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Building Cleaning & Maintenance Agreement
AGREEMENT made on [Date] by and between [Name] of [Address], hereinafter referred to as "Owner", and [Name] of [Address], hereinafter referred to as "Contractor", agree as follows:
Contractor shall provide all materials and labour necessary, as an independent contractor for the cleaning and maintenance of the building owned by owner described as: [Enumerate].
beginning on and concluding on unless otherwise provided herein. These services shall comprise of: [Enumerate]
; daily cleaning of all common areas of the building and lavatories, restocking of paper consumables daily in lavatories; weekly cleaning of windows; weekly blowing and cleaning of parking lots; bi-weekly cleaning of carpets;
Contractor shall perform such services at times which will minimize interference with the use of the building. Owner shall on reasonable notice specify times for the maintenance to be completed.
Contractor shall comply with all governmental regulations and obtain worker's compensation and other insurance and bonding required by governmental authority.
Contractor shall indemnify and hold Owner harmless from all claims and liabilities related to the operations of Contractor and employees. Contractor shall obtain and keep in force liability insurance with limits of at least $------ for bodily injury and upon request of the Owner shall provide surety bonding for all employees with access to the building in an amount of $------ per employee.
Contractor may not assign, delegate or transfer the performance of this agreement.
Arbitration. Any disputes pertaining said agreement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the Australian Arbitration Association or like organisation in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.
Amendment. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver Of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
No Representation. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
Interpretation. This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Agreement. The headings, captions, and titles in this legal Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
Automactic Renewal. This Agreement will automatically renew, for successive 12 month periods, after its expiration unless written notice of termination is given by either party.
Further Assurances. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.
Entire Agreement. This Agreement including any attachments is the entire agreement between the parties and there are no other promises or conditions in any other written agreement.
This Agreement supersedes any prior oral agreements between the parties.
Agreement Binding. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.
No Assignment. Neither this agreement nor any right or interest thereunder shall be assigned in any respect whatsoever.
Exclusion of Oral Statements. This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.
Applicable Law. This Agreement shall be governed by the laws of the State of [State].
Time of The Essence. Time is the essence of this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].
This Section for Notary:
STATE OF -------)
) ss: [Date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]