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Facility Management Services Agreement
"I need a Facility Management Services Agreement for our new corporate headquarters in Amsterdam, starting March 2025, with a strong focus on sustainability and smart building management, including energy efficiency targets and green cleaning services."
1. Parties: Identification of the service provider and client, including full legal names and registered addresses
2. Background: Context of the agreement, including brief description of the client's requirements and service provider's expertise
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Scope of Services: Overview of the facility management services to be provided, referring to detailed service specifications in schedules
5. Term and Commencement: Duration of the agreement, including start date and any initial term
6. Service Provider's Obligations: Key responsibilities and commitments of the facility management provider
7. Client's Obligations: Key responsibilities and commitments of the client, including access and information provision
8. Performance Standards and KPIs: Required service levels and how performance will be measured and monitored
9. Fees and Payment: Pricing structure, payment terms, and invoicing procedures
10. Staff and Subcontractors: Requirements for service provider's personnel and rules regarding subcontracting
11. Insurance and Liability: Insurance requirements and limitation of liability provisions
12. Confidentiality and Data Protection: Obligations regarding confidential information and personal data handling
13. Termination: Circumstances under which the agreement can be terminated and the consequences
14. Force Majeure: Provisions for handling events beyond parties' reasonable control
15. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Transition and Mobilization: Required when there is a complex mobilization phase or transition from previous service provider
2. Energy Management: Include when specific energy efficiency targets or sustainability requirements are part of the services
3. Innovation and Continuous Improvement: Include for longer-term contracts where service evolution is expected
4. Building Management System: Required when the service provider will operate or interface with building management systems
5. Security Services: Include when security services are part of the scope
6. Disaster Recovery and Business Continuity: Required for critical facilities or when services cannot be interrupted
7. Asset Management: Include when the service provider is responsible for managing client's assets
8. Warranties: Include when specific warranties for equipment or services are required
9. Change Control: Required for complex services where scope changes are likely
1. Service Specifications: Detailed description of each service to be provided, including frequency and quality standards
2. Pricing Schedule: Detailed breakdown of fees, rates, and pricing mechanisms
3. Performance Management Framework: Detailed KPIs, measurement methodologies, and reporting requirements
4. Site Information: Details of the facilities covered by the agreement, including locations and access arrangements
5. Equipment and Assets: Inventory of equipment and assets covered by the services
6. Staff and Key Personnel: Details of key staff positions and any transferred employees
7. Service Level Agreement: Detailed service levels, response times, and performance standards
8. Reporting Requirements: Templates and specifications for required reports
9. Health and Safety Requirements: Specific health and safety procedures and requirements
10. Form of Performance Bond: If required, the form of any performance security
11. Approved Subcontractors: List of pre-approved subcontractors if applicable
Authors
Term and Duration
Service Levels
Performance Standards
Fees and Payments
Health and Safety
Staff and Personnel
Subcontracting
Quality Management
Maintenance Obligations
Asset Management
Emergency Response
Environmental Compliance
Reporting Requirements
Audit Rights
Insurance
Liability
Indemnification
Confidentiality
Data Protection
Intellectual Property
Force Majeure
Change Management
Dispute Resolution
Termination Rights
Exit Management
Assignment
Notices
Governing Law
Anti-Corruption
Compliance with Laws
Warranties
Business Continuity
Security Requirements
Risk Management
Performance Monitoring
Key Personnel
Client Obligations
Service Provider Obligations
Transition Services
Energy Management
Commercial Real Estate
Healthcare
Education
Manufacturing
Retail
Financial Services
Technology
Government and Public Sector
Hospitality
Industrial
Corporate Offices
Research and Development
Operations
Facilities
Legal
Procurement
Finance
Risk and Compliance
Property Management
Health and Safety
Sustainability
Commercial
Real Estate
Building Services
Maintenance
Facility Manager
Operations Director
Chief Operating Officer
Procurement Manager
Contract Manager
Property Manager
Building Services Manager
Maintenance Manager
Health and Safety Manager
Sustainability Manager
Legal Counsel
Commercial Director
Real Estate Manager
General Counsel
Chief Financial Officer
Risk Manager
Compliance Officer
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