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This Agreement has been made this _______ day of __________, between
_______________________________________, Hereby referred to as Property
“Owner” and Wasichaq, LLC, referred to as “AGENT”), or jointly referred to as
the “Parties” herein.
RELATIONSHIP
Property owner and AGENT hereby entered into this non-exclusive Agent
Agreement for the purpose of establishing a partnership whereby AGENT will
act as a telecommunications managerial service.
The tenant base the property owner(s) develops, which will utilize
Wasichaq’s managerial services are hereby defined as customers and
constitute proprietary information owned by AGENT.
Wasichaq shall have the right to verify the credit worthiness of any
prospective tenant and adjust deposits, require payment in advance or deny
service where the financial responsibility cannot be established to
Wasichaq’s satisfaction. Establish a debit or credit account for each
customer.
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customers pertaining to Internet, local and long distance services obtained
by AGENT, and within 15 days of the receipt of funds. Will also provide
invoice paying property owner ____% of Wasichaq net income pertaining to
property.
Provide AGENT with information on intent to sell involving property and new
property owner(s) contact information and/or existing property manager
information.
Inform AGENT of any address changes and/or account information for the
purpose of commission deposits agreed upon by both properties.
To have tenants sign lease addendum and provide AGENT a copy with the
lease.
AGENT has right to access property with 24-hour notice.
The initial term of this Agreement shall be one (1) year from the execution
date of this Agreement and will renew automatically for successive one (1)
year terms unless either Party provides written notice to the other of intent
to terminate at least ninety (90) days prior to the expiration of the current
term of this Agreement or the provisions as stated are instituted. Renewals
shall become applicable.
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Property owner(s) or its successors or assign(s) shall be entitled to receive
continued compensation from Wasichaq on all accounts after termination of
this Agreement providing that property owner(s) is not a defaulting Party and
continues to provide support services as outlined herein.
DEFAULT
INDEPENDENT CONTRACTORS
The parties agree that they are independent contractors in the performance
of this Agreement as stated herein, with each Party maintaining its own
distinct and separate legal existence. Neither Parties employees nor agents
shall be deemed to be an agent, or an employee of the other and each
reserve the right to assign.
INDEMNIFICATION
Each Party hereby indemnifies and holds the other harmless from any and all
claims, demands, loses, damages and expenses, including attorney’s fees, in
any manner whatsoever caused by or arising from or connected with each
other, its agents or employees, and the performance of their duties under
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this Agreement, including but not limited to personal injury, death and
damage sustained, or claimed to have been sustained, by any person or
persons an due, or claimed to be due, in whole or in part, to any act,
omission or negligence of either Party or it’s agents or employees.
The Parties agree to comply with all applicable laws, rules and regulations
now or hereafter in effect relating to the performance of their duties under
this Agreement.
ASSIGNMENT
This Agreement may not be assigned success fee if sold to new owner either
in whole or in part, without the written consent of either Party. This
Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their permitted successors and assigns.
FORCE MAJEURE
NOTICES
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writing by the Parties.
Wasichaq, LLC
P.O. Box 917
Boulder, Co 80306-0917
________________________________
________________________________
________________________________
________________________________
GOVERNING LAW
This Agreement shall be governed in all respects and aspects by the laws of
the State of Colorado. The Parties hereby agree that prior to any legal action
concerning this Agreement is brought in a court of competent jurisdiction;
both Parties will enter into mediation proceedings in a good faith effort to
resolve the dispute.
Both Parties acknowledge that they are not under any disability by reason or
custom or practice, contract, agreement, government rule, regulation,
ordinance or otherwise, which will adversely effect or prevent them from
fulfilling the representations and covenants herein. This Agreement and the
exhibits attached hereto and incorporated herein, contains the entire
Agreement of the Parties and supersedes any prior agreements between the
Parties.
The paragraph headings throughout this Agreement are for convenience and
reference only, and the words contained therein shall not be held to expand,
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modify, amplify, or aid in the interpretation, construction, or meaning of this
Agreement.
This Agreement has been executed in two (2) counterparts, each of which
shall be deemed an original. One counterpart has been retained by Wasichaq
and one by property owner(s).
Additions
Wasichaq