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Business Management Contract
"I need a Business Management Contract for appointing an external management firm to oversee our Auckland-based retail chain's operations starting March 2025, with specific focus on performance metrics and profit-sharing arrangements."
1. Parties: Identifies and defines all parties to the agreement, including the business entity and the management service provider
2. Background: Explains the context of the agreement and why the parties are entering into it
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Term: Specifies the appointment of the manager/management company and the duration of the agreement
5. Scope of Services: Details the management services to be provided and key responsibilities
6. Authority and Limitations: Defines the manager's decision-making authority and any limitations
7. Fees and Payment Terms: Specifies management fees, payment schedule, and related financial terms
8. Obligations of the Manager: Lists specific duties, responsibilities, and standards of performance required
9. Obligations of the Business: Outlines what the business must provide or do to enable the manager to perform their duties
10. Reporting Requirements: Details the reporting obligations, including frequency and type of reports
11. Confidentiality: Protects confidential information of both parties
12. Intellectual Property: Addresses ownership and use of intellectual property
13. Termination: Specifies how and when the agreement can be terminated
14. Post-Termination Obligations: Outlines obligations and procedures following termination
15. General Provisions: Includes standard clauses like notices, governing law, and dispute resolution
1. Performance Metrics: Used when specific performance targets or KPIs need to be measured and monitored
2. Incentive Compensation: Include when performance-based bonuses or incentives are part of the compensation structure
3. Staff Management: Required when the manager has authority over existing staff or can hire/fire employees
4. Insurance Requirements: Include when specific insurance coverage needs to be maintained by either party
5. Change Control: Used for contracts where scope or services may need formal processes for modification
6. Force Majeure: Important for long-term contracts or when services are susceptible to external disruptions
7. Non-Compete Provisions: Include when protecting against competition is crucial
8. Succession Planning: Required for long-term contracts or when continuity is critical
9. Environmental Compliance: Include when management responsibilities involve environmental considerations
1. Schedule 1: Detailed Services Description: Comprehensive list and description of all management services to be provided
2. Schedule 2: Fee Structure: Detailed breakdown of all fees, charges, and payment terms
3. Schedule 3: Key Personnel: Lists key individuals involved in providing the management services
4. Schedule 4: Performance Criteria: Detailed metrics and KPIs for measuring management performance
5. Schedule 5: Reporting Templates: Standard formats for required reports and documentation
6. Schedule 6: Operating Procedures: Specific procedures and protocols to be followed in management activities
7. Appendix A: Required Qualifications: Minimum qualifications and certifications required for key personnel
8. Appendix B: Compliance Checklist: List of regulatory and compliance requirements to be maintained
Authors
Applicable Laws
Business
Business Day
Business Hours
Board
Commencement Date
Confidential Information
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Management Fee
Management Services
Manager
Material Breach
Notice
Operating Procedures
Performance Metrics
Personnel
Professional Standards
Related Companies
Renewal Term
Reports
Representatives
Service Level Requirements
Service Provider
Specified Personnel
Strategic Plan
Subsidiary
Term
Territory
Third Party
Working Hours
Term and Renewal
Scope of Services
Authority Levels
Management Responsibilities
Performance Standards
Reporting Requirements
Fees and Payment
Key Personnel
Confidentiality
Intellectual Property
Data Protection
Non-Competition
Non-Solicitation
Health and Safety
Insurance
Indemnification
Limitation of Liability
Force Majeure
Termination
Post-Termination Obligations
Assignment and Subcontracting
Compliance with Laws
Dispute Resolution
Governing Law
Notices
Amendment and Variation
Entire Agreement
Severability
Warranties and Representations
Record Keeping
Audit Rights
Business Continuity
Risk Management
Change Control
Professional Services
Manufacturing
Retail
Hospitality
Technology
Healthcare
Education
Construction
Real Estate
Financial Services
Agriculture
Tourism
Transport and Logistics
Mining and Resources
Legal
Executive Leadership
Operations
Human Resources
Finance
Compliance
Risk Management
Corporate Governance
Business Development
Administrative Support
Procurement
Contract Management
Chief Executive Officer
Managing Director
General Manager
Operations Manager
Business Development Manager
Project Manager
Management Consultant
Corporate Lawyer
Legal Counsel
Finance Director
Human Resources Director
Board Member
Company Secretary
Contract Administrator
Risk Manager
Compliance Officer
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