Window Cleaning Services Agreement THIS AGREEMENT made as of [Date of Agreement (ie. July 1, 2002)] between [Name o f Property Owner] (the "Owner") of [Address of Property Owner] and [Name of Window Cleaning Contractor] (the "Contractor") of [Address of Window Cleaning Contractor].
ha s WHEREAS the Contractor is in the business of the cleaning of windows of buildings and has represented to the Owner that the Contractor is capable of cleaning the exterior windows of the building located at [Address of Building] (the "Building"); cov enants hereinafter set forth, NOW THEREFORE in consideration of the recitals, the mutual covenants and for other good and valuable consideration, the receipt and sufficiency of which is hereb y acknowledged, the parties hereto hereby agree as follows: 1.
Window Cleaning Services
(a)
The Contra Contracto ctorr shall shall,, durin during g the the term term of this this Agreeme Agreement, nt, clean clean and and main maintai tain n the the cleanliness of all exterior windows of Building (the "Window Cleaning Services"). The Contractor acknowledges that it has inspected the windows on the Building and that it is aware of any possible obstacles and obstructions which must be avoided when providing the Window Cleaning Services. The Contractor shall be responsible for supplying all cleaning equipment and materials for the due execution of the Window Cleaning Services and these are included in the quoted rates.
2.
Timing of Window Cleaning Services The Contractor shall provide the Window Cleaning Services once every six (6) months during the term of this Agreement.
3.
Term The term of this Agreement shall be for a period of three (3) years co mmencing on the date hereof and terminating on the third (3rd) anniversary of such date. Thereafter, the term of this Agreement may be extended or renewed upon the mutual written agreement of the parties hereto. Notwithstanding the foregoing, the either party may terminate this Agreement upon written notice to the other, if the other party breaches any term or condition of this Agreement and such breach is not remedied or cured within five (5) days after written notice of such breach is given to the party in breach.
4.
Compensation of Contractor In consideration for providing the Window Cleaning Services, the Owner shall pay to the Contractor [Payment Terms Terms (ie. $2,000 per cleaning)]. The Contractor shall invoice the Owner after each cleaning, and such invoices shall be paid by b y the Owner within thirty (30) days of receipt.
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6.
Indemnity (a)
The Contrac Contractor tor acknowl acknowledg edges es and and accepts accepts all risk risk arisi arising ng or pertai pertainin ning g to to the the ownership, possession, use or operation of any Window Cleaning equipment or arising from any occurrence occasioned, whether in whole or in part whether directly or indirectly, indirectly, by any act, omission, fault, default, or negligence of the Contractor or those for whom it is in law responsible. Any Window Window Cleaning or other equipment left unattended by b y the Contractor or those for whom it is in law responsible shall be left at the sole risk of the Contractor.
(b)
The Contrac Contractor tor shall shall indemn indemnify ify and save save harm harmles lesss the the Owner Owner from from any any and all claims, demands, actions, losses, or property damage arising directly or indirectly from the ownership, possession, use or operation of any Window Cleaning equipment or arising from any occurrence occasioned, whether in whole or in part whether directly or indirectly by any act, omission, fault, default, or negligence of the Contractor or those for whom it is in law responsible. In case the Owner, through no fault of its own, shall be made a party to any litigation commenced by or against the Contractor, the Contractor shall protect and hold the Owner harmless and shall pay all costs, expenses and reasonable professional and legal fees incurred or paid by the Owner in connection with such litigation. The indemnities contained herein shall not be prejudiced by and shall survive the termination of this Agreement.
Contractor's Insurance The Contractor shall, during the entire term of o f this Agreement Agreement and any renewal or extension of it, take out and an d keep in full force and effect insurance in which the limits of public liability shall be no less than $[Minimum Coverage Per Person] per person, and $[Minimum Coverage Per Occurrence] per occurrence and in which property damage liability shall be not less than $[Minimum Property Damage Coverage], the whole at the Contractor's sole cost and expense. The Owner may ma y require at any time a copy of the insurance policies.
7.
Permits and Taxes The Contractor shall, at its own expense, obtain and maintain in good standing all permits and licences required by any authorities having jurisdiction in order to own, possess, use or operate Window Cleaning equipment and to carry on the Window Cleaning Services, and shall otherwise comply promptly and at its own exp ense, with all laws, regulations, rules of all Federal, State and municipal governmental authorities which may be applicable to the Window Cleaning Services.
8.
Notices All notices required by this Agreement shall be in writing and shall be sent by facsimile transmission, or delivered in person or by prepaid courier, or mailed by certified or registered mail, return receipt requested, with
-3 postage prepaid. Notices to the Contractor shall be addressed to [Address of Contractor]. Notices to the Owner shall be addressed ad dressed to [Address of Owner]. All notices so sent shall be deemed to have been received by the recipient on the date the facsimile transmission was sent, or on the date of delivery or on the second business day da y following the mailing thereof. The above address of either the Contractor or the Owner may be changed by giving to the other party written notice of the new address. If postal service is interrupted, or threatened to be interrupted, or is substantially delayed, any notice shall only be sent by facsimile transmission or delivered by courier. courier. 9.
Headings The headings in this Agreement are for convenience of reference only and shall not in any way limit or be deemed to construe or interpret the terms and provisions of this Agreement.
10.
Governing Law This Agreement shall be construed and enforced in accordance with the laws of the Stateof [State].
11.
Entire Agreement This Agreement embodies the entire agreement of the parties with regard to the matters herein, and no other agreement shall be deemed to exist except as entered into in writing by both parties to this Agreement.
12.
Assignment The Contractor shall not assign this Agreement or any part of it and may not employ or retain anyone as a subcontractor or otherwise, to perform any part of its obligations under this Agreement without the prior written consent of the Owner, which consent may not be unreasonably withheld. The Owner shall have the right, at its election, to assign this Agreement to any person, firm or corporation.
13.
Enurement This Agreement shall enure to the benefit of and be binding on the parties and their respective successors and assigns.
-414.
Partial Severability If any part of this Agreement is held or rendered invalid or illegal, the remainder of this Agreement continues to apply.
IN WITNESS WHEREOF the parties have executed this agreement on the date first written above.
[NAME OF OWNER]
[NAME OF CONTRACTOR]
