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1. Parties: Identifies the Hotel Owner and Management Company, including full legal names and registered addresses
2. Background: Context of the agreement, property details, and purpose of the management arrangement
3. Definitions: Key terms used throughout the agreement including Hotel, Services, Operating Standards, Gross Revenue, etc.
4. Appointment and Term: Scope of management company's appointment, duration of the agreement, and renewal terms
5. Management Company's Duties: Core responsibilities including operations, marketing, maintenance, staffing, and compliance obligations
6. Owner's Obligations: Responsibilities including funding, maintenance, insurance, and cooperation requirements
7. Financial Provisions: Management fees, operating accounts, budgets, reporting requirements, and audit rights
8. Staff and Employment: Employment arrangements, responsibilities, key personnel requirements, and TUPE provisions
9. Termination: Circumstances and processes for ending the agreement, including breach, performance failure, and exit provisions
1. Non-Compete Provisions: Restrictions on operating competing properties within specified geographic areas during the term and post-termination
2. Brand Standards: Specific operational and quality requirements when the management company operates under a particular brand
3. FF&E Provisions: Detailed provisions regarding furniture, fixtures, and equipment procurement, maintenance, and replacement
4. Force Majeure: Provisions dealing with extraordinary events affecting hotel operations
1. Property Description: Detailed description of the hotel property, including land, buildings, and facilities
2. Services Schedule: Comprehensive breakdown of management services to be provided
3. Fee Structure: Detailed breakdown of base fees, incentive fees, and other charges
4. Performance Tests: Specific metrics and criteria for evaluating management company's performance
5. Operating Standards: Detailed operational requirements, procedures, and quality standards
6. Employee Handbook: Staff policies, procedures, and employment terms
7. Insurance Requirements: Specified insurance coverage requirements for both parties
Annual Budget
Base Fee
Brand Standards
Business Day
Commencement Date
Confidential Information
Contract Year
Effective Date
FF&E
FF&E Reserve
Force Majeure Event
Gross Operating Profit
Gross Revenue
Hotel
Hotel Employees
Hotel Property
Incentive Fee
Initial Term
Intellectual Property Rights
Management Company
Management Fees
Operating Accounts
Operating Expenses
Operating Standards
Operating Supplies
Owner
Performance Test
Premises
Property System
Renewal Term
Revenue Per Available Room (RevPAR)
Services
Technical Services
Term
Termination Date
Working Capital
Year End
Operating Year
Marketing Services
Central Services
Chain Services
Pre-Opening Services
Capital Expenditure
Emergency
Material Breach
Competitive Set
Term and Renewal
Management Company Duties
Owner's Obligations
Staffing and Employment
Operating Standards
Brand Standards
Financial Management
Budgets and Business Plans
Management Fees
Performance Tests
FF&E and Capital Expenditure
Insurance
Intellectual Property
Confidentiality
Non-Competition
Force Majeure
Termination
Assignment and Transfer
Dispute Resolution
Indemnification
Health and Safety
Compliance with Laws
Records and Reporting
Marketing and Promotion
Maintenance and Repairs
Emergency Powers
Central Services
Environmental Compliance
Data Protection
Bank Accounts
Notices
Governing Law
Entire Agreement
Severability
Amendments
Third Party Rights
Warranties and Representations
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