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Energy Management Agreement Template for England and Wales

An Energy Management Agreement is a legally binding contract governed by the laws of England and Wales that establishes the terms and conditions for the provision of energy management services. It outlines the responsibilities of both the service provider and the client organization, including specific energy efficiency targets, monitoring and reporting requirements, fee structures, and performance guarantees. The agreement typically incorporates provisions for compliance with UK energy regulations and environmental legislation.

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What is a Energy Management Agreement?

The Energy Management Agreement is utilized when organizations seek to optimize their energy consumption and reduce associated costs through professional management services. This contract type, governed by English and Welsh law, establishes a framework for implementing energy efficiency measures, monitoring consumption, and achieving specific performance targets. It includes provisions for regulatory compliance, particularly with UK energy legislation, and typically covers areas such as baseline energy consumption, reduction targets, monitoring systems, reporting requirements, and performance guarantees. The agreement is essential for organizations looking to meet sustainability goals while ensuring clear accountability and measurable outcomes.

What sections should be included in a Energy Management Agreement?

1. Parties: Identifies the parties entering into the agreement, including full legal names and registered addresses

2. Background: Sets out the context and purpose of the agreement, including any relevant existing relationships

3. Definitions: Defines key terms used throughout the agreement including technical energy management terms

4. Scope of Services: Details the energy management services to be provided including monitoring, reporting, and optimization services

5. Term and Termination: Duration of the agreement and circumstances for termination, including any notice periods

6. Fees and Payment Terms: Payment structure, amounts, and schedule including any performance-based fees

7. Service Provider Obligations: Key responsibilities and commitments of the energy manager including compliance with relevant legislation

8. Client Obligations: Requirements and commitments from the client including providing access and information

9. Performance Standards: Required service levels and KPIs for energy management services

10. Governing Law and Jurisdiction: Confirms the agreement is governed by the laws of England and Wales

What sections are optional to include in a Energy Management Agreement?

1. Energy Savings Guarantee: Specific commitments regarding energy savings targets and related financial implications

2. Equipment Installation: Terms relating to installation, maintenance and ownership of energy management equipment

3. Carbon Reduction Commitments: Specific carbon reduction targets and obligations aligned with relevant legislation

4. Staff Training: Provisions for training client staff on energy management systems and practices

What schedules should be included in a Energy Management Agreement?

1. Schedule 1 - Service Specification: Detailed description of energy management services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment structure and any performance-related payments

3. Schedule 3 - Performance Metrics: Specific KPIs and measurement methodologies for energy management

4. Schedule 4 - Reporting Requirements: Format and frequency of energy performance reports

5. Schedule 5 - Site Details: Information about premises covered by the energy management agreement

6. Appendix A - Baseline Energy Consumption: Historical energy usage data and benchmarks for performance measurement

7. Appendix B - Equipment Specifications: Details of any energy management equipment to be installed or maintained

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Ƶ

Cost

Free to use

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