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Managing Agent Contract
"I need a Managing Agent Contract for appointing an agent to manage our commercial property portfolio in Hong Kong, with specific provisions for handling tenant relationships and maintenance services, starting from March 2025."
1. Parties: Identifies and provides full details of the principal and the managing agent
2. Background: Contextualizes the agreement, including the principal's business and need for a managing agent
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Term: Establishes the formal appointment of the managing agent and duration of the agreement
5. Scope of Services: Details the core services to be provided by the managing agent
6. Authority of the Agent: Defines the extent and limitations of the agent's authority to act on behalf of the principal
7. Duties and Responsibilities: Outlines the specific obligations of the managing agent
8. Principal's Obligations: Details the responsibilities and obligations of the principal
9. Fees and Payment Terms: Specifies the compensation structure, payment schedule, and reimbursable expenses
10. Reporting Requirements: Establishes the frequency and content of reports to be provided to the principal
11. Confidentiality: Addresses the handling and protection of confidential information
12. Data Protection: Ensures compliance with Hong Kong's Personal Data (Privacy) Ordinance
13. Liability and Indemnification: Sets out the liability framework and indemnification obligations
14. Insurance: Specifies required insurance coverage
15. Termination: Details the circumstances and procedures for ending the agreement
16. Post-Termination Obligations: Outlines obligations that survive termination
17. General Provisions: Contains standard boilerplate clauses including governing law, notices, etc.
1. Regulatory Compliance: Required when the agent's services involve regulated activities (e.g., real estate, financial services)
2. Intellectual Property: Needed when the agent will create or use intellectual property in providing services
3. Non-Competition: Include when protecting against competitive activities is important
4. Anti-Corruption Compliance: Required for agents dealing with public entities or high-risk jurisdictions
5. Force Majeure: Important when service continuity could be affected by external events
6. Dispute Resolution: Include specific dispute resolution procedures when standard litigation is not preferred
7. Sub-Contracting: Required when the agent may need to engage sub-contractors
8. Service Level Agreement: Include when specific performance metrics need to be maintained
1. Schedule 1 - Services Description: Detailed breakdown of all services to be provided by the managing agent
2. Schedule 2 - Fee Schedule: Comprehensive breakdown of fees, charges, and payment terms
3. Schedule 3 - Key Performance Indicators: Specific metrics and standards for measuring agent's performance
4. Schedule 4 - Reporting Templates: Standard formats for required reports and documentation
5. Schedule 5 - Contact Details: Key contact persons and communication protocols
6. Schedule 6 - Insurance Requirements: Detailed insurance requirements including types and coverage amounts
7. Appendix A - Power of Attorney: If required, formal authorization of agent's powers
8. Appendix B - Compliance Procedures: Detailed procedures for regulatory compliance
Authors
Applicable Laws
Appointed Date
Authorized Representative
Business Day
Commencement Date
Confidential Information
Effective Date
Engagement
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Performance Indicators
Management Services
Material Breach
Notice
Parties
Personal Data
Principal
Principal's Property
Records
Regulatory Requirements
Related Company
Relevant Authority
Reports
Services
Service Level Requirements
Sub-Agent
Term
Territory
Third Party
Working Hours
Agency Authority
Scope of Services
Term and Duration
Fees and Expenses
Payment Terms
Duties and Responsibilities
Service Standards
Reporting Requirements
Performance Metrics
Representations and Warranties
Compliance
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Insurance
Liability
Indemnification
Force Majeure
Termination
Consequences of Termination
Assignment
Sub-Contracting
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Third Party Rights
Counterparts
Costs and Expenses
Anti-Corruption
Record Keeping
Audit Rights
Real Estate and Property Management
Financial Services
Asset Management
Retail
Hospitality
Manufacturing
Trading and Distribution
Professional Services
Facilities Management
Commercial Property
Entertainment and Events
Import/Export
Legal
Operations
Compliance
Risk Management
Commercial
Business Development
Property Management
Asset Management
Finance
Administration
Corporate Secretarial
Procurement
Chief Executive Officer
Managing Director
Operations Director
Property Manager
Facility Manager
Asset Manager
Legal Counsel
Compliance Officer
Contract Manager
Business Development Manager
Regional Manager
General Manager
Company Secretary
Risk Manager
Commercial Director
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