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Non Exclusive Management Agreement
"I need a Non-Exclusive Management Agreement for my tech consulting firm to provide IT management services to multiple clients in Germany, with specific provisions for data protection and remote service delivery, starting from March 2025."
1. Parties: Identification and details of the Principal and the Manager, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the management arrangement
3. Definitions: Key terms used throughout the agreement, ensuring clarity and consistent interpretation
4. Appointment and Scope of Services: Details of the Manager's appointment, non-exclusive nature, and comprehensive description of management services to be provided
5. Manager's Rights and Obligations: Specific duties, responsibilities, reporting requirements, and standard of care expected from the Manager
6. Principal's Rights and Obligations: Principal's responsibilities, including provision of information, cooperation, and support required
7. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and invoicing procedures
8. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination by either party
9. Intellectual Property Rights: Ownership and usage rights of IP created during the management services
10. Confidentiality: Protection of confidential information and trade secrets, including GDPR compliance
11. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
12. General Provisions: Standard clauses including notices, amendments, severability, and governing law
1. Non-Competition: Restrictions on Manager's activities with competitors, used when sensitive market information is involved
2. Data Protection: Detailed GDPR compliance provisions, required when personal data processing is significant
3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements
4. Performance Metrics: Specific KPIs and performance standards, useful for results-based management relationships
5. Dispute Resolution: Alternative dispute resolution procedures, recommended for high-value or complex arrangements
6. Assignment and Subcontracting: Rules for transferring rights or delegating duties, important for larger management arrangements
7. Insurance: Specific insurance requirements, necessary for high-risk management activities
1. Schedule 1 - Scope of Services: Detailed breakdown of management services, deliverables, and specific responsibilities
2. Schedule 2 - Fee Structure: Detailed fee calculations, performance bonuses, and expense categories
3. Schedule 3 - Key Personnel: List of key team members and their roles in providing the management services
4. Schedule 4 - Reporting Requirements: Format, frequency, and content of required management reports
5. Schedule 5 - Service Levels: Specific performance standards and metrics for measuring service quality
6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and procedures
7. Appendix B - Confidential Information: Specific categories of confidential information and handling requirements
Authors
Professional Services
Consulting
Real Estate
Entertainment
Sports
Hospitality
Manufacturing
Technology
Media
Retail
Healthcare
Education
Financial Services
Legal
Operations
Compliance
Finance
Human Resources
Business Development
Risk Management
Project Management
Corporate Governance
Administrative
Chief Executive Officer
Managing Director
Operations Manager
Legal Counsel
Contract Manager
Business Development Manager
Project Manager
Compliance Officer
Risk Manager
Finance Director
Human Resources Director
Department Head
General Manager
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