In today's social life, the agreement plays a bigger and bigger role, and the signing of the agreement can make both parties protected by law. Then the relevant agreement in the end how to write it? The following is my commissioned operating agreement for you to organize, only for reference, you take a look at it.
entrusted to operate the agreement Part 1Commissioned by (hereinafter referred to as Party A):
Trustee (hereinafter referred to as Party B):
According to the "Chinese People's *** and the State Contract Law" and other relevant laws and regulations, in equality, voluntariness, on the basis of consensus, Party A will be owned by the Hebi Qibin District, Xiangjiang Times Garden District, the water-source heat pump unit and the heating pipeline network entrusted to the operation and management, in order to clarify the two sides, the two parties will be entrusted to operate and manage the water-source heat pump unit and heating pipeline network. Operation and management, in order to clarify the rights and responsibilities of both parties, the following agreement.
Article 1 entrusted operation and management
1, Party A entrusted the winter heating heat pump unit and heating pipe network to Party B for operation and management.
2, Party B in the entrusted operation and management period, in strict accordance with Party A and the government signed the "centralized heating franchise agreement" and "heating heating management approach" and other relevant documents, to fulfill the responsibilities and obligations of the heat supply unit.
3, Party B is responsible for the normal operation, maintenance and technical services of the plant room unit and pipe network to ensure that the quality of heating meets the standards set by the government, and to ensure that the heating system failure of timely maintenance. The resulting costs are borne by Party A.
4, in the heating period, if a major failure or accident, Party B should immediately notify Party A. The two sides work closely together to negotiate a solution. The two sides work closely together to negotiate a solution, and Party A will supervise the restoration of normal operation, and the costs incurred will be borne by Party A.
5, Party B independent management, maintenance, technology, operation and other personnel selection and recruitment work, in accordance with the relevant provisions of the State to recruit staff and develop appropriate incentives and penalties.
Article 2: Heating period and heating standards
Party B shall strictly follow the relevant provisions of the "Management Measures for Heat Supply and Heating" to supply heating on time and ensure that the heating standards are met.
1, heating period: from January to January.
2, heating standards: according to the local municipal government regulations.
Article 3 Heating Service Specific Contents
Party B in the operation and management of the period involved in the repair and maintenance of comprehensive heating services, mainly to undertake the following work:
1, heating system before the heating safety inspection, debugging; heating pipe network maintenance, maintenance, safety inspection.
2, unit equipment and related equipment maintenance, maintenance, safety inspection.
3, machine room equipment and heating system census, heating equipment, facilities maintenance, parts and components of the update.
4, Party A to provide the engine room and pipe network of various types of technical information, drawings of the use and custody.
Article 4 Settlement of Heating Fees
1. Party A is responsible for the collection and settlement of heating fees and pays Party B a certain percentage of the fees as the cost of purchasing heating services from Party B.
2.
2. The heating fee is charged in accordance with the provisions of the relevant documents of the local municipal government and the heat company.
Article 5: Delegation of management period
1. Party A delegates Party B to run and manage the project for 10 years, from January to January.
2. After the expiration of the period, Party A and Party B may renew the agreement if they intend to continue cooperation. If you can not continue to cooperate, B to Party A transfer of equipment, facilities, the right to operate.
Article VI Other Agreements
1, this agreement is legally binding after its entry into force, A and B shall not be changed or canceled at will. If this agreement needs to be changed or canceled, by mutual consensus, to reach a new written agreement. Before the new written agreement, this agreement is still valid.
2, the performance of the agreement period, due to other factors outside the influence of the contract can not be performed, by mutual agreement, change or terminate the contract.
3. If Party B violates the terms of this agreement, Party A has the right to terminate this agreement without liability.
4, after the expiration of this agreement, such as A and B agree to renew, the two sides should be three months before the termination of the agreement to renew the new agreement.
5, this agreement is not exhaustive, the two sides negotiated to solve or improve through supplementary agreements.
6, the two sides if disputes should be resolved in a friendly attitude of negotiation. If it can not be resolved to the local court to apply for litigation.
7, this agreement in two copies, A and B each party to sign a copy.
Party A: Party B:
Signed on behalf of: Signed on behalf of:
Year Month Day Year Month Day
Entrusted Operation Agreement Part 2Party A:
Party B:
On the xx project, through open competition, to determine the Party A for the social capital side of the xx project investment, construction, operation, in order to facilitate project In order to facilitate the operation of the project, reduce the links, so that the xx project to achieve better output and performance objectives, to maximize the benefits of public ****, Party A and Party B in the spirit of equality and voluntary principle, the xx project entrusted to the operation of the matter, the two sides by mutual consensus, voluntarily agreed to the following terms of the agreement for the two sides to comply with the implementation of:
Article I: entrusted subject matter
Article 2: Entrusted authority
Party A on the construction of its completion of the acceptance of the xx project, entrusted to Party B for management, operation and maintenance.
Article III entrusted operation period
Party A entrusted Party B to operate the period of time from the date of the year to the date of the year. If both parties agree to continue to entrust the operation of the expiration of the period, by the consensus of Party A and Party B, to sign a separate agreement on entrusted operation.
Article 4: Management Fee
During the period of operation entrusted by Party B, the management fee shall be paid to Party A at the rate of one percent of the total investment amount of the project determined by audit every year. The management fee shall be paid to the following account of Party A before the month of each year:
Account Name:
Bank:
Account Number:
Party A shall issue an official invoice to Party B. The management fee shall be paid to Party A before the month of each year.
Article 5: The rights and obligations of the two sides
I. Party A's rights and obligations:
1. Party A has the right to supervise and manage Party B's operation, and Party B shall cooperate with the supervision and management.
2, if Party B's operation can not meet the standards agreed in the PPP project cooperation contract, Party A has the right to require Party B to carry out rectification or terminate the entrusted operation agreement, to recover the right to operate the project, and to operate on its own.
3. Party A has the right to request Party B to provide various reports, records or related operation and maintenance information during the operation period.
4, the right to require Party B to pay management fees on time.
5. When transferring the operation to Party B, Party A and Party B will make a transfer list and a description of the status of various facilities and equipment of the project.
Second, Party B's rights and obligations
1, Party B is responsible for organizing the operation team in line with the specifications to operate and maintain the project.
2, Party B in the operation of all the debts incurred during the period by Party B by themselves, and Party A has nothing to do.
3. Party B will raise its own funds to operate, maintain and update the facilities and equipment of the project.
4, Party B should develop a perfect operation system and plan to ensure the normal maintenance and operation of the PPP project.
5, in Party A to Party B's project, Party B should cooperate with Party A to produce a list of the project transfer and the project of various types of facilities and equipment status description.
Article VI, confidentiality obligations
A and B on the performance of this agreement in contact with or known to the other side of any commercial information and trade secrets are confidentiality obligations, unless there is clear evidence that the information belongs to the public knowledge of the information or the other side of the written authorization in advance, either party shall not be the other side of the commercial information and commercial secrets leaked or provided to a third party. Neither party shall disclose or provide the other party's commercial information and trade secrets to a third party. Either party shall indemnify the other party for any damages caused by the breach of such obligations.
Article VII Project Recovery
Upon expiration of the entrustment period or early termination of the entrustment, Party B shall transfer the project and the operation right to Party A. The two parties shall make an inventory of the project status, facilities and equipments and produce a handover list at the time of handover, and if the project fails to meet the operation standard or has quality problems, Party B shall repair and meet the operation standard and quality standard. If the project fails to meet the operation standard or has quality problems, Party B will carry out maintenance to meet the operation standard and quality standard.
Article VIII Change of Agreement
During the period of fulfillment of the Agreement, if one party needs to change the terms of the Agreement, it must submit a written opinion one month before, and sign a supplemental agreement after both parties have agreed.
Without the consent of both parties, neither may unilaterally change, or constitute a breach of contract.
Article IX Termination of Contract
When one of the following circumstances exists, this contract is automatically terminated, and the two sides should be liquidated, and each other does not bear the responsibility for breach of contract:
(1) This agreement can not be carried out due to force majeure;
(2) expiration of the validity period of this contract;
(3) by the Both parties agree to terminate by consensus `other circumstances.
Article 10 Force Majeure
1. Force Majeure as referred to in this contract refers to the objective events which cannot be foreseen, overcome or avoided and which have a significant impact on one of the parties, including, but not limited to, natural disasters such as floods, earthquakes, fires and storms, and social events such as wars, turmoils and governmental actions.
2, due to force majeure or other unforeseen events, making the performance of this Agreement impossible, unnecessary or meaningless, either party may cancel or terminate this Agreement. The party suffering from force majeure or unforeseen events shall notify the other party in writing.
Article 11 Notices
1. All notices required to be given under this Agreement, as well as the exchange of documents between the two parties and notices and requests related to this Agreement, must be in writing and may be delivered by letter, fax, e-mail, or face-to-face delivery. If the above methods cannot be delivered, only by way of public notice.
2, each party's mailing address is as follows:
3, a party to change the notice or mailing address, should be changed from the date of change within days, to notify the other party in writing; Otherwise, by the failure to notify the party to bear the corresponding responsibility arising from this.
Article 12 - Liability for breach of contract
1, either party has a violation of the obligations of the agreement, shall pay liquidated damages of 10,000 yuan to the contracting party;
2, either party does not actively fulfill the obligations of the contract, by the other party after the proposal is not rectified, the contracting party has the right to terminate the agreement;
3, if the cause of the termination of the agreement for either party, the contracting party will have the right to terminate the agreement. If the agreement is canceled due to the reason of one party, it should pay the breach of contract of 10,000 yuan to the contract-keeping party and compensate the other party for the loss.
Article 13 Dispute Resolution
1. This contract shall be governed by the laws of the People's Republic of China.
2. Disputes arising in the course of the fulfillment of this contract shall be resolved through consultation between the two parties, or through mediation by the relevant authorities; if the consultation between the two parties fails or the mediation by a third party fails, the disputes shall be resolved in the following manner:
(1) Both parties shall have the right to file a lawsuit to the people's court with jurisdiction in the place where the project is located.
(2) Submitted to the Arbitration Commission for arbitration;
Article 14 Matters not yet concluded
The parties may negotiate and sign a supplemental agreement on matters not yet concluded in this Agreement, which shall have the same legal effect.
Article 15: Entry into force of the agreement
1, this agreement shall enter into force after the signing of the two parties;
2, this agreement is in one form, each party to the agreement holds a copy of the agreement, with the same legal effect.
Party A (seal)
Legal representative:
Authorized agent:
Monthly
Party B:
Legal representative:
Authorized agent;
Monthly
Place of signing:
Entrusted operation agreement Part 3Entrusted party (hereinafter referred to as Party A) :
The agreement is signed by the following parties. (hereinafter referred to as Party A) ：
Entrusted Party (hereinafter referred to as Party B) ：
According to the "Contract Law of the People's Republic of China" and other relevant laws and regulations, on the basis of equality, voluntariness, and consensus, Party A entrusted Party B with the operation and management of the centralized heating boiler room and the heating pipeline network of Party A, and in order to clarify the rights and responsibilities of the two parties, the following agreement was reached.
Article 1 entrusted operation and management
1, Party A entrusted the winter heating boiler room and heating pipe network to Party B for operation and management. Party B is independently responsible for the operation and management of heating and bears the corresponding responsibilities and obligations.
2, Party B in the entrusted operation and management period, in strict accordance with the Party and the government signed the "centralized heating franchise agreement", "heating heating management approach" and other relevant documents, to fulfill the responsibilities and obligations of the heating unit.
3, Party B is responsible for the normal operation of the boiler room and pipe network, maintenance, safety and fuel supply security and other work, to ensure that the quality of heating to meet the standards set by the government, and to ensure that the heating system failure of timely maintenance.
4, Party B must develop and implement its own boiler room safety management system and the boiler room operation safety and personnel safety is fully responsible.
5, in the heating period, if a major failure or accident, Party B should immediately notify Party A. Both parties should work closely together to negotiate a solution. Both sides should work closely together, negotiate a solution, and Party A supervise the restoration of normal operation. For the heating quality problems brought to Party A's liability, Party B shall fully assume.
6, Party B independent management, maintenance, technology, operation and other personnel selection and recruitment, in accordance with the relevant provisions of the State to recruit staff and develop appropriate incentives and penalties.
Article 2: Heating period and heating standards
Party B shall strictly follow the relevant provisions of the "Management Measures for Heat Supply and Heating" to supply heating on time and ensure that the heating standards are met.
1, heating period: when the year months to the next year months for the legal heating period, the specific municipal government announced the heating time limit shall prevail.
2, heating standards: according to the municipal government.
Article 3 Heating Service Specific Contents
Party B in the operation and management of the period involved in the repair and maintenance of comprehensive heating services, the main task is to undertake the following work:
1, heating system before the heating safety inspection, debugging.
2, boiler equipment maintenance, maintenance, safety inspection.
3, heating pipe network maintenance, maintenance, safety inspection.
4, the regular inspection of the boiler and its ancillary special equipment.
5, boiler room and heating system census, heating equipment, facilities, maintenance, parts and components of the update.
6, provided by the boiler room and pipe network of various types of technical information, drawings, the use and storage.
Article 4 Settlement of Heating Fees
1. Party B is responsible for the collection of heating fees since the date of entrusting operation and management. The collection work of entry fee and heating fee is used as Party B's cost operating expenses in operation and management to purchase heat service.
2. The charging standards of the network access fee and heating fee are in accordance with the provisions of the relevant documents of the Price Bureau.
3. If the government adjusts the heating fee, Party B will charge the heating fee according to the adjusted price.
Article 5: Entrusted management period
1. Party A entrusted Party B with the operation and management of the ( ) years, that is, from the date of the month to the date of the year to the date of the month of the end of the year.
2, after the expiration of the period, Party A and Party B, if they intend to continue cooperation, can renew the agreement. If you can not continue to cooperate, B to Party A to transfer the right to operate equipment and facilities.
Article VI Other Agreements
l, this agreement is legally binding after the entry into force, A and B shall not be changed or canceled at will. If this agreement needs to be changed or canceled, by mutual consensus, to reach a new written agreement. Before the new written agreement, this agreement is still valid.
2, the performance of the agreement period, due to other external factors that cause the contract can not be performed, after consultation with both parties, change or terminate the contract.
3. If Party B violates the terms of this agreement, Party A has the right to terminate this agreement without liability.
4, the expiration of this agreement, such as A and B agreed to renew, the two sides should be three months before the termination of the agreement to renew the new agreement.
5, this agreement is not exhaustive, the two sides negotiated to solve or improve through supplementary agreements.
6, the two sides if disputes should be resolved in a friendly attitude of negotiation. If it can not be resolved to the local court to apply for litigation.
7, this agreement in quadruplicate, the A and B sides of two copies. Contract Law" and other relevant laws and regulations, on the basis of equality, voluntariness and consensus, Party A entrusts Party B with the operation and management of xxx centralized heating boiler room and heating pipe network. In order to clarify the rights and responsibilities of both parties, the following agreement was reached.
Article I entrusted the operation and management
1. Party A entrusts the winter heating boiler room and heating pipe network to Party B for operation and management. Party B is independently responsible for heat supply operation and management, and bear the corresponding responsibilities and obligations.
2. During the period of entrusted operation and management, Party B should strictly follow the provisions of the Centralized Heating Franchise Agreement signed between Party A and the government, the Measures for the Management of Heat Supply and Heating and other relevant documents to fulfill the responsibilities and obligations of the heat supply unit.
3. Party B is responsible for the normal operation, maintenance, safety and fuel supply of the boiler room and pipe network to ensure that the quality of heat supply meets the standards set by the government, and to ensure that heating system failures are repaired in a timely manner.
4. Party B must formulate and implement its own boiler room safety management system, and take full responsibility for the operational safety of the boiler room and personnel safety.
5. During the heating period, if there is a major failure or accident, Party B should immediately notify Party A. The two sides work closely together to negotiate a solution. Both sides work closely together to negotiate a solution, Party A to supervise the resumption of normal operation. Party B shall fully bear the compensation liability to Party A due to heating quality problems.
6. Party B shall independently select and employ personnel for management, maintenance, technology, operation, etc., recruit employees in accordance with relevant state regulations, and formulate corresponding rewards and punishments.
Article 2 Heating Period and Heating Standard
Party B shall supply heat on time and ensure that the heating standard is met in strict accordance with the relevant provisions of the Measures for the Administration of Heat Supply and Heating.
Article 3 Specific Content of Heating Services
During the operation and management period, Party B is involved in the maintenance and other comprehensive heating services, and is mainly responsible for the following tasks:
1. Safety checking and debugging of the heating system before heating.
2. Maintenance, repair and safety inspection of boiler equipment.
3. Maintenance, repair and safety inspection of the heating pipe network.
4. Regular inspection of boilers and ancillary special equipment.
5. Boiler room and heating system census, heating equipment and facilities maintenance, spare parts renewal.
6. Party A to provide the boiler room and pipe network of various technical information and drawings of the use and custody.
Article IV Settlement of Heating Fees
1. Party B is responsible for the collection of heating fees since the date of Party B's entrustment of operation and management. The collection of network access fee and heating fee shall be used as Party B's operation and management fee for purchasing heat service.
2. The charging standard of network access fee and heating fee shall be executed in accordance with the relevant documents of the Price Bureau.
3. If the government adjusts the charging standard of heating fee, Party B shall charge the heating fee according to the adjusted price.
Article 5 entrusted management period
1. Party A entrusted Party B with the operation and management of the year, i.e., from January to January.
2. After the expiration of the period, Party A and Party B may renew the agreement if they intend to continue the cooperation. If the cooperation can not be continued, Party B shall transfer the management right of the equipment and facilities to Party A.
Article VI Other Agreements
lThis agreement is legally binding after its entry into force, and Party A and Party B shall not change or cancel it at will. If this agreement needs to be changed or canceled, the two sides should negotiate a new written agreement. Before reaching a new written agreement, this agreement is still valid.
2. In the performance of this agreement, such as other external reasons affecting the contract can not be performed
7. This agreement in quadruplicate, A and B both sides of the two copies.
Party A:
Party B:
Signed on behalf of:
Signed on behalf of:
Month and year
Year and month
Month and year
.