Building Maintenance Services Agreement (Canada)

Agreement between a Landlord and a Contractor for the provision of Building Maintenance Services.

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This agreement is between a Landlord and a Contractor for the provision of Building Maintenance Services. It includes provisions regarding contractor's obligations, term, payment, indemnification, storage space, termination and others.

This form can be used in the following provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
Building Maintenance Service Agreement
 
 
THIS AGREEMENT made as of [Date of Agreement (ie. July 1, 2003)] between [Name of Landlord] (the "Landlord") of [Address of Landlord] and [Name of Contractor] (the "Contractor") of [Address of Contractor].
WHEREAS:
(A)   Landlord owns a building (the "Building") located at [Address of Building]; and
(B)   Landlord wishes to retain the services of Contractor, and Contractor wishes to be retained by Landlord, to provide certain maintenance services to the Building;
NOW THEREFORE in consideration of the recitals, the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:   
1.   Contractor's Obligations
During the term of this Agreement, the Contractor will provide maintenance services to the Building, as more particularly described in Schedule "A" hereto,, unless otherwise specified, necessary cleaning materials, for the Building all in accordance with the specifications attached and signed for identification by the Contractor and the Landlord, which specifications are to be read into and form part of this agreement.
2.   Payment
For the services and materials mentioned, the Landlord shall pay to the Contractor during the term of this agreement the sum of $[pay to contractor] to be paid in arrears as follows: $[pay to contractor] on the last day of each contract month during the term plus applicable Goods and Services Tax. The expression "contract month" when used shall mean a calendar month, the first of which shall commence on the commencement date of the term of this agreement.
3.   Term
The term of this agreement shall be for [term of agreement] years and shall commence of the [day] day of [month], 2[year], and end on the [final day of contract] day of [month], 2[year], subject to the right of renewal.
4.   Damages
The Contractor shall be in no way responsible for any failure to perform any of the services mentioned in paragraph 1 caused by any act or neglect of the Landlord or employees of the Landlord or caused by strikes, lockouts, fire, unavoidable casualties or by any other cause of any kind whatsoever beyond the control of the Contractor.
5.   Contractor's Employees
While engaged in performance of the services all employees of the Contractor shall be uniformed, covered by public liability and property damage insurance in the amount of not less than $[minimum amount of coverage], bonded in the amount of not less than $[minimum amount of bonded employee] each and covered by Workers' Compensation.
6.   Indemnity
During the term of this agreement, and subject to the immediately following provisos, the Contractor shall indemnify and save harmless the Landlord from and against all loss, costs, damages and expense occasioned to the Landlord by any act, omission, fault, default or negligence of the Contractor or those for whom the Contractor is in law responsible; provided, and it is expressly understood and agreed by and between the parties that the Contractor shall be in no way responsible to the Landlord under the provisions of this paragraph unless a claim in writing is made against the Contractor within [days] days from and after the loss or damage event. The indemnity contained in this agreement shall not be prejudiced by, and shall survive, the termination of this agreement.
7.   Storage Space
During the term of this agreement the Landlord shall provide, free of charge, adequate, conveniently located storage space for the cleaning materials and equipment of the Contractor and shall be responsible to the Contractor for the security of such space when the Contractor's employees are not working in the building.
8.   Variation of Specifications
The parties may at any time and from time to time alter or vary the specifications and the price to be paid by the Landlord for the services to be performed, but no such change shall be binding on either party unless reduced to writing and signed by the party to be charged therewith.
9.   Renewal
This agreement shall be automatically extended at the end of the first term for one further term of [extended term amount] years unless notice of termination is given by either party [notice time] days prior to expiration of this agreement.
10.   Termination
This agreement may be terminated at any time on [notice time] days' written notice by either party to the other.
11.   Arbitration and Mediation
(a)   Despite anything contained in this agreement to the contrary, in the event that a dispute or difference arises with respect to this agreement that cannot be resolved by negotiation between the parties and the parties agree that they do not wish to terminate this agreement, then in such event the parties agree to use the services of a mediator to attempt to resolve their dispute or difference and, failing agreement on the procedure to be followed, the mediation shall be conducted in accordance with the "Rules of Procedure for the Conduct of Mediations" of the Arbitration and Mediation Institute of Ontario.
(b)   In the event that mediation does not result in a resolution of the dispute or difference and the parties agree that they do not wish to terminate this agreement, then in such event any unresolved issue may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. Should arbitration be agreed upon, the arbitration will be conducted in accordance with the "Rules of Procedure for the Conduct of Arbitrations" of the Arbitration and Mediation Institute of Ontario.
12.   Notices
(a)   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 postage prepaid. Notice to the Contractor shall be addressed to [address of contractor]. Notices to the Landlord shall be addressed to [address of landlord].
(b)   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 following the mailing thereof. The above address of either the Contractor or the Landlord may be changed by giving to the other party written notice of the new address.
(c)   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.
13.   Headings
The headings in this agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms and provisions of this agreement.
14.   Time of the Essence
Time is of the essence of this agreement and of all provisions of it.
15.   Governing Law
This agreement shall be construed and enforced in accordance with the laws of the  of [province or state].
16.   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.
17.   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 Landlord, which consent may be unreasonably withheld. The Landlord shall have the right, at its election, to assign this agreement to any person, firm or corporation.
18.   Enurement
This agreement shall enure to the benefit of and be binding on the parties and their respective heirs, executors, successors and assigns.
19.   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 affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the date first written above.
IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above.
 
 
 
 
 
[NAME OF CONTRACTOR]
 
 
 
 
 
 
[NAME OF LANDLORD]
 
 
Schedule "A"Description of Maintenance Services
[Insert List of Maintenance Services]
 
 
 
 
Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28294
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
Building Maintenance Service Agreement
 
 
THIS AGREEMENT made as of [Date of Agreement (ie. July 1, 2003)] between [Name of Landlord] (the "Landlord") of [Address of Landlord] and [Name of Contractor] (the "Contractor") of [Address of Contractor].
WHEREAS:
(A)   Landlord owns a building (the "Building") located at [Address of Building]; and
(B)   Landlord wishes to retain the services of Contractor, and Contractor wishes to be retained by Landlord, to provide certain maintenance services to the Building;
NOW THEREFORE in consideration of the recitals, the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:   
1.   Contractor's Obligations
During the term of this Agreement, the Contractor will provide maintenance services to the Building, as more particularly described in Schedule "A" hereto,, unless otherwise specified, necessary cleaning materials, for the Building all in accordance with the specifications attached and signed for identification by the Contractor and the Landlord, which specifications are to be read into and form part of this agreement.
2.   Payment
For the services and materials mentioned, the Landlord shall pay to the Contractor during the term of this agreement the sum of $[pay to contractor] to be paid in arrears as follows: $[pay to contractor] on the last day of each contract month during the term plus applicable Goods and Services Tax. The expression "contract month" when used shall mean a calendar month, the first of which shall commence on the commencement date of the term of this agreement.
3.   Term
The term of this agreement shall be for [term of agreement] years and shall commence of the [day] day of [month], 2[year], and end on the [final day of contract] day of [month], 2[year], subject to the right of renewal.
4.   Damages
The Contractor shall be in no way responsible for any failure to perform any of the services mentioned in paragraph 1 caused by any act or neglect of the Landlord or employees of the Landlord or caused by strikes, lockouts, fire, unavoidable casualties or by any other cause of any kind whatsoever beyond the control of the Contractor.
5.   Contractor's Employees
While engaged in performance of the services all employees of the Contractor shall be uniformed, covered by public liability and property damage insurance in the amount of not less than $[minimum amount of coverage], bonded in the amount of not less than $[minimum amount of bonded employee] each and covered by Workers' Compensation.
6.   Indemnity
During the term of this agreement, and subject to the immediately following provisos, the Contractor shall indemnify and save harmless the Landlord from and against all loss, costs, damages and expense occasioned to the Landlord by any act, omission, fault, default or negligence of the Contractor or those for whom the Contractor is in law responsible; provided, and it is expressly understood and agreed by and between the parties that the Contractor shall be in no way responsible to the Landlord under the provisions of this paragraph unless a claim in writing is made against the Contractor within [days] days from and after the loss or damage event. The indemnity contained in this agreement shall not be prejudiced by, and shall survive, the termination of this agreement.
7.   Storage Space
During the term of this agreement the Landlord shall provide, free of charge, adequate, conveniently located storage space for the cleaning materials and equipment of the Contractor and shall be responsible to the Contractor for the security of such space when the Contractor's employees are not working in the building.
8.   Variation of Specifications
The parties may at any time and from time to time alter or vary the specifications and the price to be paid by the Landlord for the services to be performed, but no such change shall be binding on either party unless reduced to writing and signed by the party to be charged therewith.
9.   Renewal
This agreement shall be automatically extended at the end of the first term for one further term of [extended term amount] years unless notice of termination is given by either party [notice time] days prior to expiration of this agreement.
10.   Termination
This agreement may be terminated at any time on [notice time] days' written notice by either party to the other.
11.   Arbitration and Mediation
(a)   Despite anything contained in this agreement to the contrary, in the event that a dispute or difference arises with respect to this agreement that cannot be resolved by negotiation between the parties and the parties agree that they do not wish to terminate this agreement, then in such event the parties agree to use the services of a mediator to attempt to resolve their dispute or difference and, failing agreement on the procedure to be followed, the mediation shall be conducted in accordance with the "Rules of Procedure for the Conduct of Mediations" of the Arbitration and Mediation Institute of Ontario.
(b)   In the event that mediation does not result in a resolution of the dispute or difference and the parties agree that they do not wish to terminate this agreement, then in such event any unresolved issue may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. Should arbitration be agreed upon, the arbitration will be conducted in accordance with the "Rules of Procedure for the Conduct of Arbitrations" of the Arbitration and Mediation Institute of Ontario.
12.   Notices
(a)   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 postage prepaid. Notice to the Contractor shall be addressed to [address of contractor]. Notices to the Landlord shall be addressed to [address of landlord].
(b)   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 following the mailing thereof. The above address of either the Contractor or the Landlord may be changed by giving to the other party written notice of the new address.
(c)   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.
13.   Headings
The headings in this agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms and provisions of this agreement.
14.   Time of the Essence
Time is of the essence of this agreement and of all provisions of it.
15.   Governing Law
This agreement shall be construed and enforced in accordance with the laws of the  of [province or state].
16.   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.
17.   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 Landlord, which consent may be unreasonably withheld. The Landlord shall have the right, at its election, to assign this agreement to any person, firm or corporation.
18.   Enurement
This agreement shall enure to the benefit of and be binding on the parties and their respective heirs, executors, successors and assigns.
19.   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 affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the date first written above.
IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above.
 
 
 
 
 
[NAME OF CONTRACTOR]
 
 
 
 
 
 
[NAME OF LANDLORD]
 
 
Schedule "A"Description of Maintenance Services
[Insert List of Maintenance Services]
 
 
 
 

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