Service Contract Exercise You and your partnerls) have just landed your first ma
ID: 383757 • Letter: S
Question
Service Contract Exercise You and your partnerls) have just landed your first major contract to clean the offices of The McGraw-Hill New York office located at 2 Penn Plaza, New York, N.Y. 10121. The Building is located on the West side of 7th Avenue between 31st and 33rd Streets The building has 31 floors each approximately 60,000 sf. Your 5.6 million dollar contract is to provide cleaning services for the top 10 floors daily. Your mission is to draft a service contract detailing the exact services your company will provide. Requirements: Service 1. Your enteership Agreement must be typed in 12-point Times News Roman Font with 1-inch margins. The must be no less than 2 page and no more than 5 pages long. There is no required format for a Service Agreement; however, you are encouraged to refer to Cleaning Service Contract example 2. Prior to submission your agreement must be reviewed by your partnerfs). Each partner will be responsible editing their partners agreement. 1026 3. 4. Your Partnership Agreement will be evaluated on both presentation and content, so be sure to include the required information.Explanation / Answer
The Cleaning Service Agreement may be as written below (This is just an indicative sample of the agreement as asked in the question):
THIS AGREEMENT executed on this 19th day of December, 2017, but agreed to be effective from and after 25th day of January,2018, by and between The Office Master (hereinafter "Company"),which registered office is at 4 Penn Plaza, New York and The Mcgraw-Hill, New York (hereinafter "Client"), which registered office is in 2 Penn Plaza, New York, N.Y. 10121
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, Client hires Company, and Company agrees to work for the Client under the terms and conditions hereby agreed upon by the parties:
SECTION 1 - WORK TO BE PERFORMED
1.1 Term. The term of this Agreement shall commence on 25th day of January,2018,("Commencement Date"). Either party may terminate this Agreement by providing the other party written notification at least 30 days. Such notification shall not be required in cases where the Agreement is being terminated by one of the parties on account of a substantial breach by the other party in the performance of its duties as required herein.
1.2 Place of work. The Company agrees to perform work for the Client at the client office situated in 2 Penn Plaza, New Yoek, N.Y. 10121. The Building is located on the West side of the 7th Avenue between 31st & the 33rd Street. The company will provide the services as agreed upon which is written in the agreement for the top 10 floors of the building. The Carpet Area of each floor is approximate 60,000 Sq feet.
1.3 Duties. The Company agrees to perform work for the Client on the terms and conditions set forth in this agreement, and agrees to devote all necessary time and attention to the performance of the duties specified in this agreement. Company's duties shall be as follows:
1.3A Tasks to be executed on a daily basis in the premises of the Delegation:
1.3B. Tasks to be executed once a week in the premises of the Delegation
1.3 C. Tasks to be executed once a month:
1.3 D. Tasks to be executed on an ad hoc basis, when necessary and/or at the request of the Client
The Client reserves the right to modify the above listed tasks at any time the services indicated in the schedule of the tasks, listed above. The volume of works can be modified on the basis of a written instruction.
Company shall comply with the policies, standards, regulations of the Client from time to time established, and shall perform the duties assigned faithfully, intelligently, to the best of his/her/their ability, and in the best interest of the Client.
SECTION 2 – CONFIDENTIALITY
2.1 Confidentiality. Company acknowledges and agrees that all financial and accounting records, lists of property owned by the Client, including amounts paid therefore, client and customer lists, and other Company data and information related to its business (hereinafter collectively "Confidential Information") are valuable assets of the Company. Except for disclosures required to be made to advance the business of the Company and information which is a matter of public record, Company shall not, during the term of this Agreement or after the termination of this Agreement, disclose any Confidential Information to any person or use any Confidential Information for the benefit of Company or any other person, except with the prior written consent of the Client.
2.2 Return of Documents. Company acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes and other documentation related to the business of the Client or containing any Confidential Information shall be the sole and exclusive property of the Client, and shall be returned to the Client upon the termination of this Agreement or upon the written request of the Client.
2.3 Injunction. Company agrees that it would be difficult to measure damage to the Company from any breach by Company of Section 2.1 or 2.2 and that monetary damages would be an inadequate remedy for such breach. Accordingly, Company agrees that if Company shall breach Section 2.1 or 2.2, the Client shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by the Client.
SECTION 3 – COMPENSATION
3.1 Pricing Schedule: The pricing Schedule shall be applicable to all work performed under this agreement as per addendum, pricing schedule shall reflect the maximum payment due to the services rendered by the Company. The total value of the contract is $ 5.6 Million. And it will be paid as per the Rate chart provided to the company via quotation dated 21st October, 2017.
3.2 Contractors Remedies. If work performed by Company pursuant to this agreement is defective or incomplete, the Client shall have the right to elect, at its sole discretion to: (1) notify company, at which time company shall promptly correct such work within 4 business hours. (2) retain a third party or undertake to perform those duties, and retain any sums otherwise due to the company under and purchase order or invoice.
SECTION 4 – TERMINATION
4.1 Termination at Will. This Agreement may be terminated by the Client immediately, at will, and in the sole discretion of the President of the Company. Company may terminate this Agreement upon thirty (30) days written notice to the Client. This Agreement also may be terminated at any time upon the mutual written agreement of the Company and Client.
SECTION 5 - INDEPENDENT COMPANY STATUS
Company acknowledges that he is an independent Company or is a JV between partners and is not an agent. Company shall have no authority to bind or otherwise obligate Client in any manner nor shall Company represent to anyone that it has a right to do so. Company further agrees that in the event that the Client suffers any loss or damage as a result of a violation of this provision Company shall indemnify and hold harmless the Client from any such loss or damage.
SECTION 6 – SAFETY
SECTION 7 - MISCELLANEOUS PROVISIONS
7.1 The provisions of this Agreement shall be binding upon and inured to the benefit of the heirs, personal representatives, successors and assigns of the parties. Any provision hereof which imposes upon Company or Client an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon Company or Client.
7.2 In the event of a default under this Agreement, the defaulted party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including without limitation, attorney's fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation, reasonable attorney's fees at the trial level and on appeal.
7.3 No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
7.4 This Agreement shall be governed by and shall be construed in accordance with the laws laid in the New York by the USA.
7.5 This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties.
7.9 ADDITIONAL ACKNOWLEDGMENTS: Both parties acknowledge and agree that: (a) the parties are executing this Agreement voluntarily and without any duress or undue influence; (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and (c) the parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Agreement.
IN WITNESS WHEREOF, the parties hereto agree to the above terms and have caused this Agreement to be executed in their names by their duly authorized officers.
COMPANY: The Office Master Signature
4 Penn Plaza, New York Witness 1
Witness 2
CLIENT : The Mcgraw-Hill Signature
2 Penn Plaza, New York, N.Y. 10121 Witness 1
Witness 2
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