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Commercial Management Agreement
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
Applicable Laws
Business Day
Company
Commencement Date
Confidential Information
Data Protection Laws
Effective Date
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Management Services
Manager
Notice
Parties
Performance Standards
Quarterly Review
Reports
Service Levels
Service Provider
Service Recipients
Subcontractor
Term
Termination Date
Territory
Working Hours
Year
Change Request
Emergency
Material Breach
Management Fee
Performance Bonus
Relevant Authority
Required Insurance
Service Location
Staff
Term
Scope of Services
Service Provider Obligations
Client Obligations
Key Personnel
Performance Standards
Service Levels
Fees and Payment
Invoicing
Reporting Requirements
Review Meetings
Quality Assurance
Compliance
Staff and Resources
Subcontracting
Intellectual Property
Confidentiality
Data Protection
Record Keeping
Audit Rights
Insurance
Liability
Indemnification
Force Majeure
Termination
Exit Management
Non-Compete
Non-Solicitation
Assignment
Notices
Amendments
Severability
Entire Agreement
Governing Law
Dispute Resolution
Anti-Corruption
Health and Safety
Environmental Compliance
Change Control
Emergency Procedures
Business Continuity
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