Operations And Management Agreement for Switzerland

Operations And Management Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes the relationship between an asset owner and a professional management company for the operation and management of specific assets, facilities, or business operations. The agreement details the scope of management services, performance standards, fee structures, and operational responsibilities while ensuring compliance with Swiss regulatory requirements, particularly the Swiss Code of Obligations. It includes provisions for risk allocation, quality control, reporting requirements, and operational standards, reflecting Switzerland's emphasis on precision and clarity in commercial contracts.

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What is a Operations And Management Agreement?

The Operations And Management Agreement is a crucial document used when an asset owner seeks to delegate operational responsibility to a professional management company while retaining ownership rights. This agreement type is particularly relevant under Swiss law, which provides a robust framework for commercial contracts through the Swiss Code of Obligations. The document comprehensively addresses operational control, performance standards, risk allocation, and compliance requirements. It is commonly used in various contexts, from real estate and infrastructure management to business operations, and must reflect Swiss regulatory requirements while accommodating international business practices. The agreement typically includes detailed provisions for service delivery, performance metrics, fee structures, and reporting obligations, making it essential for establishing clear governance and operational frameworks in professional management relationships.

What sections should be included in a Operations And Management Agreement?

1. Parties: Identification and details of the contracting parties - the owner/principal and the operator/manager

2. Background: Context of the agreement, description of the business/property being managed, and purpose of the arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of the operator and detailed scope of management services

5. Term and Termination: Duration of the agreement, renewal provisions, and termination circumstances

6. Operator's Obligations: Comprehensive list of operator's duties, responsibilities, and performance standards

7. Owner's Obligations: Owner's responsibilities, including provision of access, information, and resources

8. Personnel and Staffing: Requirements for staffing, key personnel, and human resources management

9. Operational Standards: Performance standards, quality requirements, and operational procedures

10. Fees and Payment Terms: Management fees, payment structure, expenses, and invoicing procedures

11. Reporting and Compliance: Required reports, documentation, and compliance with applicable laws and regulations

12. Insurance and Liability: Insurance requirements, liability allocation, and indemnification provisions

13. Intellectual Property: Ownership and usage rights of IP, including systems and procedures

14. Confidentiality: Protection of confidential information and trade secrets

15. Force Majeure: Provisions for handling unforeseen circumstances and force majeure events

16. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Operations And Management Agreement?

1. Emergency Services: Specific procedures and responsibilities for emergency situations, relevant for critical infrastructure or healthcare facilities

2. Environmental Compliance: Special provisions for environmental management and compliance, necessary for operations with environmental impact

3. Asset Management: Detailed provisions for managing physical assets, relevant for property or equipment-heavy operations

4. Technology and Systems: Specifications for technology implementation and management, important for technology-dependent operations

5. Transition Services: Procedures for handover at the beginning and end of the agreement, relevant for complex operations

6. Security Requirements: Special security provisions, necessary for sensitive operations or facilities

7. Quality Assurance: Detailed quality control procedures, important for regulated industries or high-standard operations

8. Business Continuity: Provisions for ensuring continuous operations, relevant for critical services

What schedules should be included in a Operations And Management Agreement?

1. Schedule 1 - Services Specification: Detailed description of all services to be provided under the agreement

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, including base fees, performance bonuses, and reimbursable expenses

3. Schedule 3 - Key Performance Indicators: Specific performance metrics and measurement criteria

4. Schedule 4 - Operating Procedures: Detailed operational procedures and standards

5. Schedule 5 - Required Reports: List and templates of required operational and financial reports

6. Schedule 6 - Key Personnel: Details of key management positions and minimum qualification requirements

7. Schedule 7 - Insurance Requirements: Detailed insurance requirements including types and minimum coverage

8. Schedule 8 - Asset Inventory: Initial inventory of assets under management

9. Appendix A - Emergency Procedures: Detailed emergency response procedures and contact information

10. Appendix B - Compliance Checklist: Regulatory and operational compliance requirements

11. Appendix C - Form Documents: Standard forms and templates for regular operations

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Healthcare

Hospitality

Infrastructure

Manufacturing

Energy

Telecommunications

Transportation

Retail

Education

Sports and Entertainment

Waste Management

Facility Management

Data Centers

Industrial Operations

Relevant Teams

Operations

Legal

Compliance

Risk Management

Facility Management

Asset Management

Project Management

Quality Assurance

Finance

Commercial

Technical Operations

Maintenance

Business Development

Contract Administration

Relevant Roles

Chief Operations Officer

Operations Director

Facility Manager

Asset Manager

General Manager

Contract Manager

Legal Counsel

Compliance Officer

Risk Manager

Project Manager

Property Manager

Business Development Director

Commercial Director

Technical Operations Manager

Quality Assurance Manager

Financial Controller

Operations Supervisor

Maintenance Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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