Building Management Services Agreement

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13.9 Injury Communication. The supplier will immediately notify the entity in writing of any real or potential litigation with subcontractors and third parties, including, but not limited to, infringements, defaults, bankruptcies, failures of services provided by subcontractors and suppliers, and work stoppages. This communication includes the reasons and circumstances that lead to such litigation so that the company can exercise, at its sole discretion, its rights or recourse against that subcontractor or supplier or ask the supplier to obtain prior written approval from the entity on a transaction solution. Notwithstanding the above, neither the provisions of this section 13.9 nor the company`s exercise of any of their rights or remedies absone its obligations or obligations under this agreement. From a practical point of view, if the asset is a new building, it may be a good idea to have the service provider inspected prior to acquisition and to participate in all tests conducted after the completion of the work contract. They may also include in the construction contract an obligation for the contractor to provide the service provider with training in the operation and maintenance of the asset. This needs to be addressed in the early stages of a project, so that the construction contract can include clauses to address these issues. KPIs should address the essential requirements of facility management services and often focus on issues such as availability, response times and overall service quality. However, the exact scope of these requirements must be tailored on a case-by-case basis. The remittance process should include a transfer program from the asset management service provider.

The outgoing service provider may be required to provide its successor with appropriate training as well as a license to use intellectual property rights for the implementation of Initius` management services for institutions. 13.12 Co-employment; Common employers; Common law employees. The supplier recognizes that some or all staff may be assigned or assigned to work in business establishments. The supplier also recognizes that some or all employees are former employees of the company. Finally, with respect to staff related to the staff covered in this section 13.12, and in particular all supplier staff, the supplier recognizes the risk that these staff may attempt to assert rights based on the assertion (i) that companies and suppliers are their common employers; (ii) that companies and suppliers are their co-employers; and/or (iii) that they are employees of the common law of the company. The supplier does everything in its power to provide its staff with appropriate supervision, evaluation and feedback and, where appropriate, monitors and evaluates the operation of the claimant`s staff while they are in charge of working in a business facility and does everything in its power to ensure that no supplier staff is monitored, directed or controlled directly or indirectly by company staff. When the supplier or one of its employees finds that the staff is being monitored, directed or controlled directly or indirectly by company staff, the supplier immediately informs the company and takes all necessary steps, including coordination with the company`s management staff, to stop this oversight, management or control. a. Businesses and suppliers have implemented this agreement under the Integrated Facilities Management Services Agreement, which will come into effect on February 4, 2009 and is identified by the CSV-09-51444 contract, which states that the supplier must provide integrated services for the operation, maintenance and general services of the facilities («agreement»).