Program Management Agreement Template for Nigeria

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Key Requirements PROMPT example:

Program Management Agreement

"I need a Program Management Agreement for an IT infrastructure modernization project in Lagos, Nigeria, where we will be engaging an international program management firm to oversee a three-year digital transformation initiative starting March 2025, with specific emphasis on data protection compliance and local content requirements."

Document background
The Program Management Agreement is essential for organizations in Nigeria seeking to establish a formal framework for managing complex programs or multiple related projects. This document is particularly relevant in contexts where specialized expertise is required to oversee large-scale initiatives, ensuring efficient delivery while maintaining compliance with Nigerian regulations. The agreement typically includes detailed provisions for scope definition, governance structures, performance metrics, risk management, and commercial terms. It addresses key aspects such as local content requirements, data protection, and industry-specific compliance needs under Nigerian law. The document is designed to protect both the program management service provider and the client organization while establishing clear lines of authority, responsibility, and accountability. It's particularly important for international companies operating in Nigeria, as it helps ensure alignment with local legal requirements while maintaining global program management standards.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, registration details, and addresses

2. Background: Context of the agreement, brief description of the parties' business and purpose of the program management arrangement

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Appointment and Scope: Formal appointment of the program manager and detailed scope of services to be provided

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Program Manager's Obligations: Detailed responsibilities and duties of the program manager

7. Client's Obligations: Responsibilities and duties of the client, including provision of information and resources

8. Governance and Reporting: Management structure, reporting requirements, and decision-making processes

9. Fees and Payment Terms: Compensation structure, payment schedule, and related financial terms

10. Performance Standards: Key performance indicators, service levels, and quality standards

11. Intellectual Property Rights: Ownership and usage rights of program-related intellectual property

12. Confidentiality: Protection and handling of confidential information

13. Data Protection: Compliance with Nigerian Data Protection Regulation and data handling procedures

14. Liability and Indemnification: Allocation of risks, limitations of liability, and indemnification obligations

15. Force Majeure: Provisions for handling events beyond parties' reasonable control

16. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. International Operations: Additional provisions for cross-border operations and compliance with international laws, used when the program has international elements

2. Government Contracting: Special provisions for public sector clients, used when the client is a government entity

3. Subcontracting: Terms governing the use of subcontractors, included when subcontracting is anticipated

4. Insurance: Specific insurance requirements and coverage details, used for high-risk programs

5. Security Requirements: Special security measures and protocols, included for programs involving sensitive information or high-security requirements

6. Environmental Compliance: Environmental protection measures, used for programs with environmental impact

7. Local Content: Requirements for local resource utilization, included when specific Nigerian local content rules apply

8. Training and Knowledge Transfer: Provisions for capacity building and knowledge transfer, used when client capability development is part of the scope

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of program management services and deliverables

2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms

3. Schedule 3 - Key Personnel: List of key team members and their roles

4. Schedule 4 - Service Levels: Detailed performance metrics and service level requirements

5. Schedule 5 - Governance Structure: Detailed organizational structure and governance procedures

6. Schedule 6 - Reporting Requirements: Templates and specifications for required reports

7. Schedule 7 - Change Control Procedure: Process for managing changes to scope or requirements

8. Appendix A - Project Timeline: Detailed program schedule and milestones

9. Appendix B - Risk Management Plan: Risk assessment and mitigation strategies

10. Appendix C - Communication Plan: Communication protocols and stakeholder management procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Construction and Infrastructure

Oil and Gas

Financial Services

Healthcare

Education

Public Sector

Manufacturing

Telecommunications

Energy and Utilities

Agriculture

Transportation and Logistics

Relevant Teams

Legal

Operations

Project Management Office

Procurement

Risk and Compliance

Finance

Business Development

Strategy

Technical Services

Implementation

Quality Assurance

Contract Administration

Relevant Roles

Program Director

Project Manager

Chief Operating Officer

Contract Manager

Legal Counsel

Procurement Manager

Operations Director

Risk Manager

Compliance Officer

Technical Director

Finance Director

Portfolio Manager

Business Development Manager

Program Coordinator

Strategy Director

Implementation Manager

Industries
Nigerian Contract Law Act: Fundamental legislation governing the formation, execution, and enforcement of contracts in Nigeria, including essential elements like offer, acceptance, consideration, and capacity to contract
Companies and Allied Matters Act (CAMA) 2020: Regulates the formation and operation of companies in Nigeria, including provisions for business relationships and corporate governance
Labour Act Cap L1 LFN 2004: Governs employment relationships and working conditions in Nigeria, relevant for staffing and personnel management aspects of the program
National Information Technology Development Agency (NITDA) Act 2007: Regulates information technology practices and digital projects, particularly relevant if the program involves IT components
Nigerian Data Protection Regulation (NDPR): Governs the collection, processing, and storage of personal data, crucial for program management involving personal information
Federal Competition and Consumer Protection Act 2018: Ensures fair business practices and protects consumer interests, relevant for program delivery and service standards
Taxes and Levies (Approved List for Collection) Act: Outlines applicable taxes and levies that may affect the program management services and financial arrangements
Public Procurement Act 2007: Relevant if the program involves public sector clients or government contracts, establishing procurement standards and procedures
National Office for Technology Acquisition and Promotion (NOTAP) Act: Regulates transfer of foreign technology and technical expertise, relevant for international program management relationships
Industrial Training Fund Act: Relevant for training and development aspects of program management, particularly if the program includes capacity building components
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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