The Management Agreement Between Two Companies is a crucial legal document used when one company wishes to formally engage another company to provide management services in Ireland. This agreement is particularly relevant for businesses seeking professional management expertise, operational support, or strategic oversight without creating an employment relationship. The document comprehensively addresses service scope, performance standards, fee structures, and risk allocation while ensuring compliance with Irish law, including the Companies Act 2014 and relevant regulatory requirements. It's commonly used in various scenarios such as property management, business consulting arrangements, or when a parent company provides management services to subsidiaries. The agreement includes essential provisions for data protection, confidentiality, intellectual property rights, and clear termination procedures, making it suitable for both short-term and long-term management arrangements in the Irish business context.
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1. Parties: Identification of the service provider and recipient companies with full legal names and registered addresses
2. Background: Context of the agreement and brief description of the companies' relationship and intention
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Appointment and Scope: Formal appointment clause and overview of management services scope
5. Term and Commencement: Duration of the agreement and effective date
6. Service Provider's Obligations: Detailed responsibilities and duties of the management service provider
7. Client's Obligations: Responsibilities and duties of the company receiving services
8. Fees and Payment Terms: Management fees, payment schedule, expenses, and invoicing procedures
9. Performance Standards: Required service levels and quality standards
10. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance and data processing obligations
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Insurance: Required insurance coverage and minimum limits
15. Termination: Termination rights, notice periods, and consequences of termination
16. Post-Termination Obligations: Obligations surviving termination and transition arrangements
17. General Provisions: Standard boilerplate clauses including notices, amendment process, and governing law
1. Key Personnel: Used when specific individuals are critical to service delivery, including replacement procedures
2. Non-Compete: Include when protection against competition is required, subject to Irish competition law
3. Force Majeure: Include for longer-term agreements or where service interruption risks are significant
4. Change Control: Required for complex services where scope changes are likely
5. Audit Rights: Include when regular audit of services or financial matters is needed
6. Business Continuity: Important for critical management services
7. Anti-Bribery and Corruption: Include for international arrangements or high-risk sectors
8. Environmental, Social and Governance (ESG): Include when ESG compliance is important to either party
1. Schedule 1 - Services Description: Detailed specification of management services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria
4. Schedule 4 - Key Personnel: Details of key team members and their roles
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details
6. Schedule 6 - Governance and Reporting: Management structure, meeting schedule, and reporting requirements
7. Schedule 7 - Exit Plan: Transition and handover procedures upon termination
8. Appendix A - Template Reports: Standard formats for required management reports
9. Appendix B - Contact Details: Key contact information for both parties
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