or action, including
without limitation, reasonable attorney's fees at the trial level and on
appeal.
5.3 No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor
shall any waiver constitute a continuing waiver. No waiver shall be
binding unless executed in writing by the party making the waiver.
5.4 This Agreement shall be governed by and shall be construed in
accordance with the laws of the State of .
5.5 This Agreement constitutes the entire agreement between the parties
pertaining to its subject matter and it supersedes all prior
contemporaneous agreements, representations and understandings of
- 3 –
the parties. No supplement, modifcation or amendment of this
Agreement shall be binding unless executed in writing by all parties.
5.6 If any provision of this Agreement is held unenforceable, then such provision will
be modified to reflect the parties' intention. All remaining provisions of this
Agreement shall remain in full force and effect.
5.7 Contractor agrees to indemnify, defend, and hold Employer and his/her/their successors,
officers, directors, agents and employees harmless from any and all actions, causes of
action, claims, demands, cost, liabilities, expenses and damages (including attorneys'
fees) arising out of, or in connection with any breach of this Agreement by Contractor.
5.8 Employer may terminate this Agreement at any time by providing days’ written
notice to Contractor. In addition, if Contractor fails or refuses to comply with the
policies or reasonable directives of Employer, is guilty of serious misconduct in
connection with his/her/their performance hereunder, or materially breaches any
provisions of this Agreement, Employer may at any time and in its sole discretion
terminate the engagement of Contractor immediately and without prior written notice to
Contractor.
5.9 Contractor shall not assign any of his/her rights under this agreement, or delegate the
performance of any of his/her duties hereunder, without the express written prior consent
of Employer.
WITNESS OUR SIGNATURES, this the day of , 20 .
- 4 –
_______________________________
EMPLOYER
_______________________________
CONTRACTOR
- 5 –
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