This Commercial Management Agreement template is designed for use under Danish law when a company seeks to engage professional management services for its operations. It is particularly relevant when businesses require external expertise for managing specific aspects of their operations, projects, or facilities. The agreement incorporates key requirements of Danish commercial law, including the Danish Contracts Act and Business Act, while addressing essential aspects such as service scope, performance metrics, compensation, and compliance requirements. This document is commonly used in situations requiring professional management oversight, whether for entire operations or specific business units, and can be customized based on the complexity and scope of the management services required.
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Key Requirements PROMPT example:
Commercial Management Agreement
I need a Commercial Management Agreement for appointing an external service provider to manage three commercial office buildings in Copenhagen, starting from March 2025, with specific provisions for maintenance, tenant relations, and financial reporting.
1. Parties: Identification of the parties entering into the agreement - the company and the management service provider
2. Background: Context of the agreement and brief description of the parties' intentions
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 to be provided
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Manager's Duties and Responsibilities: Detailed description of the manager's obligations and standard of service
7. Company's Obligations: Obligations of the company to enable the manager to perform services
8. Fees and Payment Terms: Management fees, payment schedule, and related financial terms
9. Performance Standards: Required service levels and performance metrics
10. Reporting and Communication: Regular reporting requirements and communication protocols
11. Confidentiality: Protection of confidential information and trade secrets
12. Intellectual Property: Ownership and usage rights of intellectual property
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Compete: Restrictions on the manager's ability to compete, used when the manager will have access to sensitive business information
2. Insurance: Required insurance coverage, included when specific insurance requirements are needed
3. Data Protection: GDPR compliance provisions, required when personal data processing is involved
4. Staff and Subcontracting: Rules for hiring staff and using subcontractors, needed when the manager may need to delegate tasks
5. Environmental Compliance: Environmental standards and commitments, relevant for management of facilities or operations with environmental impact
6. Crisis Management: Procedures for handling emergency situations, important for high-risk or critical operations
7. Audit Rights: Company's right to audit the manager's performance and records, useful for complex or high-value agreements
1. Schedule 1 - Services Description: Detailed specification of management services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including any variable components and calculation methods
3. Schedule 3 - Key Performance Indicators: Specific performance metrics and measurement methods
4. Schedule 4 - Required Reports: Format and content requirements for regular reports
5. Schedule 5 - Key Personnel: List of key management personnel and their roles
6. Schedule 6 - Service Levels: Detailed service level requirements and response times
7. Schedule 7 - Policies and Procedures: Relevant company policies that the manager must comply with
8. Appendix A - Power of Attorney: If required, specific powers granted to the manager
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Property Management
Hospitality
Logistics
Facility Management
Professional Services
Technology
Healthcare
Construction
Real Estate
Energy
Transportation
Agricultural Business
Industrial Services
Relevant Teams
Legal
Operations
Commercial
Finance
Procurement
Compliance
Risk Management
Facility Management
Project Management
Business Development
Contract Administration
Relevant Roles
Chief Executive Officer
Managing Director
Operations Director
Commercial Director
Chief Financial Officer
General Counsel
Contract Manager
Procurement Manager
Facility Manager
Operations Manager
Project Manager
Business Development Manager
Risk Manager
Compliance Officer
Legal Counsel
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