Service Maintenance Request

SERVICE MAINTENANCE REQUEST AND AGREEMENT

Client Name:    Service Provider:

Site / Service Location:

RECITALS

WHEREAS, Client operates or controls the premises identified above and requires periodic maintenance, repair, inspection, and related services to ensure safe and efficient operation of equipment and systems; and

WHEREAS, Service Provider represents that it possesses the qualifications, licenses, personnel, and equipment necessary to perform maintenance services described herein and agrees to provide such services under the terms of this Request and Agreement; and

WHEREAS, the parties desire to set forth the requested scope, pricing, scheduling, and terms that will govern the performance of maintenance services at the Site.

SCOPE OF WORK

Preventative Maintenance    Repair / Corrective    Inspection & Testing    Parts Replacement

SCHEDULING & PRIORITY

Requested Service Start Date:

Low    Medium    High / Emergency

PAYMENT TERMS

Estimated Total Amount: $

Late Payment Fee:

TERM AND TERMINATION

Term Commencement Date:

Term Expiration Date (if applicable):

Either party may terminate this Request and Agreement for convenience upon written notice to the other party delivered not less than days prior to the effective termination date. Termination for cause may be immediate where a party materially breaches any obligation and fails to cure within a commercially reasonable cure period where applicable.

CONFIDENTIALITY

Each party acknowledges that during the performance of services it may receive Confidential Information of the other party. "Confidential Information" includes non-public business, technical, financial, operational, and customer information. The recipient will (i) use Confidential Information only for performance under this Request and Agreement; (ii) protect Confidential Information with at least the same standard of care it uses to protect its own confidential information, but no less than reasonable care; and (iii) not disclose Confidential Information to any third party except to employees, agents or subcontractors who have a need to know and who are bound by confidentiality obligations no less protective than those set forth herein. Exceptions include information that is or becomes generally known through no fault of the recipient, is developed independently by recipient, or is rightfully obtained from a third party without restriction.

SITE ACCESS, SAFETY & PERMITS

Permits Required: Yes    If yes, responsible party for permits:

LIABILITY, INSURANCE, AND INDEMNITY

Service Provider shall maintain and provide upon request evidence of commercial general liability insurance and workers' compensation insurance as required by law. Service Provider agrees to indemnify and hold harmless Client from and against claims, liabilities, losses or damages arising out of Service Provider's negligent performance of services or willful misconduct, except to the extent caused by Client's negligence or breach.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Request and Agreement, together with any attachments, schedules, estimates, and approved change orders signed by authorized representatives of the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, or communications, whether written or oral. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

AUTHORIZATION TO PROCEED

Client authorizes Service Provider to proceed with work described above upon signature below. For work that will exceed $ without further written authorization from Client, Service Provider will first obtain Client's written approval.

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