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Business Management Agreement
"I need a Business Management Agreement for our Vienna-based tech startup to engage a professional management company to handle our expansion into Germany and Switzerland, starting March 2025, with specific focus on performance-based compensation and clear KPIs for market penetration."
1. Parties: Identification of the contracting parties - the company and the management service provider
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Formal appointment of the manager/management company and duration of the agreement
5. Scope of Services: Detailed description of management services to be provided
6. Manager's Duties and Responsibilities: Specific obligations, authority levels, and responsibilities of the manager
7. Company's Obligations: Responsibilities of the company, including provision of information and resources
8. Fees and Payment Terms: Management fees, payment schedule, and expense reimbursement terms
9. Reporting Requirements: Regular reporting obligations and performance metrics
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property: Ownership and usage rights of IP created during the management services
12. Data Protection: Compliance with GDPR and Austrian data protection laws
13. Liability and Indemnification: Extent of manager's liability and mutual indemnification provisions
14. Termination: Grounds for termination and notice requirements
15. Post-Termination Obligations: Obligations that survive termination and handover requirements
16. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
17. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Compete and Non-Solicitation: Restrictions on competitive activities and employee solicitation - include when protecting business interests is crucial
2. Performance Bonus: Structure for additional performance-based compensation - include when offering incentive-based payments
3. Insurance Requirements: Specific insurance coverage requirements - include when management services involve significant risks
4. Force Majeure: Provisions for unforeseeable circumstances - include when services might be affected by external events
5. Delegation of Authority: Terms for delegating management tasks - include when sub-delegation might be necessary
6. Corporate Governance: Specific governance requirements - include for listed companies or regulated industries
7. Compliance Requirements: Industry-specific compliance obligations - include for regulated sectors
8. International Services: Provisions for cross-border services - include when management services extend beyond Austria
1. Schedule 1 - Scope of Services: Detailed breakdown of management services and deliverables
2. Schedule 2 - Fee Structure: Detailed fee calculations, rates, and payment terms
3. Schedule 3 - Key Performance Indicators: Specific performance metrics and evaluation criteria
4. Schedule 4 - Reporting Templates: Standard formats for required management reports
5. Schedule 5 - Authorized Representatives: List of key contacts and their authority levels
6. Appendix A - Power of Attorney: Format of power of attorney if required for specific actions
7. Appendix B - Compliance Policies: Relevant company policies and procedures
8. Appendix C - Insurance Requirements: Detailed insurance coverage specifications
Authors
Applicable Laws
Approved Budget
Austrian Corporate Governance Code
Board
Business Day
Business Plan
Change of Control
Company
Company Group
Company Policies
Confidential Information
Data Protection Laws
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Performance Indicators
Management Fee
Management Services
Manager
Material Adverse Effect
Performance Bonus
Personal Data
Professional Standards
Quarter
Regulatory Approvals
Related Parties
Reporting Period
Representatives
Service Level Standards
Service Provider
Service Recipients
Shareholders
Subsidiary
Term
Territory
Third Party
Working Hours
Term and Duration
Management Services
Authority and Powers
Performance Standards
Duties and Responsibilities
Representations and Warranties
Fees and Expenses
Payment Terms
Performance Metrics
Reporting Requirements
Corporate Governance
Compliance
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Record Keeping
Audit Rights
Insurance
Indemnification
Limitation of Liability
Force Majeure
Termination
Post-Termination Obligations
Assignment
Delegation
Notices
Amendments
Severability
Entire Agreement
Governing Law
Dispute Resolution
Anti-Corruption
Regulatory Compliance
Professional Services
Manufacturing
Technology
Financial Services
Healthcare
Real Estate
Retail
Hospitality
Construction
Energy
Transportation
Media and Entertainment
Education
Telecommunications
Consulting
Legal
Operations
Human Resources
Finance
Compliance
Risk Management
Corporate Governance
Business Development
Strategy
Administrative
Procurement
Internal Audit
Chief Executive Officer
Managing Director
Chief Operating Officer
Business Unit Manager
Project Manager
Department Head
Operations Manager
General Manager
Country Manager
Regional Director
Interim Manager
Management Consultant
Business Development Manager
Corporate Governance Officer
Risk Manager
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