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Operations And Management Agreement
"I need an Operations and Management Agreement under German law for our new commercial office building in Munich, where we want to delegate all facility management responsibilities to a third-party operator starting March 1, 2025, with particular emphasis on sustainability requirements and energy efficiency standards."
1. Parties: Identification of the contracting parties - the owner/principal and the operator/manager
2. Background: Context of the agreement, including description of the business/facility and purpose of the management arrangement
3. Definitions: Detailed definitions of 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, commencement date, and renewal provisions
6. Operator's Obligations: Comprehensive list of operator's duties, responsibilities, and performance standards
7. Owner's Obligations: Owner's responsibilities, including provision of access, information, and resources
8. Personnel and Staffing: Requirements for staffing, key personnel, and human resources management
9. Performance Standards: Specific performance metrics, KPIs, and quality standards
10. Fees and Payment Terms: Management fees, payment structure, expenses, and invoicing procedures
11. Reporting and Compliance: Required reports, documentation, and compliance with laws and regulations
12. Insurance and Liability: Insurance requirements and allocation of liabilities between parties
13. Termination: Termination rights, procedures, and consequences
14. Handover Provisions: Requirements for transition upon termination or expiry
15. Confidentiality: Protection of confidential information and trade secrets
16. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
17. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Intellectual Property Rights: Required when specific IP is involved in the operations or being created during management
2. Environmental Compliance: Necessary for operations with significant environmental impact
3. Emergency Procedures: Important for high-risk operations or critical facilities
4. Security Requirements: Needed for sensitive operations or facilities requiring specific security measures
5. Data Protection: Detailed section required when significant personal data processing is involved
6. Change Management: Important for complex operations where operational changes need specific procedures
7. Force Majeure: Detailed provisions for industries particularly susceptible to external disruptions
8. Competition Restrictions: Required when including non-compete or territorial restrictions
9. Subcontracting: Necessary when subcontracting of services is anticipated
10. Asset Management: Required when operator has responsibility for maintaining or managing significant assets
1. Schedule 1 - Services Description: Detailed description of all management and operational services to be provided
2. Schedule 2 - Performance Standards and KPIs: Specific metrics and standards for measuring operator's performance
3. Schedule 3 - Fee Structure: Detailed breakdown of fees, including base fees, incentive fees, and expense categories
4. Schedule 4 - Required Reports: List and templates of required operational and financial reports
5. Schedule 5 - Key Personnel: Identification and qualifications of key management personnel
6. Schedule 6 - Operating Procedures: Standard operating procedures and manuals
7. Schedule 7 - Equipment and Assets: Inventory of equipment and assets under management
8. Schedule 8 - Insurance Requirements: Detailed insurance specifications and coverage requirements
9. Schedule 9 - Handover Procedures: Detailed procedures for transition at termination
10. Schedule 10 - Emergency Response Plan: Procedures for handling emergencies and business continuity
Authors
Applicable Laws
Approved Budget
Asset Register
Business Day
Business Hours
Change of Control
Commencement Date
Confidential Information
Contract Year
Data Protection Laws
Emergency
Effective Date
Equipment
Facility
Force Majeure Event
Good Industry Practice
Gross Negligence
Handover Date
Initial Term
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Management Fee
Management Services
Operating Expenses
Operating Manual
Operating Procedures
Operating Standards
Operator
Owner
Performance Standards
Permitted Use
Personnel
Property
Quarterly Report
Renewal Term
Required Consents
Required Insurance
Service Level Agreement
Services
Subcontractor
Term
Termination Date
Territory
Third Party
Working Hours
Term and Renewal
Scope of Services
Performance Standards
Operating Procedures
Management Responsibilities
Personnel and Staffing
Training and Development
Health and Safety
Quality Control
Financial Management
Fees and Payments
Operating Budget
Record Keeping
Reporting Requirements
Compliance
Insurance
Risk Management
Asset Management
Maintenance and Repair
Emergency Procedures
Subcontracting
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Indemnification
Limitation of Liability
Termination
Assignment
Change of Control
Dispute Resolution
Governing Law
Notice Requirements
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Competition and Non-Solicitation
Environmental Compliance
Real Estate
Manufacturing
Healthcare
Hospitality
Infrastructure
Energy
Retail
Transportation
Logistics
Facilities Management
Industrial Operations
Data Centers
Renewable Energy
Waste Management
Commercial Property
Operations
Legal
Facilities Management
Risk Management
Compliance
Finance
Asset Management
Property Management
Contract Administration
Business Development
Project Management
Technical Operations
Quality Assurance
Operations Director
Facility Manager
General Manager
Chief Operating Officer
Asset Manager
Property Manager
Operations Manager
Contract Manager
Legal Counsel
Risk Manager
Compliance Officer
Technical Director
Managing Director
Business Development Manager
Project Manager
Financial Controller
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