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Commercial Management Agreement Template for India

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Key Requirements PROMPT example:

Commercial Management Agreement

"I need a Commercial Management Agreement for my retail property management company to manage a chain of shopping centers in Mumbai, with service commencement from March 1, 2025, including specific provisions for tenant management and marketing services."

Document background
The Commercial Management Agreement is essential for businesses in India seeking to outsource or formalize their management functions to professional service providers. This document is particularly relevant in scenarios where specialized management expertise is required for operating facilities, properties, or business operations. The agreement, governed by Indian law including the Indian Contract Act 1872 and Companies Act 2013, typically includes detailed provisions for service scope, performance metrics, fee structures, and operational guidelines. It's commonly used in various sectors including real estate, facilities management, and commercial operations, where professional management services are crucial for efficient operations and compliance with local regulations. The Commercial Management Agreement serves as a vital tool for establishing clear accountability, risk allocation, and performance expectations between the parties involved.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the agreement, including brief description of the parties' businesses and purpose of the arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment of the manager and detailed scope of management services

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Manager's Obligations: Detailed responsibilities and duties of the manager

7. Client's Obligations: Responsibilities and duties of the client

8. Fees and Payment Terms: Management fees, payment schedule, expenses, and related financial terms

9. Performance Standards: Expected service levels and performance metrics

10. Intellectual Property Rights: Ownership and usage rights of intellectual property

11. Confidentiality: Protection and handling of confidential information

12. Liability and Indemnification: Limitation of liability and mutual indemnification provisions

13. Force Majeure: Provisions for unforeseen circumstances affecting performance

14. Dispute Resolution: Process for resolving disputes between parties

15. Governing Law: Applicable law and jurisdiction

16. General Provisions: Standard boilerplate clauses including notices, amendments, assignment, etc.

Optional Sections

1. Non-Compete: Restrictions on competitive activities, used when the manager might have access to sensitive business information

2. Insurance: Insurance requirements, included when specific coverage is needed for the services

3. Data Protection: Specific provisions for handling personal data, required when personal data processing is involved

4. Environmental Compliance: Environmental obligations, included for management of properties or facilities

5. Staffing and Employment: Terms regarding employment and staff management, needed when the agreement involves human resource management

6. Emergency Procedures: Procedures for handling emergencies, important for facility or property management

7. Quality Control: Specific quality standards and monitoring procedures, relevant for manufacturing or service quality management

8. Regulatory Compliance: Industry-specific compliance requirements, needed for regulated industries

9. Foreign Exchange: Provisions for foreign currency transactions, required for international agreements

10. Step-In Rights: Rights to take over management in specific circumstances, useful for critical business operations

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of management services to be provided

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, charges, and payment calculations

3. Schedule 3 - Key Performance Indicators: Specific performance metrics and measurement criteria

4. Schedule 4 - Reports and Documentation: List of required reports and their frequency

5. Schedule 5 - Key Personnel: Details of key management team members and their roles

6. Schedule 6 - Operating Procedures: Standard operating procedures and protocols

7. Schedule 7 - Properties/Assets Under Management: List of properties or assets covered under the agreement

8. Schedule 8 - Insurance Requirements: Detailed insurance coverage requirements

9. Appendix A - Forms and Templates: Standard forms and templates for reporting and communications

10. Appendix B - Compliance Checklist: Regulatory and operational compliance requirements

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

Manufacturing

Retail

Healthcare

Information Technology

Infrastructure

Education

Facilities Management

Property Management

Asset Management

Commercial Real Estate

Industrial Operations

Shopping Centers

Business Process Management

Relevant Teams

Legal

Operations

Commercial

Compliance

Risk Management

Facilities Management

Asset Management

Business Development

Contract Administration

Project Management

Property Management

Finance

Human Resources

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Facility Manager

Property Manager

Operations Director

Commercial Director

Business Development Manager

Contract Manager

Legal Counsel

Risk Manager

Compliance Officer

General Manager

Asset Manager

Project Manager

Regional Manager

Management Consultant

Operations Manager

Commercial 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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