Agreement for reimbursement of utilities for rented premises. Contract for reimbursement of utility costs for heat supply

Acting on the basis of the Charter, on the one hand, and ____________________________________, hereinafter referred to as the “Customer”, represented by ________________________________________________, acting on the basis of _________________________, on the other hand, collectively referred to under the agreement as the “Parties”, have entered into this agreement as follows.

1. Subject of the agreement

1.1. Under this agreement, the Service Provider provides Maintenance engineering networks and sanitary maintenance of a residential building No. _______ on the street. ________________________, in which the Customer occupies non-residential premises(hereinafter referred to as the “Premises”), and the Customer undertakes to reimburse the Service Organization for the costs associated with the operation of the residential building, as well as the costs associated with the Customer’s use of intra-house networks and communications.

1.2. The scope of work under this contract includes: maintenance and Maintenance residential building, his structural elements, engineering networks and communications, as well as sanitary maintenance of a residential building and local area, including performing work on hydroflushing and pressure testing of heating systems when preparing a residential building for the heating period (in the absence of input of heat supply systems from city heating networks).

1.3. The service organization does not carry out maintenance and sanitary maintenance work inside the Customer's Premises. Such work can be performed upon concluding an additional agreement with a service organization. When performing work to replace engineering and plumbing equipment in the Premises, the Customer is obliged to agree specified works with the Service Organization.

1.4. The area of the Premises occupied by the Customer in a residential building is ______________ sq. m.

1.5. The purpose of the agreement is to ensure proper maintenance and repair of engineering equipment, common areas and local areas, as well as to provide the User of the non-residential premises (building) with operational and utility services.

2. Responsibilities of the parties

2.1. The service organization undertakes:

2.1.1. Carry out maintenance and sanitary maintenance of a residential building in accordance with current Rules and norms technical operation housing stock.

2.1.2. At the Customer's request, ensure delivery to the Customer's premises utilities, namely: water supply and sanitation, electricity supply, heat supply.

2.1.3. Issue invoices to the Customer for payment for services rendered in a timely manner.

2.1.4. Within a reasonable time, consider complaints and proposals received from the Customer regarding the subject of the contract, accept necessary measures with their permission.

2.2. The customer is obliged:

2.2.1. Provide the Service Organization with copies of concluded contracts for the supply of utility services. Copies of agreements are provided if they are concluded with third parties.

2.2.2. Reimburse the Service Organization for costs associated with servicing a residential building in the manner and on the terms established by this agreement.

2.2.3. Use the Premises in accordance with their purpose, without damaging the housing stock, keep it in full working order, ensure its sanitary maintenance, prevent the establishment of mechanisms and technical equipment, disrupting the maintenance and operation of the housing stock.

2.2.4. Comply with the instructions of the Service Organization regarding the operation of the occupied Premises and the entire residential building as a whole. Bear, on a general basis, the costs of operating intra-house networks, engineering and other equipment of a residential building, as well as when carrying out major repairs in proportion to the available area to the total area of the residential building.

2.2.5. Maintain engineering and plumbing equipment in the Premises, notify the Service Organization in writing about violations in the operation of engineering equipment (leaks, short circuits, etc.), and take measures to eliminate them.

2.2.6. Provide access to the Service Organization's employees to the Premises, as well as to in-house engineering equipment and communications located in the Customer's Premises for the Service Organization to carry out repair work. In-house engineering equipment and communications located on the Customer's premises must not be closed or cluttered, providing free access to them; in the absence of free access, access is provided by the Customer; expenses incurred in this case are not reimbursed by the Service Organization.

2.2.7. Within a month from the date of signing this agreement, install the devices commercial accounting consumption of utilities at the entrance to the Premises or in another place as agreed with the Service Organization. Upon installation of metering devices, a corresponding act is drawn up in the presence of representatives of the Customer, the Service Organization and the supplier of the relevant service; metering devices are sealed in accordance with the established procedure.

2.2.8.In the event of an emergency in mandatory invite representatives of the “Servicing Organization” in writing or by telephone to jointly draw up a report on the reasons for its occurrence. A unilateral act signed by representatives of the Customer is considered invalid.

2.2.10. Produce at your own expense, subject to appropriate permission from the service organization, major renovation inside the non-residential premises accepted for use (property), associated with the improvement of its decoration, installation additional equipment and performed in excess of the scope of work provided for in this agreement.

2.2.11. Without the written permission of the Service Organization duly executed:

Do not transfer utility networks;

Do not install, connect or use electrical Appliances and machines with a power exceeding the technological capabilities of the in-house electrical network, additional sections of heating devices, control and shut-off valves;

Do not connect or use household appliances and equipment, including individual water purification devices, that do not have technical passports(certificates) that do not meet operational safety requirements and sanitary and hygienic standards;

Do not violate existing accounting schemes for the supply of utilities;

Do not use coolant in heating systems for purposes other than its intended purpose (use of network water from heating systems and appliances for domestic needs);

Do not allow work or other actions that lead to damage to premises or building structures.

2.3. General responsibilities of the parties:

3. Cost of services and payment procedure

3.1. The cost of work under this contract is: _________________ rubles per year, __________________ rubles per month.

3.2. The customer, within 10 days after signing this agreement, makes an advance payment in the amount of double the monthly fee established by clause 3.1. actual agreement.

3.3. The Customer monthly, no later than the 10th day of each month following the reporting month, makes payment for the services provided to the Service Organization. The basis for payment is the invoice issued by the Service Organization.

3.4. The service organization, when issuing an invoice for payment for services rendered for the reporting period, attaches a Certificate of Work Completed to the invoice. In the absence of written objections from the Customer regarding the completion of work under this contract for the reporting period within 10 days from the receipt of the invoice and the Certificate of Completion, the work is considered accepted by the Customer and is subject to payment.

5.2. This agreement is considered extended for one year on the same terms, if 30 days before its expiration, neither Party declares its termination.

5.3. This agreement may be terminated by the Service Provider in unilaterally with notification to the Customer 15 days before the expected date of termination of the contract.

6. Other conditions

6.1. All changes and additions to this agreement are made in writing and signed by the Parties.

6.2. This agreement has been drawn up in two identical copies, one for each of the Parties.

6.3. Costs associated with the performance by the Service Organization of work not specified in the contract, including those arising for objective reasons related to rising prices, emergency situations that occurred through no fault of the Service Organization, are additionally covered by the Customer of the premises.

6.4. In case of change of legal address, bank and other details. The parties are obliged to notify each other about this in writing within 10 days.

Details and addresses of the parties

E-mail address

________________________________________

Appendix No.

to the lease agreement

No._______ dated “___”___________200__

Agreement No. __________

with the Tenant about participation in expenses,

related to the maintenance of the Lessor's property

"____ "____________ 200_ g.

Name, hereinafter referred to as the “Lessor”, represented by Director _______________, acting on the basis of the Charter on the one hand, and _____________________________________, hereinafter referred to as the “Tenant”, represented by the General Director ____________________________, acting on the basis of the Charter, on the other hand, have entered into this Agreement about the following:

1. The Subject of the Agreement

1.1. In accordance with the occupied area, the Tenant reimburses part of the Landlord’s costs associated with the maintenance of the building, its utility networks and equipment, territory, outdoor lighting, and common areas; preparing the building for use in winter conditions; maintenance of roads, pipelines, pest control of premises and other operating costs; export household waste and other waste, costs for environmental measures (if production is located on rented premises), communications, security; providing the building with water supply, sewerage and heating services, electricity; administrative and economic services; payment of land tax.

2. Rights and Obligations of the parties

2.1. The lessor is obliged:

2.1.1. Carry out timely and high-quality work to eliminate accidents and preventive repairs of engineering equipment of central heating stations, main pipelines and electrical networks.

2.1.2. Warn the Tenant about the temporary, forced termination of the provision of individual species services.

2.1.3. Within 10 days, consider complaints and proposals received from the Tenant regarding the subject of the Agreement. Take the necessary measures to resolve them.

2.2. The tenant is obliged:

2.2.1. Follow the rules internal regulations the Lessor's enterprise, rules and regulations for the operation of premises, engineering structures and equipment in accordance with regulatory documents (SNIP, labor protection rules, safety regulations, fire safety and so on.).

2.2.2. Provide access to the premises for the Lessor's employees to check the technical condition of the water intake fittings and other systems located on the Tenant's premises.

2.2.2. Immediately notify the Lessor of any damage or malfunctions in communication systems.

2.2.3. In the event of an accident, take all necessary measures to eliminate it. If accidents occur due to the Tenant's fault, the work to eliminate them and eliminate the consequences is paid by the Tenant.

2.2.4. Do not carry out, without the written permission of the Lessor, any work related to changing any engineering and technical communications, including security and fire alarm. In the event of an agreed redevelopment and re-equipment of the premises, after the work has been completed in full, the premises are accepted for operation on the basis of an acceptance certificate signed by a representative of the Lessor.

2.2.5. Take part in the Lessor's costs for the repair of the building, main engineering structures, roads and communication networks that ensure the normal operation of the premises occupied by the Lessee.

2.2.6. Maintain the property in good condition, carry out routine repairs at your own expense and bear the costs of its maintenance.

2.2.7. By the 5th day following the reporting month, receive an invoice from the Imyarek accounting department for payment of reimbursement for utility services.

2.2.8. Provide to the accounting department of Imyarek copies of payment orders for making payments provided for in the Agreement for reimbursement of utility and operating expenses with the bank’s mark on execution; these copies must be submitted to the accounting department of the Central Administrative District within two working days, counting from the day indicated in the bank’s execution note.

2.3. The lessor has the right:

2.3.1. If the costs of performing work related to the subject of the Agreement increase or decrease, recalculate the cost of equity participation.

2.4. The tenant has the right:

2.4.1. Require the Lessor to carry out timely work to eliminate damage to engineering equipment, communication networks and ensure normal operation of the rented premises.

2.4.2. Demand from the Lessor compensation for losses arising due to his fault.

The parties undertake to immediately notify of changes in their bank details. Failure of a party to comply with this clause deprives it of the right to refer to the fact that the notice or payment provided for in the Agreement was not made properly.

3. Cost of work and payment procedure

3.1. Reimbursement of the Lessor's costs associated with utility and operating expenses for the current month of rent is made by the Lessee according to calculations (Appendix No. 3.1 to the Agreement). If tariffs for services increase, the cost of reimbursement will be recalculated.

3.2. Payment is made before the 10th day following the reporting month, based on the Lessor's accounts, by transfer Money to the Lessor's account.

3.3. All changes to the terms of the contract are formalized by an additional agreement.

4. Responsibility of the parties

4.1. In case of non-fulfillment or improper fulfillment by the Tenant or the Lessor of the obligations provided for in clauses. 2.1, 2.2 of this Agreement, the parties bear responsibility to the extent provided for by current legislation Russian Federation.

4.2. In case of non-compliance with the procedure and terms for payment, the Lessor, on the basis of Article 619 of the Civil Code of the Russian Federation, reserves the right to early termination of both Appendix No. 3 to the lease agreement and the Lease Agreement itself.

5. Duration of the Agreement

5.1. The validity period of the Agreement is established in accordance with the validity period of the Premises Lease Agreement from "____" ____________ 200_ to "____"_____________ 200__.

6. Dispute resolution procedure

6.1. Disputes arising during the execution of this Agreement and not settled by agreement of the parties shall be resolved in arbitration court in accordance with current legislation.

7. Details of the parties

Lessor:

Tenant

Signatures of the parties

Lessor: Tenant:

__________________ _____________

To make it easier for you to draw up a cost reimbursement agreement - a sample for utility services, below will be an explanation of what it is, what rules for drawing up there are and how best to draw up the agreement.

This condition is most often set at the time of concluding a rental agreement for the premises.

There are many types of public services, but the essence of drawing up a conclusion is very similar for all. Therefore, let's look at the example of a reimbursement agreement for heat supply.

Terms and Definitions

In this paragraph you must enter the number of premises you are receiving or renting out. The area, address, registration data, and series certificate are also included there. Describe what utility networks are located in the area of the building. Indicate the address of their location.

In this paragraph, the parties to the transaction should specify the boundaries of responsibility of the utility network, which will determine the responsibility of users. Depending on the city where the contract is drawn up, there are certain requirements, norms or standards that are included in the Act on the Division of Operational Responsibility for the Premises.

Example of an agreement on reimbursement of utility costs for heat supply

The header of the paper will indicate the topic of the appeal, in our case – the Communal Compensation Agreement. costs for heating the premises.
Address – immediately below the header it is written at which address the application will be submitted.
Even lower, your city and the actual date of compilation of this document will be indicated.
Next comes the text of the petition, where you indicate on whose behalf and to whom it is addressed.
Definition terms - there is a list of everything you received for rent.
The subject of the agreement is what you agreed on with the landlord or tenant.
Calculation procedure – the amount of the compensation agreement is indicated, including VAT.
Rights and obligations of the parties - what the landlord must do, and what rules the tenant must adhere to.
Circumstances force majeure– simply put, force majeure situations, when the parties to a transaction are released from the responsibility to pay costs.
Additional conditions - all minor points are indicated here, such as the number of contracts, what is included in the contract, etc.
Address and details – details of both parties are indicated.
Signature and place for printing.

This is what a sample agreement looks like, and you can use it if there is a need to draw up such a paper. Now let's go through the points of this document to understand them in more detail.

Video: New rules

It should be indicated here that the Customer assumes full responsibility for reimbursement of utility costs that the Contractor will have. Further, this paragraph specifies the validity period of the agreement.

Payment procedure

The next step is to formalize the payment procedure, where all reimbursement prices are indicated.

Along with the cost is included the amount spent on VAT repayment (18%). The contract must be paid monthly, and the customer reimburses the contractor exactly the amount that he contributed to pay off the utility debt.

The interaction is based on a fixed area of the room, which is divided into shares.

The contractor retains a portion of (X) sq.m., and then a number is indicated as a percentage of how much this amounts to the total dimensions of the building.
How much does the customer have left - volume in square meters and percentage.

Cash;
By non-cash method.

The exact amount of the return payment for investments in utility bills is indicated here.

The customer fulfilled his obligations if the money was transferred to the contractor’s account. If this does not happen, then the executor may demand payment of a penalty. It is determined as follows: 0.1% of the payment amount for each day of delay.

The customer may be exempt from paying this amount if he is able to provide as evidence the reasons that did not allow the payment to be made. If the delay occurs due to insurmountable circumstances that arose through no fault

Contractor, then the amount calculated by the contractor in excess of the payment amount established by the contract is written off.

Rights and obligations of the parties

Each party to the transaction is obliged to perform certain actions that will facilitate timely payment of utilities, as well as reimbursement of the costs of these payments.

Therefore, the customer and the contractor have direct responsibilities, opportunities and rights that both can or must fulfill.

Responsibilities of the performer:

Timely conclusion of a heat supply agreement with engineering companies.
Payment for the services of an engineering organization, in accordance with the established agreement with their management.
Every month issue an invoice for the customer, which includes a list confirming the reality of the amount billed. That is, the contractor must necessarily prove that the amount of compensation for utilities is real, and not fictitious or attributed.
At the direct request of the customer, verify payments that the contractor makes under the contract. The period for conducting such a check is allocated for 10 calendar days from the moment the request was received.

Performer Rights

The contractor has a direct right to stop using the services of an engineering company if the customer himself has stopped paying compensation for expenses. If payment is not received within 10 days from the agreed payment date, then the landlord has every right to refuse utilities.

In turn, the law interprets this in such a way that the performer does not violate rules or established norms, but uses measures to obtain compensation. According to Article 328 of the Civil Code of the Russian Federation, such behavior of the performer will be completely legal.

Moreover, it may continue until the customer has paid the full amount of costs and damages incurred by the tenant due to the delay.

What is the performer not responsible for?

The Contractor is not obliged to bear responsibility for damage or losses of the lessor that were caused by the breakdown of equipment used to provide utility services.

This rule applies if the breakdown of the communication network - pipeline, electrical wire, etc. - occurred without the intentional or deliberate actions of the performer.

Responsibilities of the customer

The lessor also has certain responsibilities that must be fulfilled to ensure the level of safety and technical serviceability of all property used by the contractor.

The customer also undertakes not to carry out actions that may violate the procedure for using public services, which are specified in the contract. If problems are discovered with utility networks, the lessor must notify the contractor about this so that he can, if possible, take measures aimed at eliminating the man-made accident.

The customer cannot convert internal systems water, gas, electricity and heat supply without written notice to the contractor. This also includes the rule not to install any sections for the heating system, etc., without the consent of the tenant.

The landlord undertakes to promptly pay compensation for utilities no later than 5 days from the date of receipt of written notice. Also, if during cooperation under a rental agreement, damage was caused to the contractor through the fault of the customer, the former undertakes to take all measures to eliminate the problem.

He must also pay all expenses that arise in the event of such a precedent.

The customer undertakes to resolve all issues with government agencies instead of the contractor.
Provide the tenant with free access to the premises and equipment.
Give a reasoned refusal to pay for utilities, and if the contractor does not respond to it within 5 working days, then such refusal is considered accepted.
Provide access to tenant representatives to monitor the reimbursement agreement.

Customer rights

The customer has every right to check the contractor’s claims for damages for authenticity. And also in case of failure of the latter to fulfill his rent obligations, impose a penalty of 0.1% for each day of delay.

If the contractor has evidence of delayed payments, the penalty will be removed in full.

Force majeure

There is a clause in the contract that provides for the case when both parties to the transaction are released from any obligations and payments. These include:

Fires, floods, earthquakes and other things that cannot be controlled by the parties to the transaction.
If a party cannot work under the contract, then within 5 days the other party must notify the other party.
If this continues for 2 weeks, the parties can terminate the contract.

Other conditions

This clause of the contract includes everything that will happen in the event of a breach of duty. Here you should indicate how many acts or appendices the full set of the agreement contains, as well as questions regarding additional changes to the agreement and the sequence of actions for their implementation.

It should also be stated here under what conditions and under what circumstances the parties have the right to prematurely suspend cooperation on a document for reimbursement of utility costs.

Now you understand what main points should be included in the contract for compensation for damages for utility payments. Such an agreement imposes obligations on both parties to the transaction, so you should be careful when observing the rules specified in the cooperation document. This will avoid unnecessary fines or litigation.

Contract for reimbursement of utility costs for heat supply. Obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with customs business turnover or other normally applicable requirements.

If the obligated party fails to provide the performance of the obligation stipulated by the contract or there are circumstances clearly indicating that such performance will not be carried out in fixed time, the party on whom the counter-performance lies has the right to suspend the performance of its obligation or refuse to perform this obligation and demand compensation for damages.

If the fulfillment of the obligation stipulated by the contract is not carried out in full, the party on whom the counter-performance lies has the right to suspend the fulfillment of its obligation or refuse to perform in the part corresponding to the unprovided performance.

(at the address: ____________, Moscow, st. ________________, no. ___)

Moscow
"____" __________ 20__

Open Joint Stock Company "_____________________" (abbreviated name - OJSC "_______________"), hereinafter referred to as the "Customer", represented by general director ______________________, acting on the basis of the Charter, on the one hand, and the open joint-stock company "_____________________" (abbreviated name - OJSC "____________"), hereinafter referred to as the "Contractor", represented by General Director _____________________, acting on the basis of the Charter, on the other hand, collectively referred to as the Parties, have entered into this Agreement for the reimbursement of utility costs for heat supply (hereinafter referred to as “ compensation agreement") about the following:
1. TERMS AND DEFINITIONS
1.1. Premises – non-residential premises occupied by the Customer and located at the address: Moscow, st. _____________________, house ___, building No. __, with total area ___________ sq.m., on the right of ownership, registration record ___-___-___/____/_____-____, certificate of series ___ ___ No. ___________.
1.2. Network engineering - engineering Communication and equipment intended for the provision of heat supply services and located at the address: Moscow, st. ___________________, house ___, building No. __ (hereinafter referred to as the “Building”).
1.3. The boundary of division of responsibility is the boundary in Engineering networks Buildings that determine the responsibility of the owners (users) for their proper maintenance in accordance with the requirements and standards in force in Moscow and approved by the Parties in the Act on the Division of Operational Responsibility.

2. SUBJECT OF THE AGREEMENT
2.1. In accordance with this reimbursable agreement, the Customer assumes the obligation to reimburse the Contractor’s expenses for heat supply to the Premises.
2.2. The period of validity of the compensation agreement is from “___” _________ 20__ to “___” _________ 20__.

3. PAYMENT PROCEDURE
3.1. The price of the paid agreement is _______________ (_______________ thousand ________________) rubles ___ kopecks, including VAT 18% - _________ (______________ thousand _____________) rubles __ kopecks. Payment under the Agreement is made monthly, in proportion to the expenses actually incurred by the Contractor in accordance with Appendix No. 1 to the compensation agreement.
3.2. The Customer, within the month following the paid month, reimburses the Contractor's expenses on the basis of an invoice issued by the Contractor in accordance with costs and calculations in accordance with Appendix No. 1 to the reimbursement agreement, an invoice and a certificate of services rendered.
3.3. The basis for mutual settlements is the area of the Building assigned to the Parties, which is distributed in the following shares:
— the Contractor is assigned ___________ sq.m., which is 82.15% of the total area of the Building;
- for the Customer - _________ sq.m., which is 17.85% of the total area of the Building.
3.4. Payment under the fee-based agreement is made in cashless form to the Contractor's bank account specified in Section 7 of the Agreement within five working days from the date of receipt of the invoice.
3.5. The Customer's obligation to pay is considered fulfilled from the moment the funds are transferred to the Contractor's bank account.
3.6. If the Customer violates the deadlines for reimbursement of the Contractor's expenses, which are the subject of a reimbursable agreement, the Contractor has the right to demand payment of a penalty in the amount of 0.1% (one tenth of a percent) of the amount owed for each day of delay. The customer is exempt from paying the penalty if he proves that the delay in fulfilling the specified obligation occurred due to force majeure or the fault of the Contractor.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The performer is obliged:
4.1.1. Conclude a heat supply agreement in a timely manner.
4.1.2. Make payments for heat supply services to the Premises in a timely and proper manner, guided by the terms of the agreement with the heat supply organization.
4.1.3. Every month, during the month following the billing month, issue an invoice to the Customer, attaching a calculation of the billed amount in accordance with Appendix No. 1 to the reimbursement agreement, and copies of documents confirming the costs incurred by the Contractor to pay for heat supply, as well as the act and invoice.
4.1.4. At the Customer's request, reconcile payments made under this agreement within ten calendar days from the date of receipt of the request.
4.2. The performer has the right:
4.2.1. Terminate the provision of heat supply services to the Premises if the Customer delays reimbursement of the Contractor's expenses for payment of these services (or part thereof) for a period of more than 10 (ten) calendar days from the date when the corresponding payment should have been made in accordance with the reimbursable agreement. Such termination of the Contractor's obligation does not constitute a violation of the compensation agreement, but is an operational measure aimed at reducing the Contractor's losses. Proper fulfillment of the Contractor's obligation in accordance with Article 328 of the Civil Code of the Russian Federation is conditioned by the proper fulfillment of the Customer's obligation and is not subject to fulfillment until the Customer's obligation is properly fulfilled.
4.3. The Contractor is not responsible for any losses of the Customer resulting directly or indirectly from a malfunction or interruption in the operation of any equipment involved in the provision of heat supply services to the Premises specified in the indemnity agreement, provided that such losses were not caused by the intentional actions of the Contractor .
4.4. The customer is obliged:
4.4.1. Maintain the utility networks of the Premises in technically sound condition, comply with established safety regulations, fire safety and internal sanitation.
4.4.2. Do not take actions that violate the procedure for using heat supply services for the Premises, established by the compensation agreement, the rules for the provision of utility services, the requirements and norms in force in this area in Moscow.
4.4.3. Promptly inform the Contractor about malfunctions of engineering systems, emergency situations and allow representatives of the Contractor to eliminate accidents, inspect, check and control Engineering Networks.
4.4.4. Do not re-equip internal utility networks without written agreement with the Contractor.
4.4.5. Do not install additional sections of heating devices, water taps on heating systems without written approval from the Contractor; do not use coolant in heating systems for purposes other than its intended purpose; Do not drain water from the heating system without the Contractor’s permission.
4.4.6. Every month, within five working days from the date of receipt of the Contractor's invoice with the documents attached to it specified in the reimbursement agreement, reimburse the Contractor for the costs of heating the Premises in the manner and on the terms provided for in the Contract.
4.4.7. In the event of damage to the Contractor associated with the execution of the Agreement, which occurred through his own fault, take all necessary measures to eliminate the consequences. Pay all the Contractor's expenses related to the elimination of accidents that occurred due to the Customer's fault within 5 (five) business days from the date the Contractor issues an invoice and submits supporting documents.
4.4.8. In the event that the Contractor is issued orders from government bodies in connection with the Customer’s activities related to the operation of the Premises Engineering Networks, such requests are addressed to the Customer. The customer is obliged to take measures to eliminate violations in accordance with the received order, and if a fine is issued for violating the order, pay the fine.
4.4.9. Ensure unimpeded and immediate access to the Premises for emergency technical services employees, a representative of the Contractor, in the event of any emergency and/or emergency situations.
4.4.10. Sign a monthly certificate of services rendered under a paid contract within 5 (five) working days from the date of receipt of it from the Contractor, or give a reasoned refusal in writing. If, within 5 (five) working days from the date of receipt of the specified act, the Customer does not return one copy of the act to the Contractor signed on his part, or does not send a reasoned refusal to the Contractor, then the act is considered signed by the Customer, and the services are provided in full, of proper quality .
4.4.11. Allow the Contractor's representatives to the Premises to monitor the execution of this paid agreement.
4.4.12. Appoint those responsible for heat supply from among the certified persons within 5 (five) working days from the date of signing the compensation agreement and notify the Contractor about this in writing by transmitting a copy of the appointment order responsible persons. The Parties hereby agree that these persons will be authorized to correspond and represent the Customer before the Contractor on the above issues.
4.4.13. If the list of such persons changes, he must notify the Contractor about this no later than the day of the crime of such persons to perform their duties.
4.5. The customer has the right:
4.5.1. Check the validity of the amount indicated in the invoice issued by the Contractor.
4.5.2. In case of violation of the terms of fulfillment by the Contractor of its obligations stipulated by this compensation agreement, the Customer has the right to demand payment of a penalty in the amount of 0.1% of the cost of monthly service for each day of delay. The executor is released from paying the penalty if he proves that the delay in fulfilling the specified obligation was not due to his fault.

5. FORCE MAJEURE CIRCUMSTANCES
5.1. The parties are released from liability for failure to fulfill obligations under the indemnity agreement if this failure was a consequence of force majeure circumstances, namely: fire, flood, earthquake, military action, provided that these circumstances directly affected the fulfillment of the terms of the Agreement. In this case, the period for fulfilling Contractual obligations will be extended for the duration of the specified circumstances.
5.2. The Party that is unable to fulfill its Contractual obligations immediately informs the other Party about the commencement of the specified circumstances, but in any case no later than 5 (five) working days after the commencement of their actions.
5.3. If these circumstances continue for more than 14 calendar days, each Party may propose to terminate the paid agreement. In the event of termination of the Agreement on the grounds provided for in this article, neither Party has the right to demand compensation for its losses from the other Party. In this case, the Parties will make the necessary mutual settlements, which involve payment of obligations fulfilled under the agreement and the return of previously transferred funds for obligations that were not fulfilled due to the occurrence of force majeure circumstances.

6. OTHER CONDITIONS
6.1. The compensation agreement is concluded in 2 copies having the same legal force: one is kept by the Contractor, one by the Customer.
6.2. The integral parts of the Agreement are the following annexes:
6.2.1. Appendix No. 1 – Calculation of the cost of heat supply to the Premises.
6.2.2. Appendix No. 2 – Act of delineation of operational responsibilities.
6.3. Disputes arising during the execution of the compensation agreement are considered in accordance with the legislation of the Russian Federation. The parties will make every effort to resolve controversial issues through negotiations, and only if agreement is not reached and it is impossible to reach a compromise, the controversial case will be referred to the Moscow Arbitration Court.
6.4. In all other respects that are not provided for in the Utility Expenses Reimbursement Agreement, the Parties are guided by the legislation of the Russian Federation.
6.5. Changing the terms of the compensation agreement is permitted only by agreement of the Parties. Additions and changes made are considered by the Parties within 10 working days from the date of receipt and, if the Parties reach agreement, are formalized in an additional agreement. If the Parties do not reach agreement, the Agreement is valid on the same terms.
6.6. The terms of the compensation agreement are binding on the legal successors of the Parties.
6.7. The parties agree that, with the exception of information that, in accordance with the legislation of the Russian Federation, cannot constitute a trade secret legal entity, the contents of the Agreement, as well as all documents transferred by the Parties to each other in connection with the Agreement, are considered confidential and belong to trade secret Party, which is not subject to disclosure without the written consent of the other Party.
6.8. References to a word or term in a contract in the singular include references to that word or term in plural. References to a word or term in the plural include references to that word or term in the singular. This rule is applicable unless otherwise follows from the text of the Agreement.
6.9. For convenience, in the indemnity agreement, the Customer and the Contractor also mean their authorized persons, as well as their possible successors.
6.10. Notifications and documents transferred under the indemnity agreement are sent in writing to the following addresses:
6.10.1. For the Contractor: ___________________________________.
6.10.2. For the Customer: _______________________________.
6.11. Any messages are valid from the date of delivery to the appropriate correspondence address.
6.12. If the details of one of the Parties change, it is obliged to immediately notify the other Party, provided that such a new address for correspondence can only be an address in Moscow. Otherwise, the Party’s fulfillment of obligations under the previous details will be considered proper fulfillment of obligations under the Agreement.
6.13. This paid agreement for reimbursement of utility costs may be terminated early in accordance with the procedure established by law. Early termination of the Agreement is possible in the event of failure or improper fulfillment by one of the Parties of its obligations under the Agreement or by agreement of the Parties. The Parties are obliged to notify each other of their intention to terminate the Agreement early at least 30 (thirty) days before the expected date of termination of the Agreement.

7. ADDRESSES AND DETAILS OF THE PARTIES

Customer: JSC "_______________",

Customer:
__________________
M.P.

Contractor: JSC "______________".
Address: __________, Moscow, st. ________________, d. __.
INN ____________, checkpoint ____________, OGRN ________________________,
r/account No. ___________________________.
at JSC ______________ Moscow,
corr. account No. ___________________, BIC _______________________.

Executor:

General Director of JSC "___________"

____________________

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Moscow "___" ___________ 201_

Open Joint Stock Company "_______________________________" (short name - OJSC "__________"), hereinafter referred to as the "Executor" represented by the General Director _______________, acting on the basis of the Charter, on the one hand, and the limited liability company "__________________________________________" (short name - LLC “___________”), hereinafter referred to as the “Consumer”, represented by the General Director _______________, acting on the basis of the Charter, on the other hand, and together referred to as the Parties, have entered into this indemnity agreement (hereinafter referred to as the “Agreement”) as follows:

1. TERMS AND DEFINITIONS
1.1. Premises -and located at the address: Moscow, st. ________________________, house __, building No. __, total area _______ sq.m., on the right ________________, registration record _________________, certificate of series _______ No. ________________ (copy of the certificate - Appendix No. 1).
1.2. Services - maintaining in proper sanitary condition the internal territory of the courtyard of building No. _ adjacent to the Premises, located at the address: Moscow, st. _______________________, d. __, in accordance with the requirements and standards in force in Moscow, as well as ensuring the provision of utility services to the Consumer for the supply of electricity, heat, cold and hot water, removal of solid household waste and provision of ventilation of the Consumer's premises.
1.3. Engineering networks - engineering communications and equipment intended for the provision of Services and located at the address: Moscow, st. _______________________, house __, building No. _ (hereinafter referred to as the “Building”).
1.4. The boundary of division of responsibility is the boundary in the Engineering Networks of the Building that determines the responsibility of the Parties for their proper maintenance in accordance with the requirements and standards in force in Moscow and approved by the Parties in the Act on the Division of Operational Responsibility (Appendix No. 2).

2. SUBJECT OF THE AGREEMENT
2.1. In accordance with this compensation agreement, the Contractor undertakes to provide the Consumer with Services of the established quality, and the Consumer undertakes to pay for the Services provided.
2.2. The indemnity agreement is considered concluded from the moment it is signed by the Parties and is valid for six months.

3. PAYMENT PROCEDURE
3.1. The Consumer, within the month following the paid month, makes payment for the Services to the Contractor, on the basis of an invoice issued by the Contractor in accordance with the costs and calculations given in the calculation attached to the Agreement (Appendix No. 3).
3.2. Payment for Services is made in cashless form to the Contractor's bank account specified in Section 7 of this Agreement within five business days from the date of receipt of the invoice.
3.3. In the event of a change in the cost of the Services, it is justified by the Contractor, attaching documents from organizations that provide it with utility services related to the operation of the Building, on the basis of which such changes occurred, as well as other supporting documents.
3.4. The Consumer's obligation to pay for the Services provided is considered fulfilled from the moment the funds are transferred to the Contractor's bank account.
3.5. In case of delay by the Consumer in paying for the Services and transferring other payments due in accordance with the agreement for reimbursement to the Contractor, the Consumer shall pay the Contractor a penalty in the amount of 0.1% (one tenth of a percent) of the debt amount for each day of delay.
3.6. Additional Services (not specified in this Agreement) provided by the Contractor to the Consumer are paid in accordance with additional agreements.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The performer is obliged:
4.1.1. Ensure the provision of Services of the established quality.
4.1.2. Promptly inform about the implementation of preventive, repair, emergency and urgent work and work that requires additional financial costs.
4.1.3. In accordance with the Act on the Division of Operational Responsibility (Appendix 2 to the Agreement), maintain its Engineering systems in constant working condition in order to provide compensation for Services of the established quality under this agreement.
4.1.4. Monthly, issue an invoice, with the attachment of a calculation of the amount invoiced and the documents on the basis of which this calculation was made, as well as acts and invoices.
4.1.5. If the cost of the Services changes, notify the Consumer about this, attaching supporting documents.
4.1.6. At the request of the Consumer, reconcile payments made under this reimbursement agreement within ten calendar days from the date of receipt of the request.
4.2. The performer has the right:
4.2.1. Send monthly reports of Services provided under the Agreement to the Consumer for signing.
4.2.2. Demand compensation for losses incurred due to the fault of the Consumer, his business partners and visitors, due to their violation of the rules of operation of the Premises, untimely payment of payments provided for in the Agreement or failure to fulfill other obligations under the Agreement.
4.2.3. Make changes to your engineering systems and equipment of the Building, as well as stop the services provided in relation to them, while these actions of the Contractor should not significantly impair the provision of Services to the Consumer.

etc…

The entire sample contract for reimbursement of utility costs is in the attached file.