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Operating Management Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Operating Management Agreement is a crucial document used when a business or property owner wishes to delegate operational management responsibilities to a professional management company or operator while retaining ownership. Common in Hong Kong's dynamic business environment, this agreement type is particularly relevant for properties, facilities, and businesses requiring specialized operational expertise. The document comprehensively outlines management scope, performance standards, financial terms, and compliance requirements under Hong Kong law. It addresses key aspects such as staff management, operational procedures, financial reporting, and risk allocation, while ensuring compliance with Hong Kong's regulatory framework, including the Companies Ordinance, Employment Ordinance, and industry-specific regulations. The agreement is structured to protect both parties' interests while facilitating efficient business operations.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






















































Clauses












































Relevant Industries

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

Relevant Teams

Legal

Operations

Facilities Management

Asset Management

Risk and Compliance

Finance

Human Resources

Property Management

Business Development

Contract Management

Project Management

Relevant Roles

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

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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