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Exclusive Management Agreement
"I need an Exclusive Management Agreement for my boutique hotel in Manila, with a management company taking full operational control starting March 1, 2025, including staff management and revenue optimization, with quarterly performance reviews."
1. Parties: Identification of the principal company and the management company, including their complete legal names, addresses, and registration details
2. Background: Context of the agreement, including brief description of the business and reason for engaging the management company
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of the manager and detailed scope of management services
5. Exclusivity: Terms of exclusive arrangement and territorial limitations
6. Powers and Authority: Specific powers granted to the management company and any limitations
7. Duties and Responsibilities: Detailed obligations of the management company
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Fees and Payment Terms: Management fees, payment schedule, and calculation methods
10. Performance Standards: Required performance levels and quality standards
11. Reporting Requirements: Regular reporting obligations and documentation requirements
12. Confidentiality: Protection of confidential information and trade secrets
13. Non-Competition: Restrictions on competitive activities during and after the agreement
14. Intellectual Property: Ownership and usage rights of intellectual property
15. Indemnification: Mutual indemnification provisions and liability limitations
16. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.
1. Key Performance Indicators (KPIs): Specific performance metrics and targets, included when quantifiable performance measurement is required
2. Employee Matters: Terms regarding management of employees, included when the agreement involves staff supervision
3. Insurance Requirements: Specific insurance obligations, included for high-risk industries or when required by regulation
4. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in volatile markets or regions
5. Dispute Resolution: Detailed dispute resolution procedures, included when parties prefer specific resolution mechanisms
6. Transition Services: Procedures for handover at termination, included for complex management arrangements
7. Compliance Requirements: Industry-specific compliance obligations, included for regulated industries
8. Sub-contracting Rights: Terms for engaging sub-contractors, included when delegation of duties may be necessary
1. Schedule A - Services Description: Detailed description of management services to be provided
2. Schedule B - Fee Structure: Detailed breakdown of management fees, including base fees, performance fees, and expenses
3. Schedule C - Key Personnel: List of key management personnel and their roles
4. Schedule D - Performance Metrics: Detailed KPIs and measurement methodologies
5. Schedule E - Reporting Templates: Standard formats for required reports and documentation
6. Schedule F - Operating Procedures: Standard operating procedures and protocols
7. Schedule G - Territory Definition: Detailed description of geographical coverage and limitations
8. Appendix 1 - Power of Attorney: Formal authorization of management powers, if required
9. Appendix 2 - Compliance Checklist: List of regulatory requirements and compliance obligations
Authors
Applicable Laws
Approved Budget
Business Day
Commencement Date
Confidential Information
Effective Date
Event of Default
Exclusivity Period
Facilities
Force Majeure Event
Gross Revenue
Initial Term
Intellectual Property Rights
Key Performance Indicators
Management Fee
Management Services
Manager
Operating Expenses
Operating Standards
Performance Metrics
Principal
Renewal Term
Reports
Service Level Requirements
Term
Territory
Third Party
Working Capital
Authority
Scope of Services
Exclusivity
Term
Renewal
Termination
Management Fees
Performance Standards
Reporting
Confidentiality
Non-Competition
Intellectual Property
Indemnification
Insurance
Force Majeure
Assignment
Representations and Warranties
Compliance
Dispute Resolution
Governing Law
Notices
Amendment
Severability
Entire Agreement
Further Assurance
Third Party Rights
Counterparts
Data Protection
Employment
Operating Standards
Budget and Financial Planning
Asset Management
Service Levels
Audit Rights
Hospitality
Real Estate
Retail
Manufacturing
Entertainment
Healthcare
Education
Food and Beverage
Technology
Tourism
Property Management
Sports and Recreation
Legal
Operations
Executive Leadership
Corporate Governance
Compliance
Risk Management
Business Development
Contract Administration
Asset Management
Facility Management
Chief Executive Officer
Managing Director
Chief Operating Officer
General Manager
Operations Director
Legal Counsel
Corporate Secretary
Business Development Manager
Contract Manager
Compliance Officer
Risk Manager
Property Manager
Facility Manager
Asset Manager
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