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Operating Management Agreement
"I need an Operating Management Agreement under Belgian law for my hotel property in Brussels, where a professional management company will take over full operations from March 1, 2025, with specific provisions for staff transition and seasonal performance metrics."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Appointment and Scope: Terms of appointment and scope of management services
5. Duration and Term: Period of the agreement and renewal provisions
6. Management Obligations and Responsibilities: Detailed description of management duties and service levels
7. Authority and Limitations: Scope of management authority and decision-making powers
8. Fees and Payment Terms: Management fees, payment schedule, and related financial terms
9. Reporting and Performance Monitoring: Required reports, KPIs, and performance assessment procedures
10. Compliance and Regulatory Requirements: Obligations regarding laws, regulations, and corporate governance
11. Confidentiality: Protection and handling of confidential information
12. Personnel and Resources: Staffing requirements and resource allocation
13. Liability and Indemnification: Liability limitations and indemnification provisions
14. Termination: Grounds for termination and termination procedures
15. Post-Termination Obligations: Obligations and responsibilities after agreement ends
16. Dispute Resolution: Procedures for resolving disputes
17. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Intellectual Property Rights: Include when management services involve creation or use of IP
2. Non-Competition and Non-Solicitation: Include when protection against competition is required
3. Insurance Requirements: Include when specific insurance coverage needs to be maintained
4. Data Protection: Include when personal data processing is involved
5. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
6. Anti-Corruption and Compliance: Include for international operations or high-risk sectors
7. Environmental Compliance: Include when environmental regulations are relevant
8. Change of Control: Include when stability of ownership is important
1. Schedule 1 - Scope of Services: Detailed description of management services to be provided
2. Schedule 2 - Fee Structure: Detailed breakdown of fees, expenses, and payment terms
3. Schedule 3 - Key Performance Indicators: Specific performance metrics and targets
4. Schedule 4 - Reporting Requirements: Format and frequency of required reports
5. Schedule 5 - Key Personnel: List of key management personnel and their roles
6. Schedule 6 - Operating Procedures: Detailed operational procedures and protocols
7. Schedule 7 - Compliance Requirements: Specific regulatory and compliance obligations
8. Appendix A - Power of Attorney: If required, detailed powers granted to management
9. Appendix B - Insurance Requirements: Specific insurance coverage requirements
Authors
Manufacturing
Hospitality
Real Estate
Retail
Healthcare
Technology
Financial Services
Professional Services
Energy
Transportation and Logistics
Construction
Agriculture
Education
Entertainment and Media
Legal
Operations
Finance
Human Resources
Compliance
Risk Management
Corporate Governance
Business Development
Strategy
Administrative
Chief Executive Officer
Managing Director
Operations Director
General Manager
Chief Financial Officer
Chief Operating Officer
Business Unit Manager
Facility Manager
Project Manager
Corporate Counsel
Legal Director
Compliance Officer
Risk Manager
Business Development Manager
Human Resources Director
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