Operating And Maintenance Agreement Template for England and Wales

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Key Requirements PROMPT example:

Operating And Maintenance Agreement

"I need an Operating and Maintenance Agreement for our new manufacturing facility in Manchester, where we'll be outsourcing all maintenance services to a third-party provider starting from March 2025, with specific focus on 24/7 emergency response provisions and detailed KPIs for equipment uptime."

Document background
The Operating and Maintenance Agreement is essential for organizations requiring professional management and maintenance of their facilities or infrastructure. This agreement, governed by English and Welsh law, details comprehensive operational procedures, maintenance schedules, performance metrics, and compliance requirements. It's particularly crucial for complex facilities where continuous operation and regular maintenance are critical for business continuity. The agreement typically includes specific provisions for emergency responses, routine maintenance, staff requirements, and reporting obligations.
Suggested Sections

1. Parties: Identification and details of contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of maintenance and operation services

5. Performance Standards: Required service levels and KPIs

6. Payment Terms: Fees, payment schedule, and invoicing procedures

7. Term and Termination: Duration and termination provisions

8. Health and Safety: Safety requirements and procedures

Optional Sections

1. Staff Transfer Provisions: TUPE-related provisions, used when staff transfer is involved

2. Emergency Response: Emergency procedures, used for critical infrastructure

3. Technology Requirements: IT systems and software provisions, used when relevant to services

Suggested Schedules

1. Service Level Agreement: Detailed performance metrics and standards

2. Asset Register: List of equipment and assets covered

3. Pricing Schedule: Detailed breakdown of fees and charges

4. Maintenance Schedule: Planned maintenance timelines and procedures

5. Key Personnel: List of key staff and their responsibilities

6. Required Insurance: Insurance types and coverage levels

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Supply of Goods and Services Act 1982: Core legislation governing service quality standards, requiring reasonable care and skill, and establishing provisions for reasonable time and pricing in service contracts

Contracts (Rights of Third Parties) Act 1999: Legislation governing third-party rights, assignment provisions, and delegation considerations in contractual agreements

Health and Safety at Work etc. Act 1974: Primary legislation for workplace safety, including risk assessment obligations and worker protection requirements

Environmental Protection Act 1990: Environmental compliance legislation covering waste management and environmental protection requirements

Provision and Use of Work Equipment Regulations 1998 (PUWER): Industry-specific regulations governing the safe use and maintenance of work equipment

Control of Substances Hazardous to Health Regulations 2002 (COSHH): Regulations controlling exposure to hazardous substances in the workplace

Lifting Operations and Lifting Equipment Regulations 1998 (LOLER): Specific regulations for the safe operation and maintenance of lifting equipment

Pressure Systems Safety Regulations 2000: Regulations governing the safe operation and maintenance of pressure systems

Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): Employment legislation protecting workers' rights when business ownership changes

Working Time Regulations 1998: Legislation governing working hours, rest periods, and related employment conditions

National Minimum Wage Act 1998: Legislation establishing minimum wage requirements for workers

Employers' Liability (Compulsory Insurance) Act 1969: Mandatory insurance requirements for employers to cover workplace injuries and illnesses

UK GDPR: Data protection regulation governing the processing and handling of personal data in the UK post-Brexit

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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