Operational Report

OPERATIONAL REPORT & REPORTING SERVICES AGREEMENT

This Operational Report & Reporting Services Agreement (the Agreement) is entered into between Provider Name: and Client Name: . Effective Date: .

RECITALS

WHEREAS, Provider is engaged in the provision of operational reporting, data collection, performance monitoring, and related reporting services necessary to document and improve Client operations; and

WHEREAS, Client desires to receive periodic operational reports and related services from Provider, and Provider agrees to deliver those reports in accordance with the terms and conditions set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

SCOPE OF WORK

Provider shall collect, analyze and deliver operational reports for the operations identified below, including but not limited to performance metrics, incident reporting, equipment status, compliance observations, and recommended corrective actions. Provider shall perform services in a professional manner consistent with industry standards.

OPERATIONAL REPORT — REPORT DATA

Report Date:    Reporting Period Start:    End:

Department:    Shift:

Prepared By:    Title:

OPERATIONS METRICS & EQUIPMENT STATUS

Units Produced:    Operating Hours:    Downtime Hours:

Safety Incidents Reported:    Corrective Actions Open:

PAYMENT TERMS

Reporting Service Fee (per reporting period): $.

Payment Schedule: .

Late Payment Fee: on overdue balances and recovery of collection costs.

TERM AND TERMINATION

Term Commencement Date: .    Term End Date (if any): .

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to the intended termination date. Termination for cause shall be immediate where a material breach remains uncured for a period of thirty (30) days following written notice.

CONFIDENTIALITY

Each party acknowledges that during performance they will receive Confidential Information of the other party. "Confidential Information" includes non-public technical, operational, business and financial information disclosed in writing or orally and designated as confidential or that a reasonable person would understand to be confidential. Each party shall (a) use Confidential Information solely for purposes of performing under this Agreement, (b) restrict access to those of its employees and agents who need to know, and (c) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

The foregoing obligations shall not apply to information that is or becomes publicly available through no fault of the receiving party, is rightfully obtained from a third party without breach of an obligation of confidentiality, or is independently developed without use of the disclosing party's Confidential Information. A party may disclose Confidential Information when compelled by law, provided the disclosing party is given prompt written notice and reasonable assistance to seek protective relief.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction specified below, without regard to conflict of laws principles.

Governing Jurisdiction:

ENTIRE AGREEMENT

This Agreement, together with any appendices and reports incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral. No amendment or waiver shall be binding unless executed in writing by an authorized representative of each party.

RECORDS, AUDIT & COMPLIANCE

Provider shall maintain records relevant to the services and reports delivered under this Agreement for a period of three (3) years following the date of delivery. Client shall have the right, upon reasonable notice, to audit Provider's records as they relate to services performed under this Agreement, provided such audit shall not unreasonably interfere with Provider's business operations.

ATTESTATION

The undersigned certify that the information contained in this Operational Report is true, accurate and complete to the best of their knowledge, and that the report was prepared in accordance with applicable procedures and standards.

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