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Operating And Maintenance Agreement
1. Parties: Identification and details of the service provider (O&M contractor) and the facility owner/operator
2. Background: Context of the agreement, including description of the facility/equipment to be maintained
3. Definitions: Key terms used throughout the agreement, including technical terminology specific to the facility/equipment
4. Scope of Services: Detailed description of maintenance and operational services to be provided
5. Service Provider's Obligations: Core responsibilities of the O&M contractor, including performance standards and KPIs
6. Client's Obligations: Responsibilities of the facility owner, including access provision and information sharing
7. Health, Safety and Environment: HSE requirements and compliance obligations
8. Personnel and Subcontractors: Requirements for staff qualifications, training, and management of subcontractors
9. Compensation and Payment Terms: Fee structure, payment schedules, and invoicing procedures
10. Term and Termination: Duration of agreement, renewal options, and termination conditions
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Insurance: Required insurance coverage and minimum limits
13. Force Majeure: Provisions for unforeseen circumstances affecting performance
14. Dispute Resolution: Procedures for handling disputes under Danish law
15. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Performance Guarantees: Specific performance guarantees and associated penalties/bonuses, used when strict performance metrics are required
2. Spare Parts Management: Provisions for inventory management and procurement of spare parts, included when spare parts are critical to operations
3. Emergency Response: Procedures for handling emergency situations, included for critical facilities or high-risk operations
4. Technology and Software: Terms regarding use and maintenance of software systems, included when digital systems are part of O&M scope
5. Environmental Compliance: Detailed environmental obligations, included for facilities with significant environmental impact
6. Training Requirements: Specific training obligations for client's personnel, included when knowledge transfer is required
1. Schedule 1 - Scope of Services: Detailed breakdown of maintenance tasks, frequencies, and procedures
2. Schedule 2 - Site Description: Technical details and layout of the facility/equipment to be maintained
3. Schedule 3 - Key Performance Indicators: Specific performance metrics and measurement methods
4. Schedule 4 - Fee Schedule: Detailed pricing structure including fixed fees and variable components
5. Schedule 5 - Spare Parts List: List of critical spare parts and their management requirements
6. Schedule 6 - Required Insurance: Detailed insurance requirements and coverage limits
7. Schedule 7 - HSE Requirements: Detailed health, safety, and environmental procedures
8. Schedule 8 - Forms and Reports: Templates for routine reports, maintenance logs, and other documentation
9. Schedule 9 - Contact Details: Key personnel and emergency contact information for both parties
Authors
Applicable Laws
Approved Subcontractors
Best Industry Practice
Commencement Date
Confidential Information
Corrective Maintenance
Critical Equipment
Emergency Maintenance
Environmental Requirements
Equipment
Facility
Force Majeure Event
Good Operating Practice
HSE Requirements
Intellectual Property Rights
Key Performance Indicators
Maintenance Plan
Maintenance Services
Operating Manual
Operating Services
Performance Standards
Planned Maintenance
Preventive Maintenance
Regular Reports
Service Fee
Service Level Agreement
Service Provider Personnel
Site
Spare Parts
Technical Specifications
Term
Working Day
Work Orders
Service Standards
Performance Requirements
Health and Safety
Environmental Compliance
Personnel Requirements
Subcontracting
Payment Terms
Insurance
Liability and Indemnification
Force Majeure
Termination
Dispute Resolution
Confidentiality
Intellectual Property
Assignment
Amendments
Notices
Governing Law
Data Protection
Warranties
Audit Rights
Emergency Response
Reporting Requirements
Risk Allocation
Compliance with Laws
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