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Subcontractor Agreement
SUB-CONTRACTOR AGREEMENT Page 1 of 4
THIS AGREEMENT is made and entered into this 10thof October 2005 , by and between
Your name and address here Example:
Your Business Name AND Address Here
(the "Contractor") - AND -
Sub-Contractors name and address here
(the "Sub-Contractor)
WITNESSETH:
WHEREAS the Contractor requires services to be provided;
AND WHEREAS the Contractor is of the opinion that the Sub-Contractor has the
knowledge and experience to provide the services sought by the Contractor;
AND WHEREAS the Sub-Contractor acknowledges that services are
needed, and that the Sub-Contractor can perform the services to the satisfaction of the Contractor;
AND WHEREAS the Contractor and Sub-Contractor agree on
the terms and conditions as set out under this Agreement;
NOW THEREFORE IN CONSIDERATION of the mutual benefits and obligations contained
in this Agreement, the receipt and sufficiency of which consideration is acknowledged,
the Contractor and Sub-Contractor agree upon the following:
Services Details
The Sub-Contractor agrees to provide the Contractor with the following services: Residential and
Commercial Cleaning at Several Locations
The parties agree that in addition to the aforementioned services they
may agree upon other services from time to time (collectively called the "Services").
Term
This Agreement shall commence on 10-10-05 and shall remain
in effect for one year 10-10-06 However, it is subject to termination as provided hereinafter.
Service Costs and Schedule
In return for the Services provided, the Contractor will compensate the Sub-Contractor
$75.00 Per completed job $40.00 per week extra supply cost.
Reimbursement of Expenses The contractor will pay the Sub-Contractor for all cleaning supplies purchased with proper receipt,
Return of Material Goods
The Sub-Contractor shall return to the Contractor any property, documentation,
records, or confidential information belonging to the Contractor upon the termination of this Agreement.
Non_Disclosure
All confidential information belonging to the Contractor shall be kept absolutely confidential. The subcontractor acknowledges and agrees to protect its release to the public and further agrees not to divulge, reveal, report or use, for any purpose, any confidential information obtained revealed or otherwise disclosed while providing the services to the Contractor. The duty not to disclose the Contractors confidential information will survive the agreement and will continue for a period on (7) seven years from the date of such termination.
Non-Competition
The Subcontractor will not, during the course of the Agreement and for a period of (7) Seven years after the termination of this Agreement, be directly or indirectly involved with a business which is in direct competition with the particular business line of the Contractor. During the aforementioned period of time the Sub-Contractor agrees not to divert or attempt to divert from the Contractor any business the contractor had enjoyed, solicited, or attempted to solicit, from other individuals or corporations, or any business location during the term of this Agreement
Non-Solicitation
The Sub-Contractor acknowledges and agrees not to induce employees or other Sub-Contractors to leave the Contractors employment or other otherwise interfere with its employees or other Sub-Contractors during the term of this Agreement and for a period of 7 Seven Years after the end of the term of this agreement.
The Sub-Contractor will not in any way, directly or indirectly induce or attempt to induce any employee or other Sub-Contractor of the Contractor to quit employment or retainer with the contractor; otherwise interfere with or disrupt the Contractors relationship with its employees or other Sub-Contractors; Discuss employment opportunities or Provide information about competitive employment to any of the Contractors employees or other Sub-Contractors ; or solicit entice or hire away any employee or other Sub-Contractor of the Contractor.
Assignment
The Sub-Contractor shall not in any manner of capacity whatsoever assign or
otherwise transfer the obligations incurred under this Agreement without the written consent of the Contractor.
Modification of Agreement
Any modification of this Agreement will only be binding if evidenced by way of written consent of both parties.
Termination of Agreement
The obligations of the Sub-Contractor under this Agreement
shall terminate upon the earlier of the Sub-Contractor ceasing to be engaged
by the Contractor or the termination of this Agreement by the Contractor or the Sub-Contractor.
Both, the Sub-Contractor and the Contractor may terminate this
Agreement at any time by giving each other _30_Days notice.
Capacity of Party Providing Services
The parties agree that the Sub-Contractor is acting as an independent Sub-Contractor
and not as an employee in providing the Services under this Agreement.The Sub-Contractor is
required to hold General Liability Insurance and Workers Compensation on all Employees. Sub-Contractor
agrees that he/she shall make no claim at any time , present or future , that Contractor employs or employs
him/her to perform the services referred to in this Agreement.Sub-Contractor is not an employee of Contractor
and is not entitled to any employee benefits such as wages, workers compensation or other security tax
contributions etc.
The parties further agree that this Agreement does not create a partnership between them.
Notice
All communications arising from the terms of this Agreement will be made in writing and
served personally, by registered mail The addresses for any communications to be
delivered to the parties are as appeared on the top part of this agreement, or to such
other address as to the parties may agree.
Legal expenses
In the event of a legal action brought forward by either party to enforce or construe
any term of this Agreement, the winning party shall be entitled to their legal costs.
Time of the Essence
Time shall be of the essence of this Agreement and of every part hereof.
No extension or variation of this Agreement shall operate as a waiver of this provision.
Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or
condition affecting this Agreement except as expressed herein.
Headings
Headings are not to be considered when interpreting this Agreement.
Rather, headings are inserted for the convenience of the parties only.
Governing Law
This Agreement shall be construed in accordance with the laws of the
State of Michigan without regard to the jurisdiction in which any action or special proceeding may be instituted.
Severability
In the event that any of the provisions of this Agreement are held to be invalid or
unenforceable in whole or in part, all other provisions will nevertheless
continue to be valid and enforceable with the invalid or unenforceable parts
severed from the remainder of this Agreement.
IN WITNESS WHEREOF the parties have duly executed this Service Agreement this 10th of October 2005
SIGNED, SEALED AND DELIVERED in the presence of:
Subcontractors name (Sub-Contractor)_______________________________________Date_____________
(Contractor)_________________________________________Date_______________
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