Operation and Maintenance Agreement

Operation and Maintenance Agreement OPERATION AND MAINTENANCE AGREEMENT An Operation and Maintenance Agreements are agreements made between two or more parties for the purposes of maintenance and repair of real property, the operation of utilities and any other provisions of service. Operation and Maintenance Agreements are sometimes referred to as O & M. 1 of 14 Operation and Maintenance Agreement OPERATION AND MAINTENANCE AGREEMENT THIS OPERATION AND MAINTENANCE AGREEMENT made as of the _____ day of ______________, 20_____ B E T W E E N: ________________________________ (hereinafter referred to as the “Owner”) OF THE FIRST PART; AND: _________________________________ (hereinafter referred to as the “Operator”) OF THE SECOND PART; WHEREAS the Owner owns a _________________, _______________ (the “Project”) and desires to contract for the operation, maintenance and the management of the Project; and AND WHEREAS the Operator provides operation, maintenance and management services for the __________________ facilities and the Operator has agreed to provide those services for the Project to the Owner on the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements contained herein, the Operator and the Owner hereby agree as follows: ARTICLE 1 1.00 DEFINITIONS 1.01 "Agreement" means this agreement and any amendment, recital, instrument, exhibit or schedule supplemental or ancillary to this agreement, and the expressions "hereof", 2 of 14 "hereto", "hereunder", "hereby" and similar expressions refer to this agreement and not to any particular Section or other portion of this agreement. 1.02 "Applicable Laws" means, with respect to any Person, property, transaction, event or other matter, any law, rule, statute, regulation, order, judgment, decree, treaty or other requirement having the force of law in relation or applicable to such Person, property, transaction, event or other matter. 1.02 "Business Day" means any day, other than Saturday, Sunday or any statutory holiday in the Province/State of_______________. 1.03 "Confidential Information" of a Party means all information (and all documents and other tangible items which record information, whether on paper, in computer readable format or otherwise) relating to a Party or the Project which, at the time concerned is of a confidential nature, and is learned by the other Party as a result of the relationship under this Agreement, but not including any information or documents or other tangible items which at the time concerned: (i) have become generally available to the public other than as a result of a disclosure by a Party or any of its officers, employees or agents (its "Representatives"); or were available to a Party or its Representatives on a non-confidential basis prior to the date of this Agreement. (ii) 1.04 "Operating Costs" with respect to the Project includes, without limitation, all utilities (unless separately metered), custodial services in any of the common areas, repair of any plumbing or electrical services, interior painting as required or repair of original millwork, if any), maintenance services (such as minor repairs, maintenance of all heating, ventilation and air-conditioning equipment, , snow removal, waste disposal, fire and electrical inspections, and insurance on common areas but does not include any expenses not related to the Project building itself. 1.05 “City Areas” means those areas within the _________________