The Shared Maintenance Agreement is essential for properties or facilities in India where multiple parties share maintenance responsibilities and costs. This document is commonly used in commercial complexes, residential societies, mixed-use developments, and shared business facilities throughout India. It outlines detailed arrangements for maintaining common areas, shared facilities, and essential services while ensuring compliance with Indian property laws and local regulations. The agreement is particularly relevant given India's growing number of multi-occupancy buildings and integrated developments, where clear maintenance frameworks are crucial. It addresses key aspects such as cost allocation, service standards, dispute resolution, and compliance with local property management regulations, while considering unique Indian legal requirements and property management practices.
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1. Parties: Identification of all parties entering into the maintenance agreement, including their legal status and contact details
2. Background: Context of the agreement, description of the property/facilities to be maintained, and the purpose of the arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Shared Maintenance: Detailed description of areas, equipment, and facilities covered under the shared maintenance arrangement
5. Maintenance Obligations: Specific maintenance duties and standards to be met by each party
6. Cost Sharing and Financial Arrangements: Division of maintenance costs, payment terms, and billing procedures
7. Access Rights: Rights and conditions for accessing shared areas and facilities for maintenance purposes
8. Standard of Maintenance: Quality standards and specifications for maintenance work
9. Emergency Procedures: Protocols for handling emergency maintenance situations
10. Insurance Requirements: Mandatory insurance coverage related to maintenance activities
11. Dispute Resolution: Procedures for resolving conflicts related to maintenance issues
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law: Specification of applicable laws and jurisdiction
1. Third-Party Contractors: Procedures for engaging and managing external maintenance contractors - include when maintenance services will be outsourced
2. Environmental Compliance: Specific environmental requirements and standards - include for properties with significant environmental impacts
3. Alterations and Improvements: Procedures for making changes to shared facilities - include when modifications might be needed
4. Security Arrangements: Security measures for maintained areas - include for high-security properties
5. Utility Sharing: Arrangements for shared utilities - include when utilities are part of maintenance scope
6. Special Use Provisions: Rules for special use of maintained facilities - include for multi-purpose facilities
7. Reserve Fund: establishment and management of maintenance reserve fund - include for larger properties or complex maintenance requirements
1. Schedule A - Property Description: Detailed description and plans of the property and areas subject to shared maintenance
2. Schedule B - Maintenance Specifications: Detailed maintenance standards, frequencies, and procedures
3. Schedule C - Cost Allocation: Detailed breakdown of cost-sharing formulae and percentages
4. Schedule D - Service Level Agreements: Specific performance standards for maintenance services
5. Schedule E - Emergency Contact List: List of emergency contacts and procedures
6. Schedule F - Maintenance Schedule: Timetable of routine maintenance activities
7. Appendix 1 - Property Plans: Technical drawings and plans showing maintained areas
8. Appendix 2 - Equipment Inventory: List of shared equipment and facilities covered by the agreement
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