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Contractor Maintenance Contract
Contract made [date] between [name], whose office is located at [address], hereinafter referred to as OWNER, and [name], with principal offices at [address], hereinafter referred to as CONTRACTOR, do hereby agree:
CONTRACTOR shall provide all materials and labor necessary, as an independent contractor for the cleaning and maintenance of the building owned by owner described as:
starting on ________ [Date] and concluding on ________ [Date] unless instructions otherwise provided herein. These Maintenance Services shall comprise of:
[Describe the services being provided under this contract]
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 state 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, allocate or transfer this contract.
If any provision of this Contract 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 Contract 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 Contract 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 Contract.
Neither party has made any representations nor promises, other than those contained in this contract or in some further writing signed by the party making the representation or promise.
This Contract 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 Contract. The headings, captions, and titles in this legal Contract are merely for reference and do not define, limit, extend, or describe the scope of this Contract or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Contract includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
ADVICE OF LEGAL COUNSEL
Each individual party to this Contract represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Contract with legal counsel, and has executed this Contract based upon such party's own judgment and advice of independent legal counsel.
If any provision of this Contract is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Contract will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Contract, and the remaining provisions of this Contract 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 Contract. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Contract, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
Any notice to be given or to be served upon any party hereto must be in writing and may be given by certified or registered mail, but shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited in the United States Postal Service. If notice is given in some manner other than by certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed, Such notices shall be given to the parties hereto at the following addresses:
In connection with this Contract and the transactions contemplated hereby, each party to this Contract 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 Contract and the transactions contemplated hereby.
This contract, in its entirety, contains the full understanding of the parties. It may not be changed orally but only by an instrument in writing signed by the party against whom enforcement of any change, extension, modification, waiver or discharge is sought.