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Operating And Maintenance Agreement
"I need an Operating and Maintenance Agreement for a solar power plant in Lagos, Nigeria, with a focus on local content requirements and environmental compliance, to be effective from March 2025."
1. Parties: Identification of the contracting parties - typically the facility owner and the O&M contractor
2. Background: Context of the agreement, facility description, and purpose of the O&M services
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Scope of Services: Detailed description of O&M services, including routine and preventive maintenance
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Contractor Obligations: Key responsibilities, performance standards, and service levels
7. Owner Obligations: Responsibilities of the facility owner, including access and information provision
8. Personnel and Training: Requirements for staffing, qualifications, and training obligations
9. Health, Safety and Environment: HSE requirements and compliance obligations
10. Performance Standards: Specific KPIs, performance metrics, and reporting requirements
11. Compensation and Payment: Fee structure, payment terms, and invoicing procedures
12. Spare Parts and Inventory: Management of spare parts, tools, and consumables
13. Warranties and Representations: Standard warranties from both parties
14. Liability and Indemnification: Risk allocation and indemnity provisions
15. Force Majeure: Events constituting force majeure and consequences
16. Insurance: Required insurance coverage and limits
17. Termination: Grounds for termination and consequences
18. Handover: Process for facility handover upon contract end
19. Dispute Resolution: Procedures for resolving disputes
20. Governing Law: Nigerian law as governing law and jurisdiction
1. Local Content: Required when the contract value exceeds thresholds under Nigerian Local Content Act
2. Technology Transfer: Required when involving foreign contractors with specialized technology
3. Emergency Response: Required for high-risk facilities or critical infrastructure
4. Environmental Management: Required for facilities with significant environmental impact
5. Security Requirements: Required for facilities in sensitive locations or handling sensitive materials
6. Customs and Import: Required when equipment or parts need to be imported
7. Intellectual Property: Required when proprietary technology or software is involved
8. Step-In Rights: Required for critical facilities where owner may need to take over operations
1. Schedule 1 - Scope of Services: Detailed breakdown of all O&M services and responsibilities
2. Schedule 2 - Facility Description: Technical details and specifications of the facility
3. Schedule 3 - Performance Standards: Detailed KPIs and performance metrics
4. Schedule 4 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
5. Schedule 5 - Required Personnel: Staff positions, qualifications, and organizational structure
6. Schedule 6 - Spare Parts List: Inventory of required spare parts and minimum stock levels
7. Schedule 7 - Forms and Reports: Templates for required reports and documentation
8. Schedule 8 - HSE Requirements: Detailed health, safety, and environmental procedures
9. Schedule 9 - Handover Requirements: Detailed procedures for end-of-contract handover
10. Schedule 10 - Emergency Procedures: Emergency response and business continuity procedures
Authors
Applicable Laws
Applicable Permits
Asset Register
Best Industry Practice
Change in Law
Commencement Date
Competent Authority
Confidential Information
Contract Year
Contractor Equipment
Contractor Personnel
Critical Spare Parts
Defect
Emergency
Environmental Laws
Facility
Force Majeure Event
Good Engineering Practice
Handover Date
HSE Requirements
Initial Term
Key Performance Indicators
Local Content Requirements
Maintenance Plan
Major Maintenance
Operating Manual
Operating Procedures
Operating Standards
O&M Fee
O&M Services
Owner Equipment
Owner Personnel
Performance Standards
Planned Maintenance
Preventive Maintenance
Quality Assurance Plan
Renewal Term
Routine Maintenance
Service Levels
Site
Spare Parts
Standard Operating Procedures
Start-up
Subcontractor
Technical Specifications
Term
Termination Date
Training Program
Unplanned Maintenance
Works
Term and Renewal
Scope of Services
Performance Standards
Contractor Obligations
Owner Obligations
Personnel and Training
Health and Safety
Environmental Compliance
Local Content
Operating Procedures
Maintenance Requirements
Spare Parts Management
Quality Assurance
Reporting and Records
Payment Terms
Performance Security
Insurance
Liability and Indemnification
Force Majeure
Change in Law
Warranties
Intellectual Property
Confidentiality
Assignment and Subcontracting
Step-in Rights
Emergency Procedures
Termination
Handover
Dispute Resolution
Governing Law
Notices
Anti-Corruption
Data Protection
Foreign Exchange
Tax
Entire Agreement
Severability
Waiver
Amendments
Third Party Rights
Oil and Gas
Power Generation
Infrastructure
Manufacturing
Telecommunications
Mining
Water Treatment
Healthcare
Industrial Processing
Renewable Energy
Transportation
Real Estate
Operations
Maintenance
Legal
Commercial
HSE
Procurement
Risk Management
Compliance
Technical Services
Asset Management
Finance
Human Resources
Operations Director
Maintenance Manager
Facility Manager
Technical Director
HSE Manager
Commercial Manager
Contract Manager
Project Manager
Legal Counsel
Chief Technical Officer
Procurement Manager
Risk Manager
Compliance Officer
Chief Operations Officer
Asset Manager
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