The Interim Management Agreement is designed for situations where organizations require temporary senior leadership or specialized management expertise. This document, governed by New Zealand law, is commonly used during organizational transitions, turnaround situations, project implementations, or when covering temporary leadership gaps. It provides a robust framework for engaging interim executives while clearly differentiating the arrangement from traditional employment relationships. The agreement addresses key aspects such as scope of authority, deliverables, commercial terms, and exit arrangements, while ensuring compliance with New Zealand's regulatory requirements, including the Contract and Commercial Law Act 2017 and relevant corporate governance provisions. The document is particularly valuable when organizations need immediate access to senior-level expertise without the long-term commitment of permanent employment.
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1. Parties: Identification of the contracting parties - the company and the interim manager (either as an individual or through their service company)
2. Background: Context of the appointment, including the reason for requiring interim management services
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Term', 'Deliverables', and 'Key Personnel'
4. Appointment and Term: Scope of appointment, commencement date, duration, and any extension provisions
5. Services: Detailed description of the interim management services to be provided
6. Duties and Responsibilities: Specific duties, authority levels, and reporting requirements of the interim manager
7. Fees and Expenses: Payment terms, rate structure, expense policy, and invoicing requirements
8. Performance Standards: Expected standards of service, KPIs, and quality requirements
9. Relationship of Parties: Clarification that the relationship is one of independent contractor, not employment
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property: Ownership and rights to intellectual property created during the engagement
12. Termination: Termination rights, notice periods, and consequences of termination
13. Handover: Requirements for handover of responsibilities at the end of the engagement
14. General Provisions: Standard boilerplate clauses including governing law, disputes, and notices
1. Non-Competition: Restrictions on competing activities, used when the interim manager will have access to sensitive competitive information
2. Insurance Requirements: Specific insurance obligations, included when the role involves significant risk or regulatory requirements
3. Performance Bonuses: Additional compensation based on achieving specific targets, used for longer-term or transformational assignments
4. Client Materials and Resources: Provisions regarding company resources provided to the interim manager, included when significant assets or resources are involved
5. Multiple Key Personnel: Used when the interim management service involves more than one key person from the service provider
6. Regulatory Compliance: Specific compliance obligations, included for regulated industries or roles
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in volatile business environments
8. Succession Planning: Requirements for assisting in recruiting and training a permanent replacement, used for longer-term engagements
1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and specific responsibilities
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment terms, and expense categories
3. Schedule 3 - Key Personnel: Details of the interim manager and any supporting team members
4. Schedule 4 - Performance Metrics: Specific KPIs and performance measurement criteria
5. Schedule 5 - Company Policies: Key company policies that apply to the interim manager
6. Appendix A - Reporting Requirements: Templates and requirements for regular reporting
7. Appendix B - Handover Checklist: Required documents and processes for completion at handover
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