This personnel and equipment agreement template has 5 pages and is a MS Word file type listed under our legal agreements documents.
Sample of our personnel and equipment agreement template:
PERSONNEL AND EQUIPMENT AGREEMENT This Personnel and Equipment Agreement (the "Agreement") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the "Purchaser"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the "First Vendor"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [THIRD PARTY NAME] (the "Second Vendor"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS pursuant to the amended and restated asset purchase agreement dated [DATE] (the «Asset Purchase Agreement»), the Vendors agreed to sell and the Purchaser agreed to purchase, as a going concern, the undertaking and substantially all of the assets relating to the Vendors' [SPECIFY] operations, subject to the terms and conditions set out in the Asset Purchase Agreement; WHEREAS pursuant to Section [NUMBER] of the Agreement, the Vendors are responsible for certain remediation work as described and subject to the terms and conditions set out in the Asset Purchase Agreement; WHEREAS in order to fulfill their covenant, the Vendors will require access to the Purchased Assets and the Purchased Business subsequent to the Closing Date; WHEREAS in order to fulfill its covenant, a Personnel and Equipment Agreement (the «Agreement») is required with respect to providing for the provision of certain equipment and facilities to the Vendors at the mining sites as well as the temporary services of selected personnel to enable the Vendors to perform their obligations under Sections [NUMBERS] of the Asset Purchase Agreement. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and covenants and agreements herein contained the parties hereto agree as follows: DEFINITIONS In the absence of an indication to the contrary, expressions referred to as defined terms in this Agreement shall have the meaning provided in the Asset Purchase Agreement. ACCESS TO PREMISES The Vendors, their employees and agents shall have the right, at no cost, upon reasonable written notice to the Purchaser, to enter into and upon the Purchased Assets at all reasonable times for the purpose of fulfilling its obligations pursuant to Section [NUMBER] of the Asset Purchase Agreement. The access rights herein are granted on the conditions that the Vendors comply with the Purchaser's rules and not unduly obstruct or interfere with the operations of the Purchased Business. SERVICES TO BE PROVIDED Subject to Applicable [YOUR COUNTRY LAW], the Purchaser agrees, as an independent contractor, to arrange for or provide equipment, facilities and utilities, as well as temporary services of selected personnel to the Vendors (collectively «Services») in order to enable the Vendors to perform their obligations under Section [NUMBER] of the Asset Purchase Agreement. The Vendors shall pay for such Services in accordance with Section 4. PAYMENT OF COSTS The Vendors shall pay the Purchaser all of Purchaser's actual direct and indirect costs incurred for or in connection with the performance or supply of Services. Such costs for Services shall be determined and allocated in accordance with Section 5 in a manner consistent with the historical determination and allocation of costs associated with the operation of the Purchased Business. PURCHASER'S RECOVERY OF COSTS For the due performance of the Services to be performed by the Purchaser under this Agreement, the Vendors shall pay to the Purchaser at the time and in the manner provided in Section 6, the Purchaser's costs for employees' salaries, benefits and overhead, use of the Purchaser's equipment and facilities and costs and fees for services rendered by subsidiary or affiliated companies of the Purchaser incurred pursuant to this Agreement. For the purposes of this section 5 the term «Employees» shall mean employees of the Purchaser and any of its divisions, subsidiaries or affiliated companies. Subject to adjustments as hereinafter provided, said costs to be recovered by the Purchaser shall be equal to the aggregate of: [PERCENTAGE %] of Recoverable Salaries (calculated as hereinafter set out) of Employees of the Purchaser; and a rental fee for equipment services and use of facilities at a rate consistent with current mining industry practice. «Recoverable Salaries» for a given period («the Period») shall be calculated as follows: Time engaged in performance of tasks related to the Services during the Period Gross Salaries or Wages Total Time paid for, including overtime, during the Period, exclusive of statutory holidays The provision for cost recovery shall be amended from time to time by agreement between the parties if, in practice, it is found to be materially insufficient or excessive. The Purchaser shall provide the Vendors, for their approval, an estimate of the time for which the Employees of the Purchaser will be engaged in the performance of tasks related to the Services [NUMBER] days prior to the commencement of each calendar month
