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Intercompany Management Fees Agreement
1. Parties: Identification of the service provider and recipient companies
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of management services to be provided
5. Service Provider's Obligations: Key responsibilities and commitments of the service provider
6. Service Recipient's Obligations: Key responsibilities and commitments of the service recipient
7. Fees and Payment Terms: Management fee calculation methodology, invoicing, and payment terms
8. Transfer Pricing Compliance: Confirmation of arm's length principles and documentation requirements
9. VAT and Taxation: VAT treatment and tax-related obligations
10. Performance Standards: Service levels and quality standards
11. Intellectual Property: Ownership and usage rights of IP in relation to services
12. Confidentiality: Protection of confidential information
13. Term and Termination: Duration of agreement and termination provisions
14. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Data Protection: Required if personal data is processed as part of management services
2. Staff and Resources: Include if specific personnel or resources are dedicated to the services
3. Audit Rights: Optional section giving audit rights to verify service delivery and pricing
4. Insurance: Include if specific insurance requirements are needed
5. Force Majeure: Optional clause for unforeseen circumstances affecting service delivery
6. Non-Competition: Include if restrictions on competitive activities are needed
1. Schedule 1 - Services Description: Detailed list and description of management services
2. Schedule 2 - Fee Schedule: Detailed fee calculation methodology and rates
3. Schedule 3 - Service Levels: Specific performance metrics and standards
4. Schedule 4 - Key Personnel: List of key staff providing services
5. Schedule 5 - Transfer Pricing Methodology: Detailed explanation of pricing approach and compliance
6. Appendix A - Form of Invoice: Standard invoice template
7. Appendix B - Report Templates: Templates for service delivery reports
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