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Management Fee Agreement
"I need a Management Fee Agreement under Austrian law for my investment management company to provide strategic management services to a manufacturing group, with a combined fixed and performance-based fee structure, including specific provisions for cross-border services within the EU."
1. Parties: Identification of the parties entering into the agreement, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the management services arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of management services to be provided
5. Fee Structure: Specification of management fees, calculation methods, and payment terms
6. Payment Terms: Details of invoicing, payment methods, currency, and payment schedule
7. Term and Termination: Duration of the agreement and conditions for termination
8. Obligations of the Service Provider: Responsibilities and commitments of the party providing management services
9. Obligations of the Client: Responsibilities and commitments of the party receiving management services
10. Confidentiality: Provisions regarding the handling of confidential information
11. Intellectual Property: Rights and obligations regarding any IP created or used during service provision
12. Liability and Indemnification: Extent of liability and indemnification obligations of both parties
13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
14. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Force Majeure: Include when parties want specific provisions for unforeseeable circumstances affecting service delivery
2. Non-Compete: Include when restricting the service provider from competing activities is necessary
3. Data Protection: Include when personal data processing is involved in service provision
4. Performance Metrics: Include when fee structure is tied to specific performance indicators
5. Audit Rights: Include when client requires rights to audit service provider's activities
6. Insurance: Include when specific insurance coverage requirements are necessary
7. Anti-Corruption: Include for international arrangements or when dealing with public entities
8. Assignment: Include when transfer of rights needs to be specifically regulated
1. Schedule 1 - Scope of Services: Detailed breakdown of management services to be provided
2. Schedule 2 - Fee Calculation: Detailed methodology for calculating management fees
3. Schedule 3 - Key Personnel: List of key personnel responsible for service delivery
4. Schedule 4 - Service Levels: Specific service levels and performance indicators if applicable
5. Schedule 5 - Reporting Requirements: Format and frequency of management reports
6. Appendix A - Power of Attorney: If specific authorizations are required for service delivery
7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services
Authors
Affiliate
Business Day
Commencement Date
Confidential Information
Effective Date
Fee
Force Majeure Event
Group
Initial Term
Intellectual Property Rights
Key Personnel
Management Services
Performance Metrics
Quarter
Recipient
Renewal Term
Service Provider
Services
Service Level Requirements
Term
Territory
Working Hours
Year
Base Fee
Performance Fee
Calculation Period
Payment Date
Expenses
Material Breach
Notice
Service Standards
Applicable Law
Business Plan
Change of Control
VAT
Appointment
Term
Fees
Payment
Service Provider Obligations
Client Obligations
Representations and Warranties
Performance Standards
Reporting
Confidentiality
Intellectual Property
Data Protection
Non-Competition
Non-Solicitation
Liability
Indemnification
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment
Subcontracting
Notices
Amendment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Waiver
Third Party Rights
Compliance with Laws
Anti-Corruption
Record Keeping
Audit Rights
Financial Services
Investment Management
Private Equity
Real Estate
Corporate Services
Professional Services
Manufacturing
Technology
Healthcare
Hospitality
Retail
Energy
Infrastructure
Legal
Finance
Corporate Governance
Tax
Compliance
Operations
Investment Management
Corporate Development
Treasury
Accounting
Chief Executive Officer
Chief Financial Officer
Managing Director
Finance Director
Legal Counsel
Corporate Lawyer
Investment Manager
Fund Manager
Operations Director
Controller
Compliance Officer
Tax Manager
Company Secretary
Business Development Manager
Portfolio Manager
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