TURNKEY CONSULTING AND ENGINEERING AGREEMENT
This agreement is entered into as of ______________, 2005 by and
between Turnkey Communications Inc. herein referred to as "TURNKEY". and
___________________________ herein referred to as ("Owner", "Condominium
Board," or "Landlord").
RECITALS
- Property Management/Owner Owns the____________________________________(the
"Property"). Consisting of _______________units.
- Property Management /Owner desires to receive revenue and or save money for their respective properties in
exchange for permitting a Cable TV / Telecommunication Provider to have access to said
property.
- TURNKEY is in the Business of consulting and representing owners and developers for the
sole purpose of negotiating on their behalf with any and all Cable TV / Satellite
Telecommunications or FTTH Providers.
NOW, Therefore, in consideration of the mutual covenants contained
herein and other good and valuable consideration. The receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
- TURNKEY will procure bids from several Satellite and Cable TV / Telecommunication Providers, based on
their technology, as well as their ability to provide various services, now and in the
future.
- TURNKEY will perform the necessary due diligence with respect to the status of then
current agreements (if applicable) with their respective telecommunications provider.
- TURNKEY will work within the time frame of the Property Management
/Owner to develop and present to Property Management / Owner
each and every proposal.
- Property Management / Owner will never be under any obligation to accept a letter of intent, proposal, or
contract from any Telecommunications provider proposed by TURNKEY , unless it meets with
owners approval.
- Property Management /Owner grants to TURNKEY the exclusive right to operate as
Property Management / Owners sole agent for the
purposes of researching, developing and negotiating an agreement with a Telecommunications
provider for said properties.
- Owner agrees to allow TURNKEY to act as Property Management /Owner's sole agent for representation for the
purposes of selecting a satellite or telecommunications provider.
- Owner agrees not to allow any telecommunications provider, owner agent or any
affiliation, to circumvent TURNKEY to acquire contracts and or proposals for
Property Management/Owner's
properties.
- TURNKEY will not charge Property Management/Owner directly, and the
Property Management/ Owner will not pay any fees for services
rendered by TURNKEY, TURNKEY will be paid by the satellite or
telecommunications provider an amount
fully disclosed to Property Management/Owner, when the owner signs a contractual agreement. Where no
moneys are to be paid to owner because of other concession made by a provider in the
form of goods and valuables, ie: discounted rates, reimbursements for labor and material,
or revenue share, then a pre determined remuneration will be agreed upon between owner and
TURNKEY.
- TURNKEY is a company whose sole purpose is to research, develop and negotiate agreements
for Property Management/Owners and Developers so as they may enter into a technological and financially
feasible agreement with a Satellite and or Cable TV / Telecommunications provider selected by the
Property Management/ Owner.
- All rights and obligations pursuant to this agreement shall inure to the benefit of and
shall be binding upon the parties successors, employees, agents, officers, directors,
shareholders partners, heirs and assigns.
- This Agreement shall be governed by and construed in accordance with the laws of the
state in which this agreement is signed. The parties agree, moreover, that if any part of
this Agreement is judicially declared void, invalid or unenforceable for whatever reason,
this declaration shall not operate to void, invalidate or render unenforceable the entire
agreement but such part shall be served from t he remaining parts of the Agreement and the
Agreement shall stand without such portion.
- A final compensation schedule will be agreed upon prior disclosure of provider
proposals.
IN WITNESS WHEREOF, the parties have executed this Agreement the day
and year written below.
___________________________
_____________________________
Authorized representative TURNKEY
___________________________
______________________________
Owner - representative / Title
___________________________ ______________________________
Witness
Date signed _________________