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Exclusive Management Agreement Template for Germany

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Key Requirements PROMPT example:

Exclusive Management Agreement

"I need an Exclusive Management Agreement for a property management company to manage our portfolio of five commercial buildings in Berlin, starting from March 1, 2025, with quarterly performance reviews and specific KPIs for occupancy rates and maintenance efficiency."

Document background
The Exclusive Management Agreement (Exklusiver Managementvertrag) is a specialized contract used in German business contexts where a company seeks to delegate management responsibilities to a professional service provider on an exclusive basis. This document is particularly relevant when businesses require external expertise for operational management, strategic oversight, or specialized industry knowledge. The agreement, governed by German law including the Bürgerliches Gesetzbuch (BGB) and Handelsgesetzbuch (HGB), carefully balances the interests of both parties while ensuring compliance with German commercial regulations. It is commonly used in scenarios requiring professional management services, such as property management, asset management, or business operations, where exclusivity is a key requirement for effective service delivery.
Suggested Sections

1. Parties: Identification of the Manager and the Client/Company, including full legal names, registration details, and addresses

2. Background: Context of the agreement, brief description of the parties' business, and purpose of the management arrangement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Appointment and Scope: Express appointment of the Manager, confirmation of exclusivity, and detailed scope of management services

5. Term and Termination: Duration of the agreement, renewal provisions, and grounds for termination

6. Manager's Rights and Obligations: Detailed responsibilities, authority levels, and duties of the Manager

7. Client's Rights and Obligations: Client's responsibilities, including cooperation requirements and information provision

8. Exclusivity Provisions: Specific terms of exclusivity, territorial scope, and any permitted exceptions

9. Fees and Payment Terms: Management fees, payment schedule, expenses, and any performance-based compensation

10. Reporting and Performance Review: Reporting obligations, performance metrics, and review procedures

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

13. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Intellectual Property Rights: Required when the management services involve creation or use of intellectual property

2. Data Protection: Necessary when personal data processing is involved, ensuring GDPR compliance

3. Non-Competition: Added when specific post-termination restrictions are required

4. Force Majeure: Important for long-term agreements or in volatile industries

5. International Operations: Required when management services extend across multiple jurisdictions

6. Key Personnel: Necessary when specific individuals are crucial to the management services

7. Compliance with Laws: Detailed compliance obligations for regulated industries

8. Exit Provisions: Detailed procedures for transition upon termination, needed for complex management arrangements

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of all management services to be provided

2. Schedule 2 - Fee Structure: Detailed fee calculations, performance metrics, and payment terms

3. Schedule 3 - Key Performance Indicators: Specific performance metrics and measurement criteria

4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports

5. Schedule 5 - Key Personnel: Details of key team members and their roles

6. Schedule 6 - Service Levels: Specific service standards and response times

7. Appendix A - Power of Attorney: If required, specific powers granted to the Manager

8. Appendix B - Insurance Requirements: Detailed insurance coverage requirements and minimum limits

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses
































Relevant Industries

Professional Services

Entertainment and Media

Sports Management

Real Estate and Property Management

Hotel and Hospitality

Asset Management

Investment Management

Facility Management

Restaurant and Food Service

Retail Operations

Healthcare Facility Management

Manufacturing Operations

Technology Services

Event Management

Relevant Teams

Legal

Operations

Commercial

Business Development

Compliance

Risk Management

Finance

Corporate Services

Contract Management

Project Management

Relevant Roles

Chief Executive Officer

Managing Director

Operations Director

Legal Counsel

Contract Manager

Business Development Manager

Property Manager

Asset Manager

Facility Manager

Operations Manager

Commercial Director

General Manager

Project Manager

Compliance Officer

Risk Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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