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Management Operating Agreement
"I need a Management Operating Agreement for a chain of three hotels in Lagos, Nigeria, where an international hotel management company will take over operations from March 2025, with special emphasis on staff retention and brand standards compliance."
1. Parties: Identification of the parties entering into the agreement, including the owner/company and the management operator
2. Background: Context of the agreement, including brief description of the business and purpose of the management arrangement
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Appointment and Term: Scope of operator's appointment, duration of the agreement, and any renewal terms
5. Management Services: Detailed description of services to be provided by the operator
6. Operator's Rights and Obligations: Specific responsibilities and authority granted to the operator
7. Owner's Rights and Obligations: Responsibilities and obligations of the owner/company
8. Financial Arrangements: Management fees, payment terms, expenses, and financial reporting requirements
9. Personnel and Employment: Staffing arrangements, employment responsibilities, and related matters
10. Reporting and Performance Standards: Required reports, performance metrics, and quality standards
11. Intellectual Property Rights: Ownership and usage rights of intellectual property
12. Confidentiality: Protection of confidential information and trade secrets
13. Termination: Grounds for termination, termination process, and consequences
14. Post-Termination Obligations: Obligations of parties after termination including handover requirements
15. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
16. Dispute Resolution: Process for resolving disputes including mediation and arbitration
17. Governing Law: Specification of Nigerian law as governing law and jurisdiction
18. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Non-Competition: Restrictions on operator's ability to compete, used when protecting market position is crucial
2. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in volatile markets
3. Insurance: Detailed insurance requirements, used when specific coverage needs to be mandated
4. Environmental Compliance: Environmental obligations and compliance requirements, crucial for industries with environmental impact
5. Local Content Requirements: Provisions ensuring compliance with Nigerian local content laws, relevant for certain industries
6. Currency and Exchange Rate: Provisions dealing with currency fluctuations, relevant for international operators
7. Asset Management: Specific provisions for management of physical assets, relevant for asset-heavy operations
8. Emergency Procedures: Protocols for emergency situations, important for high-risk operations
1. Schedule 1 - Services Description: Detailed breakdown of management services to be provided
2. Schedule 2 - Fee Structure: Detailed calculation of management fees, incentives, and payment terms
3. Schedule 3 - Key Performance Indicators: Specific performance metrics and targets
4. Schedule 4 - Required Reports: List and format of required operational and financial reports
5. Schedule 5 - Key Personnel: Identification of key management positions and initial appointees
6. Schedule 6 - Operating Procedures: Detailed operational procedures and standards
7. Schedule 7 - Assets Register: List of assets under management
8. Appendix A - Power of Attorney: If required, detailed scope of operator's authority to act on owner's behalf
9. Appendix B - Insurance Requirements: Detailed insurance coverage requirements and minimum limits
10. Appendix C - Compliance Requirements: Specific regulatory and compliance requirements applicable to the operation
Authors
Applicable Laws
Appointed Date
Approved Budget
Assets
Business
Business Day
Business Plan
Change of Control
Commencement Date
Confidential Information
Contract Year
Control
Effective Date
Emergency
Encumbrance
Event of Default
Expiry Date
Facility
Financial Year
Force Majeure Event
Good Industry Practice
Governing Law
Gross Operating Profit
Group
Initial Term
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Management Fee
Management Services
Material Adverse Effect
Net Operating Profit
Operating Account
Operating Expenses
Operating Standards
Operator
Operator Default
Owner
Owner Default
Parties
Performance Standards
Permitted Purpose
Personnel
Premises
Proprietary Information
Quarter
Related Party
Renewal Term
Reports
Revenue
Services
Subsidiary
Term
Termination Date
Territory
Third Party
Working Capital
Term and Renewal
Management Services
Authority and Limitations
Performance Standards
Financial Management
Fees and Payments
Operating Procedures
Reporting Requirements
Personnel Management
Asset Management
Maintenance and Repairs
Quality Control
Compliance
Insurance
Intellectual Property
Confidentiality
Non-Competition
Data Protection
Force Majeure
Termination
Assignment
Change of Control
Liability and Indemnification
Dispute Resolution
Governing Law
Notices
Amendments
Entire Agreement
Severability
Waiver
Third Party Rights
Counterparts
Health and Safety
Environmental Compliance
Anti-Corruption
Local Content
Record Keeping
Audit Rights
Emergency Procedures
Risk Management
Business Planning
Budgeting
Capital Expenditure
Staff Training
Technology Usage
Brand Standards
Customer Service
Security
Hotels and Hospitality
Manufacturing
Oil and Gas
Mining and Natural Resources
Real Estate
Healthcare Facilities
Educational Institutions
Retail Operations
Agricultural Operations
Infrastructure and Utilities
Transportation and Logistics
Industrial Facilities
Commercial Properties
Entertainment Venues
Legal
Operations
Finance
Compliance
Risk Management
Commercial
Business Development
Asset Management
Human Resources
Procurement
Chief Executive Officer
Managing Director
Operations Director
Chief Financial Officer
General Counsel
General Manager
Facility Manager
Operations Manager
Contract Manager
Legal Director
Commercial Director
Risk Manager
Compliance Officer
Business Development Director
Asset Manager
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