Entrusting operation agreement 1 entrusting party (hereinafter referred to as Party A):
Trustee (hereinafter referred to as Party B):
According to the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations, on the basis of equality, voluntariness and consensus, Party A entrusts Party B to operate and manage the water source heat pump unit and heating pipe network in Xiangjiang Times Garden Community, qibin district, Hebi City. In order to clarify the rights and responsibilities of both parties, the following agreement is reached.
Article 1 Entrust management matters
1. Party A entrusts the winter heating heat pump unit and heating pipe network to Party B for operation and management.
2. During the entrusted operation and management, Party B shall perform the responsibilities and obligations of the heating unit in strict accordance with the provisions of the Franchise Agreement for Central Heating and the Management Measures for Heating signed by Party A and the government.
3. Party B is responsible for the normal operation, maintenance and technical services of the machine room units and pipe networks, ensuring that the heating quality meets the standards stipulated by the government, and ensuring that the faults of the heating system are repaired in time. The expenses arising therefrom shall be borne by Party A. ..
4. During the heating period, if there is a major fault or accident, Party B shall immediately notify Party A. Both parties shall work closely together to solve the problem through consultation, and Party A shall supervise the normal operation, and the expenses incurred shall be borne by Party A. ..
5. Party B independently selects management, maintenance, technology and operation personnel, recruits employees according to relevant national regulations, and formulates corresponding reward and punishment measures.
Article 2 Heating period and heating standard
Party B shall provide heat on time in strict accordance with the relevant provisions of the Management Measures for Heating and Heating, and ensure that the heating standards are met.
1. heating period: year month day to year month day.
2. Heating standard: According to the regulations of the local municipal government.
Article 3 Specific contents of heating service
During the operation and management period, Party B participates in comprehensive heating services such as maintenance and mainly undertakes the following tasks:
1, safety inspection and debugging of heating system before heating; Maintenance, maintenance and safety inspection of heating pipe network.
2. Maintenance, maintenance and safety inspection of unit equipment and related equipment.
3. General survey of equipment and heating system in computer room, maintenance of heating equipment and facilities, and replacement of spare parts.
4. Use and storage of various technical data and drawings of the computer room and pipe network provided by Party A. ..
Article 4 Settlement of heating fees
1. Party A is responsible for the collection and settlement of heating fees, and pays them to Party B in a certain proportion as the cost of purchasing heating services from Party B. ..
2. The charging standard of heating fee shall be implemented according to the relevant documents of the local municipal government and the heating company.
Article 5 The management term of the entrusted bank.
1. Party A entrusts Party B to operate and manage 10 years, from (to).
2. After the expiration, Party A and Party B may renew the agreement if they intend to continue cooperation. If the cooperation cannot continue, Party B shall hand over the management right of equipment and facilities to Party A. ..
Article 6 Other agreements
1. This Agreement shall be legally binding after it comes into effect, and neither Party A nor Party B shall change or dissolve it at will. If it is necessary to modify or dissolve this agreement, both parties shall reach a new written agreement through consultation. This agreement shall remain valid until a new written agreement is reached.
2. During the performance of this agreement, if the contract cannot be performed due to other external factors, both parties shall negotiate to modify or terminate the contract.
3. If Party B violates the terms stipulated in this agreement, Party A has the right to terminate this agreement, and does not have to bear the liability for breach of contract.
4. After the expiration of this agreement, if both parties agree to renew it, both parties shall renew the new agreement three months before the termination of this agreement.
5. Matters not covered in this Agreement shall be settled by both parties through negotiation or improved through supplementary agreement.
6. Any dispute between the two parties shall be settled through friendly negotiation. If it can't be solved, you can apply to the local court for litigation.
7. This Agreement is made in duplicate, with each party holding one copy.
Party A: Party B:
Representative signature: Representative signature:
Year, month, sun, moon, sun.
Chapter II of Entrusted Operation Agreement Party A:
Party B:
Regarding the xx project, through open competition, Party A is determined as the social capital party to invest, build and operate the xx project. In order to facilitate the operation of the project, reduce links, make the xx project achieve better output and performance objectives, and maximize public interests, Party A and Party B, on the principle of equality and voluntariness, voluntarily reach the following terms on the entrusted operation of the xx project through consultation between both parties for mutual compliance:
Article 1: Subject matter of entrustment
The entrusted projects are:
Article 2 Entrustment authority
Party A entrusts Party B to manage, operate and maintain the xx project that has passed the acceptance.
Article 3 Term of entrusted operation
The period for Party A to entrust Party B to operate is from year month day to year month day. After the expiration of the period, if both parties agree to continue the entrusted operation, an entrusted operation agreement shall be signed separately upon consensus of both parties.
Article 4: Management fee
During the operation entrusted by Party B, Party A shall pay the management fee according to the audited total investment of the project every year. The management fee shall be paid to the following account of Party A before the month of each year:
Account name:
Bank of deposit:
Account number:
Party A shall issue a formal invoice to Party B. ..
Article 5: Rights and obligations of both parties
I. Rights and obligations of Party A:
1. Party A has the right to supervise and manage the operation of Party B, and Party B shall cooperate.
2. If Party B's operation fails to meet the standards stipulated in the PPP project cooperation contract, Party A has the right to require Party B to rectify or terminate this entrusted operation agreement, recover the project operation right and operate on its own.
3. Party A has the right to request Party B to provide various statements, records or related operation and maintenance materials during the operation period.
4. Have the right to require Party B to pay the management fee on time.
5. When the operation is handed over to Party B, Party A and Party B shall make a handover list and explain various facilities and equipment of the project.
Two. Rights and obligations of Party B
1. Party B is responsible for organizing an operation team that meets the requirements of the specification to operate and maintain the project.
2. All debts incurred by Party B during the operation period shall be borne by Party B itself and have nothing to do with Party A. ..
3. Party B shall operate and maintain the project with its own funds, and update and purchase facilities and equipment.
4. Party B shall formulate a sound operation system and plan to ensure the normal maintenance and operation of PPP projects.
5. When Party A delivers the project to Party B, Party B shall cooperate with Party A to make the project handover list and descriptions of various facilities and equipment of the project.
Article 6. Obligation of confidentiality
Party A and Party B shall be obligated to keep confidential any business information and business secrets of the other party that they come into contact with or know during the performance of this Agreement. Unless there is obvious evidence that the information is known to the public or authorized by the other party in writing in advance, neither party shall disclose or provide the other party's business information and business secrets to a third party. If either party causes losses to the other party due to its violation of this obligation, it shall compensate the other party for the corresponding losses.
Article 7 Project Restoration
When the entrustment expires or terminates in advance, Party B shall hand over the project and management right to Party A, and both parties shall make an inventory of the project status, facilities and equipment at the time of handover and make a handover list. If the project does not meet the operation standards or there are quality problems, Party B shall carry out maintenance to meet the operation standards and quality standards.
Article 8 Alteration of Agreement
During the performance of the association, if one party needs to change the terms of the agreement, it must put forward a written opinion one month ago and sign a supplementary agreement after consultation between the two parties.
Without the consent of both parties, it shall not be changed unilaterally, otherwise it will constitute a breach of contract.
Article 9 Termination of the Contract
In any of the following circumstances, this contract will be automatically terminated, and both parties will conduct liquidation, and both parties will not be liable for breach of contract:
(1) When this Agreement cannot be executed due to force majeure;
(2) The contract expires;
(3) Other circumstances in which both parties agree to terminate through consultation.
Article 10 Force Majeure
1. Force majeure as mentioned in this contract refers to unforeseeable, insurmountable and inevitable objective events that have a significant impact on one party, including but not limited to natural disasters such as floods, earthquakes, fires and storms, as well as social events such as wars, turmoil and government actions.
2. If the performance of this Agreement is impossible, unnecessary or meaningless due to force majeure or other unexpected events, either party may dissolve or terminate this Agreement. The party suffering from force majeure or accident shall notify the other party in writing.
Article 11 Notice
1. All notices sent according to the requirements of this agreement, document exchange between both parties and notices and requirements related to this agreement must be in written form and can be delivered by letter, fax, e-mail, face-to-face delivery, etc. If the above methods cannot be delivered, the method of announcement can be adopted.
2. The mailing addresses of all parties are as follows:
3. If one party changes its notice or mailing address, it shall notify the other party in writing within days from the date of change; Otherwise, the uninformed party shall bear the corresponding responsibilities arising therefrom.
Article 12 Liability for breach of contract
1. If either party violates the obligations under this agreement, it shall pay a penalty of RMB10,000 yuan to the observant party;
2. If either party fails to actively perform its contractual obligations and fails to make rectification after being proposed by the other party, the observant party has the right to terminate this Agreement;
3. If this Agreement is dissolved for any reason, it shall pay the observant party a penalty of 10000 yuan and compensate the other party for its losses.
Article 13 Settlement of disputes
1. This contract is governed by the laws of People's Republic of China (PRC).
2. Disputes arising from the performance of this contract shall be settled through negotiation by both parties or mediation by relevant departments; If both parties fail to negotiate or the third party fails to mediate, it shall be settled in the following ways:
(1) Both parties have the right to bring a lawsuit to the people's court with jurisdiction where the project is located.
(2) Submit to the Arbitration Commission for arbitration;
Article 14 Matters not covered
For matters not covered in this agreement, both parties can sign a supplementary agreement through consultation, and the supplementary agreement has the same legal effect.
Article 15 This Agreement shall come into force.
1. This agreement shall come into effect after being signed by both parties;
2. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Party A (seal)
Legal representative:
Entrusted agent:
date month year
Party B:
Legal representative:
Authorized agent;
date month year
Signing place:
Chapter III Entrusting Operation Agreement Entrusting Party (hereinafter referred to as Party A):
Trustee (hereinafter referred to as Party B):
According to the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations, on the basis of equality, voluntariness and consensus, Party A entrusts Party B to manage its central heating boiler room and heating pipe network, and in order to clarify the rights and responsibilities of both parties, the following agreement is reached.
Article 1 Entrust operation management matters
1. Party A entrusts the winter heating boiler room and heating pipe network to Party B for operation and management. Party B shall be independently responsible for the management of heating operation and assume corresponding responsibilities and obligations.
2. During the entrusted operation and management, Party B shall perform the responsibilities and obligations of the heating unit in strict accordance with the provisions of the Franchise Agreement for Central Heating and the Measures for the Administration of Heating signed by Party A and the government.
3. Party B is responsible for the normal operation, maintenance, safety and fuel supply of the boiler room and pipe network, ensuring that the heating quality meets the standards stipulated by the government, and ensuring that the faults of the heating system are repaired in time.
4. Party B must formulate and implement the boiler room safety management system by itself, and take full responsibility for the boiler room operation safety and personnel safety.
5. During the heating period, if there is a major fault or accident, Party B shall immediately notify Party A. Both parties shall work closely together to solve the problem through consultation, and Party A shall supervise the normal operation. Party B shall bear the liability for compensation brought to Party A due to heating quality problems.
6. Party B independently selects management, maintenance, technology and operation personnel, recruits employees according to relevant national regulations, and formulates corresponding reward and punishment measures.
Article 2 Heating period and heating standard
Party B shall provide heat on time in strict accordance with the relevant provisions of the Management Measures for Heating and Heating, and ensure that the heating standards are met.
1. heating period: the legal heating period is from the day of the current year to the day of the following year, subject to the heating period announced by the municipal government in that year.
2. Heating standard: according to the provisions of the municipal government.
Article 3 Specific contents of heating service
During the operation and management period, Party B participates in comprehensive heating services such as maintenance and mainly undertakes the following tasks:
1. Safety inspection and debugging of heating system before heating.
2, boiler equipment maintenance, maintenance, safety inspection.
3, heating pipe network maintenance, maintenance, safety inspection.
4, boiler and its affiliated special equipment regular inspection.
5, boiler room and heating system investigation, heating equipment and facilities maintenance, parts update.
6. Use and storage of various technical data and drawings of boiler room and pipe network provided by Party A. ..
Article 4 Settlement of heating fees
1. Since the date when Party B entrusts the operation management, Party B is responsible for collecting the heating fee. The collection of internet access fee and heating fee shall be regarded as the cost of Party B's operation and management and the cost of purchasing heating service.
2. The charging standard of Internet access fee and heating fee shall be implemented in accordance with the relevant documents of the Price Bureau.
3. When the government adjusts the charging standard of heating fee, Party B will charge the heating fee according to the adjusted price.
Article 5 Term of entrusted operation and management
1. Party A entrusts Party B to operate and manage for () years, that is, from (year) to (year).
2. After the expiration, Party A and Party B may renew the agreement if they intend to continue cooperation. If the cooperation cannot continue, Party B shall hand over the operation right of equipment and facilities to Party A. ..
Article 6 Other agreements
Length This Agreement shall be legally binding upon its entry into force, and neither Party A nor Party B shall change or dissolve it at will. If it is necessary to modify or dissolve this agreement, both parties shall reach a new written agreement through consultation. This agreement shall remain valid until a new written agreement is reached.
2. During the performance of this agreement, if the contract cannot be performed due to other external factors, both parties shall negotiate to modify or terminate the contract.
3. If Party B violates the terms stipulated in this agreement, Party A has the right to terminate this agreement, and does not have to bear the liability for breach of contract.
4. After the expiration of this agreement, if both parties agree to renew it, both parties shall renew the new agreement three months before the termination of this agreement.
5. Matters not covered in this Agreement shall be settled by both parties through negotiation or improved through supplementary agreement.
6. Any dispute between the two parties shall be settled through friendly negotiation. If it can't be solved, you can apply to the local court for litigation.
7. This Agreement is made in quadruplicate, with each party holding two copies.
Party A:
Party B:
Signature of representative:
Signature of representative:
date month year
date month year
Article 4 of the Entrustment Agreement Customer (hereinafter referred to as Party A):
Trustee (hereinafter referred to as Party B):
According to the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations, on the basis of equality, voluntariness and consensus, Party A entrusts Party B to manage xxx central heating boiler room and heating pipe network. In order to clarify the rights and responsibilities of both parties, the following agreement is reached.
Article 1 Entrust operation management matters
1. Party A entrusts the winter heating boiler room and heating pipe network to Party B for operation and management. Party B shall be independently responsible for the operation and management of heating, and assume corresponding responsibilities and obligations.
2. During the entrusted operation and management, Party B shall perform the responsibilities and obligations of the heating unit in strict accordance with the provisions of the Franchise Agreement for Central Heating and the Measures for the Administration of Heating signed by Party A and the government.
3. Party B is responsible for the normal operation, maintenance, safety and fuel supply of the boiler room and pipe network, ensuring that the heating quality meets the standards stipulated by the government, and the faults of the heating system are repaired in time.
4. Party B must formulate and implement the boiler room safety management system by itself, and take full responsibility for the boiler room operation safety and personnel safety.
5. During the heating period, if there is a major fault or accident, Party B shall immediately notify Party A. Both parties shall work closely together to solve the problem through consultation, and Party A shall supervise the normal operation. The liability for compensation caused to Party A by heating quality problems shall be fully borne by Party B..
6. Party B shall independently select management, maintenance, technology and operation personnel, recruit employees and formulate corresponding reward and punishment measures according to relevant national regulations.
Article 2 Heating period and heating standard
Party B shall provide heat on time in strict accordance with the relevant provisions of the Management Measures for Heating and Heating, and ensure that the heating standards are met.
1. heating period: the legal heating period is _ _ _ _ _ _ _ _ _ _ years.
2. Heating standard: according to the provisions of the municipal government.
Article 3 Specific contents of heating service
During the operation and management period, Party B participates in comprehensive heating services such as maintenance and mainly undertakes the following tasks:
1. Safety inspection and debugging of heating system before heating.
2. Maintenance, maintenance and safety inspection of boiler equipment.
3. Maintenance, maintenance and safety inspection of heating pipe network.
4. Regular inspection of boilers and their auxiliary special equipment.
5. Investigation of boiler room and heating system, maintenance of heating equipment and facilities, and replacement of spare parts.
6. Use and keep all kinds of technical data and drawings of boiler room and pipe network provided by Party A. 。
Article 4 Settlement of heating fees
1. Since the date when Party B entrusts the operation and management, Party B is responsible for collecting the heating fee. The collection of internet access fee and heating fee shall be regarded as the management fee for Party B to purchase heating service.
2. The charging standard of Internet access fee and heating fee shall be implemented 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 Term of entrusted operation and management
1. Party A entrusts Party B with the management year, that is, from YY to YY.
2. After the expiration, Party A and Party B may renew the agreement if they intend to continue cooperation. If the cooperation cannot continue, Party B shall transfer the management right of equipment and facilities to Party A. 。
Article 6 Other agreements
L this agreement is legally binding after it comes into effect, and neither party a nor party b can change or dissolve it at will. If it is necessary to modify or dissolve this agreement, both parties shall reach a new written agreement through consultation. This agreement is still valid until a new written agreement is reached.
2. During the performance of this agreement, if this contract cannot be performed due to other external reasons.
7. This Agreement is made in quadruplicate, with each party holding two copies.
Party A:
Party B:
Signature of representative:
Signature of representative:
Date, year and month
Date, year and month