Non Exclusive Management Agreement Template for Netherlands

The Non-Exclusive Management Agreement is essential for businesses operating under Dutch law that seek to engage external management expertise while maintaining flexibility in their service provider relationships. This document is particularly relevant when companies require specialized management services but want to avoid exclusive commitments. The agreement comprehensively addresses the scope of management services, compensation structures, performance metrics, and reporting requirements, while explicitly preserving both parties' rights to engage with other business partners. It ensures compliance with Dutch Civil Code requirements, particularly regarding service agreements (overeenkomst van opdracht) and commercial relationships. The non-exclusive nature makes it especially suitable for growing businesses, project-based management needs, or situations requiring specialized expertise on a non-monopolistic basis.

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

2. Background: Context of the agreement, brief description of the parties' business activities and their intention to enter into a management relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of the manager's appointment, explicit mention of non-exclusive nature, and detailed scope of management services

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

6. Manager's Obligations: Detailed responsibilities, service standards, reporting requirements, and duty of care

7. Client's Obligations: Client's responsibilities, including provision of information, cooperation, and access requirements

8. Fees and Payment: Compensation structure, payment terms, expenses, and invoicing procedures

9. Non-Exclusivity Provisions: Explicit terms regarding the non-exclusive nature and rights of both parties to engage with others

10. Confidentiality: Protection of confidential information and trade secrets

11. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

12. General Provisions: Standard clauses including notices, amendments, entire agreement, severability, and governing law