COMPANY LETTERHEAD
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
PERSONNEL AND EQUIPMENT AGREEMENT
This Personnel and Equipment Agreement ("Agreement") is made and entered into on this {{day}} day of {{month}}, {{year}}.
BETWEEN:
{{client_company_name}}, a company duly incorporated under the laws of {{client_country}}, with its principal place of business at {{client_address}} (hereinafter referred to as "the Client").
AND
{{service_provider_company_name}}, a company duly incorporated under the laws of {{service_provider_country}}, with its principal place of business at {{service_provider_address}} (hereinafter referred to as "the Service Provider").
The Client and the Service Provider are hereinafter collectively referred to as “the Parties” and individually as “a Party.”
RECITALS
WHEREAS, the Client requires certain personnel and equipment for the execution of a project, more fully described in Schedule A (hereinafter referred to as “the Project”).
WHEREAS, the Service Provider possesses the necessary expertise, personnel, and equipment to fulfill the Client’s requirements.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:
SCOPE OF SERVICES AND EQUIPMENT
2.1 The Service Provider shall provide the personnel and equipment as detailed in Schedule A (Scope of Work).
2.2 The personnel provided by the Service Provider shall include but not be limited to {{number_of_personnel}} individuals with the qualifications specified in Schedule B (Personnel Qualifications).
2.3 The equipment provided by the Service Provider shall include but not be limited to those items listed in Schedule C (Equipment List), ensuring they are in good working order and suitable for the Project.
2.4 Any changes to the scope of services or equipment must be agreed upon in writing by both Parties.
TERM AND TERMINATION
3.1 This Agreement shall commence on {{start_date}} and shall continue until {{end_date}}, unless terminated earlier in accordance with the provisions of this Agreement.
3.2 Either Party may terminate this Agreement by providing {{notice_period}} days' written notice to the other Party in the event of a material breach of this Agreement by the other Party, provided that such breach is not remedied within {{cure_period}} days of receiving written notice thereof.
3.3 Upon termination, the Client shall pay the Service Provider for all services rendered and equipment provided up to the effective date of termination, within {{payment_due_days}} days of receiving a final invoice.
FEES AND PAYMENT
4.1 The Client shall pay the Service Provider a total fee of {{total_fee}} {{currency}} for the provision of personnel and equipment, as outlined in Schedule D (Payment Schedule).
4.2 Payments shall be made in accordance with the payment schedule specified in Schedule D. All invoices shall be paid within {{payment_terms_days}} days of receipt.
4.3 All fees are exclusive of applicable taxes, which shall be borne by the Client where applicable. The Service Provider shall provide valid tax invoices.
4.4 In the event of late payment, interest shall accrue at the rate of {{interest_rate}}% per annum, calculated daily from the due date until the date of actual payment.
LIABILITY AND INDEMNIFICATION
5.1 The Service Provider shall be responsible for any damage to its equipment or injury to its personnel while performing services under this Agreement, except where such damage or injury is directly caused by the negligence or willful misconduct of the Client.
5.2 The Client shall indemnify and hold harmless the Service Provider from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with the Client’s breach of this Agreement or its negligence or willful misconduct.
5.3 The Service Provider shall indemnify and hold harmless the Client from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with the Service Provider’s breach of this Agreement or its negligence or willful misconduct.
5.4 Neither Party shall be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement.
CONFIDENTIALITY
6.1 Both Parties agree to treat as confidential all information obtained from the other Party in connection with this Agreement and the Project, which is either marked as confidential or would reasonably be understood to be confidential.
6.2 Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing Party, except as required by law.
6.3 This confidentiality obligation shall survive the termination of this Agreement for a period of {{confidentiality_period}} years.
GOVERNING LAW AND DISPUTE RESOLUTION
7.1 This Agreement shall be governed by and construed in accordance with the laws of {{country_of_jurisdiction}}.
7.2 Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall first be subjected to good faith negotiations between the Parties.
7.3 If the dispute cannot be resolved through negotiation within {{negotiation_period}} days, the Parties agree to submit the dispute to mediation in accordance with the rules of {{mediation_body}}.
7.4 If mediation fails, the dispute shall be finally settled by arbitration in accordance with the rules of {{arbitration_body}}, with the seat of arbitration being {{arbitration_city}}, {{arbitration_country}}. The language of arbitration shall be English.
ENTIRE AGREEMENT
8.1 This Agreement, together with its Schedules, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
8.2 No amendment or modification to this Agreement shall be valid unless made in writing and signed by duly authorized representatives of both Parties.
SIGNATURES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.
FOR THE CLIENT:
_____________________________
Name: {{client_signatory_name}}
Title: {{client_signatory_title}}
Date: {{client_signature_date}}
FOR THE SERVICE PROVIDER:
_____________________________
Name: {{service_provider_signatory_name}}
Title: {{service_provider_signatory_title}}
Date: {{service_provider_signature_date}}
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