The Operations and Management Agreement serves as a crucial legal instrument in Austrian business practice, establishing the framework for professional management and operation of facilities, assets, or business operations. This document is essential when an owner wishes to delegate operational responsibility to a specialized service provider while maintaining ownership and strategic control. The agreement comprehensively addresses operational requirements, performance standards, risk allocation, and compliance with Austrian regulatory requirements, including the Austrian Civil Code (ABGB) and Commercial Code (UGB). It is particularly valuable for complex operations requiring professional management expertise, detailed service level agreements, and clear accountability structures. The document typically includes specific provisions for reporting, maintenance standards, emergency procedures, and performance metrics, all tailored to comply with Austrian legal and regulatory frameworks.
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1. Parties: Identification and details of the contracting parties - typically the Owner/Principal and the Operator/Manager
2. Background: Context of the agreement, including description of the facility/operation and the parties' objectives
3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the agreement
4. Appointment and Scope: Formal appointment of the operator and detailed scope of services to be provided
5. Term and Renewal: Duration of the agreement and provisions for extension or renewal
6. Operator's Obligations: Detailed responsibilities and duties of the operator in managing and operating the facility/business
7. Owner's Obligations: Responsibilities and obligations of the owner, including provision of access and information
8. Performance Standards: Required standards of performance and key performance indicators (KPIs)
9. Staff and Employment: Provisions regarding employment, staffing requirements, and personnel management
10. Fees and Payment Terms: Compensation structure, payment terms, and invoicing procedures
11. Reporting and Records: Requirements for operational reporting, record-keeping, and information sharing
12. Insurance and Liability: Insurance requirements and allocation of risks between parties
13. Termination: Grounds for termination, termination procedures, and consequences
14. Confidentiality: Protection of confidential information and trade secrets
15. Dispute Resolution: Procedures for resolving disputes between the parties
16. Governing Law: Specification of Austrian law as governing law and jurisdiction provisions
1. Emergency Procedures: Specific procedures for handling emergency situations, required for high-risk operations or critical facilities
2. Intellectual Property: Provisions regarding IP rights and licenses, needed when proprietary systems or technology are involved
3. Environmental Compliance: Specific environmental obligations and compliance requirements, necessary for operations with environmental impact
4. Security Requirements: Detailed security protocols and requirements, important for sensitive operations or facilities
5. Change in Law: Provisions dealing with regulatory changes, particularly relevant in heavily regulated industries
6. Step-in Rights: Rights of the owner or lenders to step in and take control, important when external financing is involved
7. Anti-Corruption Compliance: Specific anti-corruption provisions, particularly important for international operations or public sector contracts
8. Force Majeure: Detailed force majeure provisions, particularly relevant for operations susceptible to external disruptions
1. Schedule 1 - Services Specification: Detailed description of all services to be provided by the operator
2. Schedule 2 - Fee Structure: Detailed breakdown of fees, including base fees, performance bonuses, and reimbursable expenses
3. Schedule 3 - Performance Standards and KPIs: Detailed performance metrics and measurement criteria
4. Schedule 4 - Required Insurance: Specific insurance requirements and minimum coverage levels
5. Schedule 5 - Operating Procedures: Detailed operating procedures and protocols
6. Schedule 6 - Asset Register: List of assets under management and their condition
7. Schedule 7 - Required Reports: Templates and specifications for required operational reports
8. Schedule 8 - Emergency Procedures: Detailed emergency response procedures and contact information
9. Appendix A - Site Plans: Facility layout and site plans
10. Appendix B - Required Permits and Licenses: List of necessary operational permits and licenses
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