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MAINTENANCE CONTRACT

THIS CONTRACT is made and entered into on April 2, 2023, by and between Patriot Boat Lift & Dock Maintenance,
LLC (the ”Service Company”), whose address is 3600 S College RD, Suite E-255, Wilmington, North Carolina 28412 and

(the "Customer”), whose address is

WHEREAS Service Company is a company engaged in the business of servicing and maintaining boat docks, and boat lifts. and is willing to provide such services to Customer as per the terms herein.

WHEREAS Customer desires to have the Service Company furnish maintenance on the following:

Boat Dock inspection and service.
Boat Lift inspection and service.
Boat Lift adjustment as needed.
Lubricating of pulleys, gears and chaIn drive on Lift.
Inspection of wiring on motor and switches on Lift.
Inspect electrical as well as water systems for proper operation.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein after set forth, the parties hereto agree as follows.

Maintenance Services. Service Company shall maintain and service the following list of equipment (the ”Equipment”):
Boat Lift and all components and keep the Equipment in good working order. Service Company shall provide scheduled preventive maintenance during regular business with the schedule to be based on the specific needs of the Equipment as determined by Service Company. In addition, Service Company shall provide unscheduled remedial maintenance ("on-call service”) as and when needed. Both scheduled and unscheduled Service maintenance shall include the following as deemed necessary by Service Company. Regular services included in contract price: Inspection and service of Boa1 Dock, and Boat Lift Additional services and other charges: Replacement of damaged or unserviceable items found during the inspection

Excluded Services. Unless authorized in writing by the Customer, the Service Company shall not be required to make any of the following:
If the services described ie this provision are authorized by the Customer, and if the Service Company agrees to perform them, an addition al reasonable charge will be made for the services.

Trained Employees. Trained personnel directly employed and supervised by the Service Company will perform all services required by the terms of this Contract. The Service Company agrees that each of its employees will be properly qualified and will use reasonable care in the performance of hzs or her duties.

Working Hours. (a) The services required of the Service Company under this Contract, including emergency service, shall be pel-formed during the regular working hours of its regular working days, consisting of 0700 to 1700, Monday through Saturday except Federally recognized holidays, except as provided in (b) immediately below.
(b) If the Customer requests that the Service Company perform any of its Services at times other thais during its regular working hours, then for the Services performed outside the regular working hours (”overtime hours”), the Customer shall be charged at $55.00 per hour as adjusted periodically to compensate for changes in the cost of labor.

Contract Price. (a) The Customer shall pay ihe Service Company at the rate of _____ for the regular services to be performed under this Contract. (b) The amount specified is (a) above shall be adjusted annually to reflect any changes in the Service Companies cost of labor. 3 percentage of the contract price shall be increased or decreased on each anniversary of the commencement date of service under this Contract with the percentage of increase or decrease in the straight-time hourly cost (which wea ns the straight-time hourly labor rate, including fringe benefits) for the month within which the anniversary of the commencement of service under this Contract falls as com pared with the straight-time hourly cost for the month within which the commencement date of service under this Contract falls. (c) The amount specified in (a) above shall be adjusted annually to reflect any changes in lhe costs of the parts, equipment, and materials supplied by the service Company under this Contract. 5 percentage of the contract price shall be increased or decreased on each anniversary of the commencement date of service under this Contract by the percentage of increase or decrease in the costs of the pans, equipment, and materials.(d) Amounts due to Service Company will be billed to Customer on a _____ basis and will be due and payable within 10 days thereafter.

Term of Contract. The term of this Contract shall commence on April 2, 2023 and shall continue in full force and effect until it is terminated. Either party, by giving 30 day days’ written notice to ihe other party, may terminate this Contract either ai the completion of the first S years of service under this Contract or at the end of any subsequent year. In any eve nt, this Con tract shall be in effect for a minimum of 1 year.

Miscellaneous Provisions.
(a)Applicable Law: This Contract shall be construed under and in accordance with the laws of the North Carolina, and all obligations of the parties created under this Contract are performable in _____ County, North Carolina.
(b)Parties Bound: This Contract shall be binding on and inure to the benefit of the parties to this Contract and their respective heirs, executors, administrators, legal representatives, successors and assigns as permitted by this Contract.
(c)Legal Construction: In the event any one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or un enforceability shall not affect any other provision. This Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.
(d)Prior Contracts Superseded: This Contract constitutes the sole and only Contract of the parties and supersedes any prior understandings or written or oral Contracts between the parties respecting the subject matter of this Contract.
(e)Amendments: This Contract may be amended by the parties only by a written Contract.
(f)Attorneys' Fees: If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the prevailing party will be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled.

Signatures.

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Signed by Bobbie Fowler
Signed On: October 22, 2021

Timestamp

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September 30, 2021 3:55 am EDT

MAINTENANCE CONTRACT Uploaded by Bobbie Fowler - patriotdockmaintenance@gmail.com IP 103.240.99.55