Facilities Management CEAR Form

FACILITIES MANAGEMENT CEAR FORM

This Facilities Management Capital Expenditure and Authorization Request (CEAR) is entered into by and between Client Name: and Contractor/Vendor Name: . The parties hereby record the agreement for the provision of facilities services and any related capital work described below.

WHEREAS

WHEREAS, Client requires the performance of facilities management, repair, alteration, installation, or capital work at the facility location identified in this CEAR to ensure safe and reliable operation; and

WHEREAS, Contractor represents that it possesses the necessary experience, personnel, licensing, and insurance to perform the described work in accordance with applicable codes, standards, and Client policies; and

WHEREAS, the parties desire to set forth the scope, schedule, pricing, approvals and terms governing the requested work and any related reimbursements or capital expenditures.

REQUEST DETAILS

SCOPE OF WORK

SCHEDULE AND ACCESS

Proposed Start Date:     Proposed Completion Date:

Access Required Outside Normal Hours:     Shutdown Required:

PERMITS, SAFETY AND COMPLIANCE

Permit Required:     Confined Space Entry:     Hot Work Permit:

ESTIMATED COST & PAYMENT TERMS

Invoicing Instructions:

Late Payment Penalty (if applicable):     Payment Terms:

CHANGE ORDERS / VARIATIONS

All changes to the Scope of Work shall be documented by a written Change Order approved in writing by both parties prior to implementation. Emergency work required to prevent imminent hazard may proceed subject to retrospective approval.

TERM AND TERMINATION

Term Start Date:     Term End Date:

Either party may terminate this Agreement for convenience upon written notice of days to the other party. Termination for material breach may be immediate if the non-breaching party provides written notice and the breaching party fails to cure within a commercially reasonable period where cure is practicable.

CONFIDENTIALITY

Each party shall maintain as confidential all proprietary or sensitive information disclosed in connection with the performance of this Agreement. Confidential information shall not be disclosed except as required by law or as necessary to perform obligations under this Agreement, and receiving party shall take reasonable measures to protect such information commensurate with the sensitivity of the information.

INSURANCE, INDEMNITY AND COMPLIANCE

Contractor shall maintain insurance coverage appropriate to the scope and risk of the work, including general liability and workers' compensation, and shall name Client as an additional insured where required. Contractor agrees to indemnify and hold harmless Client from claims arising out of Contractor's negligent acts or omissions in performing the work, except to the extent caused by Client's sole negligence.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of , without regard to its conflict of laws rules.

ENTIRE AGREEMENT

This CEAR Form, together with any approved Change Orders and attachments specifically incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written representations, proposals, or agreements. No amendment shall be effective unless in writing and signed by authorized representatives of both parties.

APPROVALS AND CERTIFICATIONS

By signing below, each party certifies that the information provided in this CEAR is accurate, that it has authority to enter into this Agreement, and that it will comply with the terms set forth herein.

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