Building Maintenance Services

Agreement
THIS AGREEMENT made as of [Date of Agreement (ie. July 1, 2002)] 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 ofthe
[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

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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
furtherterm 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.

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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 substantiallydelayed, any
notice shall only be sent by facsimile transmission or delivered bycourier.
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.