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Assignment Of Management Agreement
"I need an Assignment of Management Agreement under Hong Kong law to transfer management services for a portfolio of three commercial buildings from ABC Management Limited to XYZ Property Services, with the transition to be completed by March 1, 2025, including provisions for the transfer of 25 operational staff."
1. Parties: Identifies the Assignor (current manager), Assignee (new manager), and Client (property owner/management company)
2. Background: Recitals explaining the original management agreement, the intent to assign, and confirmation of client consent
3. Definitions: Defines key terms including Original Agreement, Effective Date, Assigned Rights, and other relevant terms
4. Assignment: Core clause detailing the assignment of rights and obligations from Assignor to Assignee
5. Effective Date and Conditions Precedent: Specifies when the assignment takes effect and any conditions that must be met
6. Assignor's Obligations: Details the Assignor's continuing obligations and warranties regarding the agreement being assigned
7. Assignee's Obligations: Specifies the Assignee's undertakings to perform the management services and comply with the original agreement
8. Client Acknowledgment: Confirmation of the Client's consent and any specific requirements or conditions
9. Handover and Transition: Procedures for transferring responsibilities, documents, and operational control
10. Representations and Warranties: Standard representations from all parties regarding authority and capacity to enter into the assignment
11. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
12. Execution: Signature blocks for all parties
1. Employee Transfer: Required when the assignment involves transfer of employees from Assignor to Assignee
2. Intellectual Property: Needed when specific IP rights are involved in the management services
3. Data Protection: Required when personal data processing is a significant aspect of the management services
4. Non-Competition: Optional restrictions on the Assignor's future activities
5. Outstanding Fees: Required when there are provisions for handling accrued but unpaid management fees
6. Third Party Consents: Required when additional third party approvals are needed beyond the main parties
7. Insurance: Required when specific insurance arrangements need to be transferred or maintained
1. Original Management Agreement: Copy of the management agreement being assigned
2. Property Details: Description of the property/properties covered by the management agreement
3. Assigned Contracts: List of third-party contracts being assigned or novated
4. Employee Information: Details of any employees being transferred (if applicable)
5. Handover Checklist: List of documents, keys, permits, and other items to be transferred
6. Outstanding Matters: List of ongoing projects, disputes, or matters requiring attention
7. Client Consent: Formal written consent from the Client authorizing the assignment
Authors
Real Estate
Property Management
Facilities Management
Commercial Property
Residential Property
Retail Property
Industrial Property
Hospitality
Mixed-use Development
Shopping Centers
Office Buildings
Legal
Operations
Property Management
Facilities Management
Compliance
Risk Management
Asset Management
Business Development
Property Services
Contract Administration
Human Resources
Property Manager
Facility Manager
Operations Director
Legal Counsel
Contract Manager
Business Development Manager
Asset Manager
Property Services Director
Compliance Officer
Risk Manager
Real Estate Manager
General Manager
Managing Director
Chief Operating Officer
Building Manager
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