Last guarantEE meeting we discussed about the contents of an EP contract.

Fit Our Future shared their contract and RVO translated it: Model contract FOF.

Do you put the same articles/subjects in your contract?

The content is like this:

Performance contract for technically guaranteed energy and CO2 savings

THE UNDERSIGNED:

WHEREAS:

DEFINITIONS

DECLARE TO HAVE AGREED AS FOLLOWS:

Article 1 – Assignment issued to ESCO

Article 2 – Target consumption

Article 3 – Measuring and monitoring by FOF

Article 4 – Technical performance guarantee by ESCO

Article 5 – Payment of Project invoice to ESCO by the Commissioning party

Article 6 – Payment of Maintenance costs to ESCO by the Commissioning party

Article 7 – Payment of Contract management costs to FOF by the Commissioning party

Article 8 – Retention of title and right of pledge

Article 9 – Shortcoming

Article 10 – Liability

Article 11 – Insurances

Article 12 – Effective date and Duration of the Performance contract

Article 13 – Amendments of and additions to the Performance contract

Article 14 – Termination, suspension or dissolution of the Performance contract

Article 15 – Contract takeover

Article 16 – Confidentiality

Article 17 – Applicable law and settlement of disputes

Article 18 – Final provisions

Signatures

APPENDIX 1 – ASSIGNMENT SPECIFICATION

Article 1 – Specification of the Properties

Article 2 – Assignment specification of the energy- and CO2-saving measures to be implemented

Article 3 – Completion

Article 4 – Assignment specification of preventive maintenance to be performed

Article 5 – Specification of Breakdown maintenance

Article 6 – Authorisation for monitoring by FOF

Article 7 – Consultation and reporting

Article 8 – Obligations of FOF

Article 9 – Obligations of ESCO

Article 10 – Obligations of the Commissioning party