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Operating Management Agreement
"I need an Operating Management Agreement for a newly built shopping mall in Hong Kong, where a professional property management company will handle all operations, maintenance, and tenant management starting from March 2025, with specific provisions for retail space management and customer safety."
1. Parties: Identification of the owner/principal and the operator/manager
2. Background: Context of the agreement, description of the business/property to be managed
3. Definitions: Defined terms used throughout the agreement
4. Appointment and Scope: Formal appointment of the operator and scope of management services
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Operator's Rights and Obligations: Detailed responsibilities and authority of the operator
7. Owner's Rights and Obligations: Responsibilities and obligations of the owner/principal
8. Personnel and Staffing: Requirements for staffing, key personnel, and employment matters
9. Financial Arrangements: Management fees, expenses, budgets, and financial reporting
10. Operating Standards: Performance standards and quality requirements
11. Reporting and Records: Requirements for operational and financial reporting
12. Insurance and Indemnification: Insurance requirements and allocation of risks
13. Intellectual Property: Rights and restrictions regarding IP usage
14. Confidentiality: Protection of confidential information
15. Termination: Grounds for termination and consequences
16. Dispute Resolution: Process for resolving disputes
17. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Non-Competition: Restrictions on operator's competing activities, used when operator manages similar businesses
2. Emergency Services: Special provisions for emergency situations, important for critical facilities
3. Environmental Compliance: Specific environmental obligations, used for properties with environmental impact
4. Asset Management: Detailed provisions for managing physical assets, used for property management
5. Marketing and Promotion: Requirements for marketing activities, relevant for customer-facing operations
6. Technology Systems: Provisions regarding IT systems and data management, important for tech-dependent operations
7. Force Majeure: Provisions for unforeseeable circumstances, particularly relevant post-COVID
8. Change of Control: Provisions dealing with ownership changes of either party
1. Services Schedule: Detailed description of management services to be provided
2. Fee Schedule: Detailed breakdown of management fees and payment terms
3. Performance Standards: Specific KPIs and performance metrics
4. Property/Asset Schedule: Details of properties/assets under management
5. Required Insurance: Specific insurance types and coverage requirements
6. Operating Procedures: Standard operating procedures and protocols
7. Key Personnel: List of key management positions and requirements
8. Form of Reports: Templates for required operational and financial reports
9. Emergency Procedures: Protocols for handling emergency situations
10. Handover Procedures: Procedures for transition at termination
Authors
Real Estate
Hospitality
Healthcare
Retail
Commercial Property
Industrial Facilities
Education
Sports and Recreation
Entertainment Venues
Shopping Centers
Office Buildings
Residential Complexes
Data Centers
Logistics Facilities
Manufacturing Plants
Legal
Operations
Facilities Management
Asset Management
Risk and Compliance
Finance
Human Resources
Property Management
Business Development
Contract Management
Project Management
Chief Executive Officer
Chief Operating Officer
Operations Director
Facility Manager
Property Manager
General Manager
Operations Manager
Asset Manager
Legal Counsel
Contract Manager
Risk Manager
Compliance Officer
Financial Controller
Human Resources Director
Business Development Manager
Project Manager
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