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Facilities Management Agreement
"I need a Facilities Management Agreement for our office building in Brussels, where we want to engage a service provider to handle maintenance, cleaning, and security services starting from March 2025, with specific emphasis on sustainability requirements and energy management."
1. Parties: Identification of the service provider (FM Company) and the client, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, brief description of the client's facilities and the purpose of engaging a facilities management provider
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Services', 'Premises', 'Service Levels', 'KPIs', etc.
4. Scope of Services: Detailed description of the facilities management services to be provided, including core services and basic service levels
5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances under which either party may terminate
6. Service Provider Obligations: Key responsibilities and obligations of the FM provider, including compliance with laws, maintaining licenses, and standard of service
7. Client Obligations: Responsibilities of the client, including access to premises, provision of information, and cooperation requirements
8. Personnel and Subcontracting: Requirements for service provider's staff, vetting processes, and conditions for subcontracting
9. Fees and Payment: Pricing structure, payment terms, invoicing process, and provisions for price adjustments
10. Performance Management: KPIs, performance monitoring, reporting requirements, and remedy procedures for poor performance
11. Insurance and Liability: Insurance requirements, limitation of liability, and indemnification provisions
12. Health and Safety: Compliance with health and safety regulations, risk assessments, and safety procedures
13. Confidentiality and Data Protection: Protection of confidential information and compliance with GDPR and Belgian data protection laws
14. Force Majeure: Provisions for handling events beyond reasonable control of the parties
15. Dispute Resolution: Procedures for resolving disputes, including escalation process and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, entire agreement, and governing law
1. Energy Management: Include when the scope includes energy efficiency management and monitoring
2. Sustainability Requirements: Include when there are specific environmental or sustainability targets
3. Security Services: Include when security services are part of the scope, detailing specific security requirements and compliance with Belgian security services legislation
4. Asset Management: Include when the scope includes management and maintenance of specific assets or equipment
5. Transition and Mobilization: Include when there's a complex transition from existing service providers or mobilization period required
6. Business Continuity: Include for critical facilities requiring specific business continuity and disaster recovery provisions
7. Staff Transfer Provisions: Include when the agreement involves transfer of existing staff under TUPE regulations
8. Change Control: Include for complex agreements where formal change management procedures are required
1. Schedule 1 - Services Specification: Detailed breakdown of all services to be provided, including scope, frequency, and quality standards
2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and reporting requirements
3. Schedule 3 - Pricing and Commercial Terms: Detailed pricing structure, rate cards, indexation mechanisms, and payment terms
4. Schedule 4 - Premises Details: List and details of all premises covered by the agreement, including maps and access requirements
5. Schedule 5 - Staff and Key Personnel: Details of key staff positions, qualifications requirements, and any transferred staff
6. Schedule 6 - Equipment and Assets: Inventory of equipment and assets provided by either party
7. Schedule 7 - Form of Reports: Templates and requirements for various reports required under the agreement
8. Schedule 8 - Mobilization Plan: Detailed plan for service commencement and transition
9. Appendix A - Insurance Requirements: Detailed insurance types and coverage levels required
10. Appendix B - Approved Subcontractors: List of pre-approved subcontractors and their scope of work
Authors
Applicable Laws
Approved Subcontractors
Business Day
Charges
Client
Client Equipment
Client Policies
Commencement Date
Confidential Information
Contract Year
Data Protection Laws
Effective Date
Emergency
Environmental Laws
Expiry Date
Facilities
Force Majeure Event
Good Industry Practice
Group
Health and Safety Policy
Initial Term
Intellectual Property Rights
Key Performance Indicators (KPIs)
Key Personnel
Management Reports
Operating Hours
Performance Credits
Planned Preventive Maintenance
Premises
Reactive Maintenance
Relevant Authority
Renewal Period
Service Credits
Service Level Agreement (SLA)
Service Provider
Service Provider Equipment
Services
Service Specification
Staff
Subcontractors
Term
Termination Date
Third Party
Transition Period
Working Hours
Term and Duration
Service Provider Obligations
Client Obligations
Personnel and Staffing
Subcontracting
Performance Management
Charges and Payment
Invoicing
Health and Safety
Environmental Compliance
Data Protection
Confidentiality
Intellectual Property
Insurance
Liability and Indemnities
Force Majeure
Termination
Exit and Transition
Anti-Corruption
Assignment and Novation
Notices
Governing Law and Jurisdiction
Dispute Resolution
Entire Agreement
Variation
Severability
Third Party Rights
Waiver
Change Control
Service Levels
Reporting Requirements
Audit Rights
Asset Management
Emergency Response
Business Continuity
Security Requirements
Quality Management
Regulatory Compliance
Real Estate
Commercial Property
Office Buildings
Industrial & Manufacturing
Healthcare
Education
Retail
Hospitality
Government & Public Sector
Data Centers
Facilities
Operations
Legal
Procurement
Risk Management
Real Estate
Finance
Compliance
Health & Safety
Property Management
Facilities Manager
Property Manager
Operations Director
Chief Operations Officer
Procurement Manager
Contract Manager
Legal Counsel
Risk Manager
Building Services Manager
Estate Manager
General Counsel
Commercial Director
Head of Real Estate
Chief Financial Officer
Health and Safety Manager
Sustainability Manager
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