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Operating Management Agreement
"I need an Operating Management Agreement under Swiss law for a luxury hotel property in Geneva, where an international hotel chain will take over management from March 1, 2025, including staff transfer provisions and specific performance metrics for luxury hospitality operations."
1. Parties: Identification of the contracting parties - the owner/company and the operator/manager
2. Background: Context of the agreement, including brief description of the business and purpose of the management arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of the operator and detailed scope of management services
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Operator's Rights and Obligations: Detailed responsibilities and authority of the operator in managing the business
7. Owner's Rights and Obligations: Owner's ongoing responsibilities and retained rights
8. Financial Arrangements: Management fees, payment terms, expenses, and financial reporting requirements
9. Operating Standards: Required performance standards and quality metrics
10. Reporting and Oversight: Regular reporting requirements and owner's oversight rights
11. Personnel: Staffing responsibilities and requirements
12. Insurance and Indemnification: Required insurance coverage and mutual indemnification provisions
13. Termination: Termination rights, grounds for termination, and consequences
14. Post-Termination Obligations: Transition responsibilities and handover requirements
15. Confidentiality: Protection of confidential information and trade secrets
16. Force Majeure: Rights and obligations during extraordinary events
17. Governing Law and Dispute Resolution: Swiss law application and dispute resolution procedures
18. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Intellectual Property Rights: Required when specific IP is being created or licensed during operations
2. Data Protection: Detailed data handling requirements when significant personal data processing is involved
3. Regulatory Compliance: Industry-specific compliance requirements for regulated sectors
4. Environmental Compliance: Environmental obligations for operations with environmental impact
5. Employee Transfer Provisions: Required when existing employees are being transferred between parties
6. Multi-Location Provisions: Specific provisions for managing multiple facilities or locations
7. Emergency Services: Special procedures for emergency situations in high-risk operations
8. Competition Restrictions: Non-compete and non-solicitation provisions where required
1. Schedule 1 - Services Description: Detailed description of management services to be provided
2. Schedule 2 - Fee Structure: Detailed breakdown of management fees, incentives, and payment calculations
3. Schedule 3 - Performance Metrics: Specific KPIs and performance standards
4. Schedule 4 - Operating Procedures: Detailed operational procedures and standards
5. Schedule 5 - Required Insurance: Specific insurance requirements and minimum coverage levels
6. Schedule 6 - Initial Business Plan: First-year operational and financial plans
7. Schedule 7 - Property Inventory: List of assets under management
8. Schedule 8 - Key Personnel: Identification of key management positions and initial appointees
9. Appendix A - Required Reports: Templates and requirements for regular reporting
10. Appendix B - Emergency Procedures: Emergency response and notification procedures
Authors
Applicable Laws
Approved Budget
Assets
Base Fee
Business
Business Day
Business Plan
Commencement Date
Confidential Information
Contract Year
Effective Date
Emergency
Employee Costs
Expiry Date
Facility
Force Majeure Event
Good Industry Practice
Gross Operating Profit
Incentive Fee
Initial Term
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Management Services
Management Team
Operating Account
Operating Expenses
Operating Standards
Operator
Operator Default
Owner
Owner Default
Performance Standards
Permits
Personnel
Property
Quarterly Report
Renewal Term
Reports
Revenue
Services
Swiss Law
Term
Termination Date
Working Capital
Term and Renewal
Services Scope
Management Authority
Operating Standards
Personnel and Staffing
Financial Management
Budgeting and Business Planning
Fees and Payments
Performance Standards
Reporting and Records
Owner's Rights
Operator's Rights
Asset Management
Maintenance and Repair
Insurance
Indemnification
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Termination Rights
Post-Termination Obligations
Non-Compete
Non-Solicitation
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Compliance
Health and Safety
Environmental Compliance
Emergency Procedures
Amendments
Severability
Entire Agreement
Third Party Rights
Counterparts
Language
Authority and Capacity
Hospitality
Real Estate
Healthcare
Manufacturing
Retail
Education
Infrastructure
Transportation
Energy
Facilities Management
Commercial Property
Industrial Operations
Leisure and Entertainment
Senior Living
Logistics
Legal
Operations
Compliance
Finance
Risk Management
Facilities Management
Asset Management
Business Development
Property Management
Contract Administration
Senior Management
Corporate Services
CEO
COO
General Counsel
Operations Director
Facility Manager
Property Manager
Asset Manager
Business Development Director
Contract Manager
Legal Counsel
Risk Manager
Compliance Officer
Financial Controller
Operations Manager
Managing Director
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