Non Exclusive Management Agreement Template for Philippines

The Non-Exclusive Management Agreement is a crucial document used when a business entity seeks professional management services while maintaining flexibility in service provider relationships. This agreement type is particularly relevant in the Philippine business context, where companies often require specialized management expertise while preserving their operational autonomy. The document comprehensively addresses key aspects such as service scope, performance standards, compensation, and compliance with Philippine regulations, including the Civil Code and relevant business laws. It's structured to protect both parties' interests while facilitating efficient business operations, making it suitable for various industries and business scales. The non-exclusive nature allows the management service provider to work with other clients, potentially creating economies of scale and knowledge-sharing benefits, while the principal maintains the freedom to engage other service providers as needed.

1. Parties: Identification of the Principal and the Management Company, including their complete legal names, addresses, and registration details

2. Background: Context of the agreement, including brief description of the parties' businesses and purpose of engaging in the management arrangement

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Territory', 'Compensation', and other relevant terminology

4. Appointment and Scope: Terms of appointment, explicitly stating the non-exclusive nature and detailed scope of management services to be provided

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances under which either party may terminate the agreement

6. Management Services: Detailed description of services to be provided, including specific responsibilities and deliverables

7. Non-Exclusivity Provisions: Clear statement of non-exclusive nature and any limitations or restrictions on working with competitors

8. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and any performance-based compensation

9. Obligations and Responsibilities: Specific duties and responsibilities of both parties, including reporting requirements and performance standards

10. Intellectual Property Rights: Protection and ownership of intellectual property created or used during the management services

11. Confidentiality: Protection of confidential information and trade secrets

12. Representations and Warranties: Standard representations and specific warranties from both parties

13. Liability and Indemnification: Limitation of liability and mutual indemnification provisions

14. General Provisions: Standard boilerplate clauses including notices, entire agreement, amendments, governing law, and dispute resolution