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Commercial Management Agreement
"I need a Commercial Management Agreement for my retail property portfolio in Sydney, where the management company will handle tenant relations, maintenance, and financial reporting, starting from March 2025, with specific provisions for sustainability reporting and green building compliance."
1. Parties: Identifies and provides details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Appointment and Scope: Establishes the manager's appointment and outlines core services
5. Term and Renewal: Specifies initial term, renewal options, and conditions
6. Manager's Obligations: Details the core responsibilities and duties of the manager
7. Client's Obligations: Outlines the responsibilities and duties of the client
8. Fees and Payment Terms: Specifies management fees, payment schedule, and related financial terms
9. Reporting and Performance Metrics: Establishes reporting requirements and performance standards
10. Intellectual Property: Addresses ownership and usage of intellectual property
11. Confidentiality: Defines confidential information and protection obligations
12. Insurance and Liability: Specifies insurance requirements and liability limitations
13. Termination: Details circumstances and processes for agreement termination
14. Dispute Resolution: Establishes procedures for resolving disputes
15. General Provisions: Includes standard boilerplate clauses and general terms
1. Staff Management: Required when the manager will be responsible for hiring and managing staff
2. Property Management: Included when the agreement involves management of physical properties
3. Marketing and Promotion: Added when the manager has specific marketing responsibilities
4. Financial Management: Required when the manager has significant financial management duties
5. Compliance and Regulatory: Added for industries with specific regulatory requirements
6. Business Development: Included when the manager is responsible for growing the business
7. Technology and Systems: Required when specific technology or systems are integral to the services
8. Crisis Management: Added when specific procedures for crisis situations are needed
9. Environmental Obligations: Required for management involving environmental considerations
10. Change Management: Included when significant operational changes are anticipated
1. Schedule 1 - Services Specification: Detailed description of management services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Schedule 3 - Performance Criteria: Specific KPIs and performance measurement criteria
4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports
5. Schedule 5 - Personnel: Key personnel and their roles/responsibilities
6. Schedule 6 - Operating Procedures: Detailed operational procedures and protocols
7. Schedule 7 - Insurance Requirements: Specific insurance types and coverage levels required
8. Appendix A - Communication Protocol: Procedures for routine and emergency communications
9. Appendix B - Compliance Checklist: Regulatory and operational compliance requirements
10. Appendix C - Handover Procedures: Procedures for transition at start and end of agreement
Authors
Applicable Laws
Business Day
Business Hours
Client
Commencement Date
Confidential Information
Conflict of Interest
Contract Year
Default Event
Dispute
Effective Date
Expiry Date
Fees
Force Majeure Event
Good Industry Practice
GST
Initial Term
Intellectual Property Rights
Key Performance Indicators
Management Services
Manager
Material Breach
Notice
Operating Procedures
Performance Standards
Personnel
Premises
Records
Renewal Term
Reports
Representatives
Required Insurances
Service Levels
Service Provider
Services
Special Conditions
Specified Personnel
Standard Operating Procedures
Sub-contractor
Term
Termination Date
Third Party
Variation
Authority
Scope of Services
Term and Renewal
Performance Standards
Service Provider Obligations
Client Obligations
Fees and Payment
Expenses and Disbursements
Invoicing and Payment Terms
GST
Performance Monitoring
Reporting Requirements
Key Personnel
Subcontracting
Quality Assurance
Compliance
Insurance
Indemnity
Limitation of Liability
Intellectual Property
Confidentiality
Privacy
Data Protection
Records Management
Audit Rights
Force Majeure
Conflict of Interest
Non-Competition
Non-Solicitation
Variation
Assignment
Change of Control
Notice
Termination
Termination Consequences
Dispute Resolution
Governing Law
Entire Agreement
Severability
Waiver
Time of Essence
Relationship of Parties
Survival
Costs
Real Estate
Retail
Hospitality
Manufacturing
Professional Services
Healthcare
Technology
Construction
Education
Facilities Management
Asset Management
Property Development
Infrastructure
Entertainment
Logistics
Legal
Operations
Commercial
Finance
Risk and Compliance
Business Development
Property Management
Facility Management
Contract Administration
Asset Management
Project Management
Executive Leadership
Chief Executive Officer
Managing Director
Operations Manager
Commercial Manager
Contract Manager
Facility Manager
Property Manager
Business Development Manager
Legal Counsel
Risk Manager
Compliance Officer
Finance Director
General Manager
Project Manager
Asset Manager
Portfolio Manager
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