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Maintenance Agreement

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					Maintenance Agreement
This Maintenance Agreement is between a company that provides building maintenance
and a client that wants to use the company’s services. Ideal for landlords or property
managers, this agreement ensures that property is attended to and maintained.
Customize the information of the parties, the maintenance services to be provided, the
compensation amount, and more. This agreement is ideal for individuals or businesses
that want to provide or receive building maintenance services.
                                  MAINTENANCE AGREEMENT

THIS MAINTENANCE AGREEMENT (hereinafter referred to as the “Agreement”) is made
and entered into as of __________________, [Instructions: Insert the date of this agreement]
by and between ________________________ [Instructions: Insert the name of the Company
providing     maintenance]     (hereinafter  referred   to    as   the    “Company”),     of
_________________________________ [Instructions: Insert the Company’s address] and
________________________ [Instructions: Insert the Client’s name] (hereinafter referred to
as the “Client”), of _________________________________. [Instructions: Insert the Client’s
address]

WHEREAS, Client desires to engage the services of Company for the purposes of providing
certain   building    maintenance    services     to    Company’s    building   located   at
________________________________ [Instructions: Insert the address where maintenance
will be provided] (hereinafter referred to as the “Building”), and subject to the terms and
conditions contained herein, Company desires to accept said engagement.

NOW, THEREFORE, in consideration of the mutual promises, covenants and other good and
valuable consideration hereinafter set forth, the parties hereto agree as follows:

1.       SERVICES

For the duration of the Term, as such term is defined in Exhibit “A”, attached hereto and
incorporated herein; Company agrees to provide the building maintenance services (the
“Services”) described in Exhibit “A”, upon the schedule and subject to the terms and conditions
set forth therein.

2.       FEES AND COSTS

         a.      For the duration of the Term, as full compensation for the Services provided by
Company hereunder, Client shall pay Company a monthly fee of __________ Dollars ($_____)
[Instructions: Insert the monthly amount Client will pay Company] due and payable on the
______________ [Instructions: Insert the day of the month payment is due e.g. first, second,
fifth, etc.] of each month.

       b.      Along with the fees set forth above, Client shall be responsible for all materials,
appliance and supply costs incurred by Company in connection with the Services. Client shall
pay Company all actual and documented costs no later than ______________ [Instructions:
Insert the number of days after Company issues an invoice for materials or supplies that
Client’s payment is due e.g. 15, 30, 45, etc.] days following Client’s receipt of Company’s
invoice indicating the applicable costs.

        c.    In the event that Client fails to make payment of the above fees, on the dates
indicated above, Client shall be charged a late payment fee, which shall be equal to interest at
rate of __________ percent (___%) [Instructions: Insert the interest rate that will be applied
to late payments] compounded [Instructions: Choose one] annually OR monthly. Client shall


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also be responsible for all reasonable and actual costs related to recovery of such unpaid
payments, including, but not limited to, administrative and attorney’s fees that may be incurred
by Company and/or Company’s representatives in an effort to collect past due amounts owed to
Company for more than ______________ [Instructions: Insert the number of days
Company’s payment must be delinquent] days (“Collection Costs”), which Collection Costs
shall be added to the amounts due to Company and paid by Client. All payments made by Client
following the incurrence of Collection Costs by Company shall first be credited to Collection
Costs amounts and then to the past due invoice until the account is brought current.

3.       RELATIONSHIP OF THE PARTIES

         a.    Company agrees that Company’s Services shall be rendered as an independent
contractor and that this Agreement does not create an employer-employee relationship between
Company and Client. Company shall have no right to receive any employee benefits including,
but not limited to, health insurance, life insurance, sick leave and/or vacation. Company agrees
to pay all taxes including, self-employment taxes with respect to all fees paid hereunder and to
indemnify Client in the event Client is required to pay such taxes on behalf of Company.

         b.     Company shall bear the sole responsibility for payment of compensation to its
personnel. Company shall pay and report, for all personnel assigned to Client’s work, federal and
state income tax withholding, social security taxes, and unemployment insurance applicable to
such personnel as employees of Company. Company shall bear sole responsibility for any health
or disability insurance, retirement benefits, or other welfare or pension benefits, if any, to which
such personnel may be entitled. Company agrees to indemnify Client in the event that Client is
required to pay any of the foregoing costs on behalf of Company.

4.       INSURANCE

Company shall carry, pay for, and maintain in force continuously during the Term of this
Agreement, public liability, property damage and workers compensation insurance, as Client
considers necessary for the proper protection of Client and the Building, and in forms approved
by Client.

5.       REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION

         a.     Company represents and warrants to Client that: (i) Company is under no
restrictions or obligations, contractual or otherwise, that are inconsistent with the execution of
this Agreement, or will interfere with Company’s performance of the Services; and (ii) the
Services shall be performed in a competent fashion, with the highest amount of professionalism
and integrity, in accordance with applicable standards of the profession.

        b.      Company hereby indemnifies and holds harmless Client, and Client’s
subsidiaries, affiliates, officers and employees, from any damages, claims, liabilities, and costs
(including reasonable attorney’s fees), or losses of any kind or nature whatsoever which may in
any way arise from: (i) the Services performed by Company hereunder; (ii) any act, omission,
fault, default or negligence of Company, including without limitation, injury or death to persons,



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loss, damages or destruction to property (including the Building); or (iii) any breach or alleged
breach by Company of this Agreement, including the representations, warranties and agreements
set forth in this paragraph.

         c.      Client hereby indemnifies and holds harmless Company, Company’s subsidiaries,
affiliates, officers and employees, from any damages, claims, liabilities, and costs (including
reasonable attorney’s fees), or losses of any kind or nature whatsoever which do not arise from:
(i) the Services performed by Company hereunder; (ii) any act, omission, fault, default or
negligence of Company; or (iii) any breach or alleged breach by Company of this Agreement,
including the representations, warranties and agreements set forth in this paragraph.

6.       MISCELLANEOUS

       a.       In the event that any provision or part of this Agreement shall be deemed void or
invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and
remain in full force and effect.

        b.      This Agreement is not assignable or transferable by either party, in whole or in
part, without the prior written consent of the non-assigning party.

       c.     This Agreement constitutes the entire agreement between the parties hereto with
respect to the specific subject matter hereof and supersedes all prior agreements or
understandings of any kind with respect to the specific subject matter hereof.

         d.     Any modification to this Agreement must be in writing and signed by the parties
or it shall have no effect and shall be void.

      e.     This Agreement shall be governed in accordance with the laws of the State of
__________________________, [Instructions: Insert the state’s laws that will govern this
agreement] applicable to agreements to be wholly performed therein.

        f.     In the event of any dispute between the parties arising out of this Agreement, the
prevailing party shall be entitled to recover its attorney fees and costs.

IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first
written above.

COMPANY                                                          CLIENT
__________ [Instructions: Insert name]                           __________ [Instructions: Insert name]



__________________________                                       __________________________
Authorized Signatory                                             Authorized Signatory




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                                                    EXHIBIT A

                                                     SERVICES

1.       TERM AND TERMINATION

The term of this Agreement shall commence on the date hereof and shall continue for a period of
__________ (___) [Instructions: Insert the number of months this agreement will last]
months (the “Initial Term”). Unless terminated as provided hereunder, The Initial Term shall
automatically renew for successive __________ (___) [Instructions: Insert the number of
months the renewal term of this agreement will last] month periods (each a “Renewal Term”).
The Initial Term and the Renewal Term(s), if any, are collectively referred to hereunder as the
“Term.” Either Party may terminate this Agreement by giving at least ________________
[Instructions: Insert the number of days advance notice required to terminate this
agreement e.g. 30] days prior written notice, and the effective date of such termination shall be
the last day of the then-current Term.

2.       SERVICES

Company shall provide the following building maintenance services at the Building:

         a.           Routine Maintenance and Service

             i.       On a [Instructions: Choose one] daily OR weekly basis, Company shall
perform the following routine maintenance and services.

                            (1)      _______________ [Instructions: Insert services to be provided]

                            (2)      _______________ [Instructions: Insert services to be provided]

                            (3)      _______________ [Instructions: Insert services to be provided]

             ii.       On a [Instructions: Choose one] weekly OR monthly basis, Company
shall perform the following routine maintenance and services.

                            (1)      _______________ [Instructions: Insert services to be provided]

                            (2)      _______________ [Instructions: Insert services to be provided]

                            (3)      _______________ [Instructions: Insert services to be provided]

       b.     Extraordinary Maintenance On an as-needed basis Company shall perform the
following maintenance and services:

                 i.         _______________ [Instructions: Insert services to be provided]




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                ii.         _______________ [Instructions: Insert services to be provided]

               iii.         _______________ [Instructions: Insert services to be provided]

               iv.          _______________ [Instructions: Insert services to be provided]

                v.          _______________ [Instructions: Insert services to be provided]




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Description: This Maintenance Agreement is between a company that provides building maintenance and a client that wants to use the company’s services. Ideal for landlords or property managers, this agreement ensures that property is attended to and maintained. Customize the information of the parties, the maintenance services to be provided, the compensation amount, and more. This agreement is ideal for individuals or businesses that want to provide or receive building maintenance services.