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Management Operating Agreement
"I need a Management Operating Agreement for my shopping mall in Kuala Lumpur, where a professional property management company will handle all operations and tenant management starting March 2025, with specific provisions for retail space management and customer safety protocols."
1. Parties: Identification of the property owner/company and the management operator, including their full legal names and registered addresses
2. Background: Context of the agreement, including brief description of the business and purpose of the management arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Appointment and Term: Scope of operator's appointment, duration of the agreement, and renewal terms
5. Operator's Rights and Obligations: Comprehensive list of responsibilities, authority levels, and operational duties of the operator
6. Owner's Rights and Obligations: Owner's responsibilities, including provision of resources and extent of oversight
7. Financial Arrangements: Management fees, payment terms, expense allocations, and financial reporting requirements
8. Operating Standards: Required performance standards, quality metrics, and compliance requirements
9. Reporting and Records: Required reports, frequency of reporting, and record-keeping obligations
10. Staff and Employment: Management of employees, hiring policies, and employment responsibilities
11. Termination: Grounds for termination, notice requirements, and consequences of termination
12. Confidentiality: Protection of confidential information and trade secrets
13. Governing Law and Dispute Resolution: Application of Malaysian law and dispute resolution procedures
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Intellectual Property Rights: Required when specific IP assets are involved in the management arrangement
2. Insurance and Indemnification: Detailed insurance requirements and indemnification provisions when specific risk allocation is needed
3. Force Majeure: Provisions for unforeseen circumstances affecting performance, particularly relevant in high-risk industries
4. Non-Competition: Restrictions on operator's competing activities, if required by the business context
5. Environmental Compliance: Required for industries with significant environmental impact or regulations
6. Emergency Procedures: Necessary for operations requiring specific emergency response protocols
7. Technology and Systems: When specific technology or systems are crucial to the management services
1. Schedule 1 - Property Details: Detailed description of the property or business assets under management
2. Schedule 2 - Services Scope: Detailed breakdown of management services to be provided
3. Schedule 3 - Fee Structure: Detailed breakdown of management fees, incentives, and payment calculations
4. Schedule 4 - Performance Metrics: Specific KPIs and performance standards
5. Schedule 5 - Required Reports: Templates and specifications for required operational reports
6. Schedule 6 - Operating Procedures: Detailed operational procedures and standards
7. Schedule 7 - Employee Positions: Key positions and their job descriptions
8. Appendix A - Insurance Requirements: Detailed insurance coverage requirements and minimum limits
9. Appendix B - Form of Annual Budget: Template and guidelines for annual budget preparation
Authors
Real Estate
Hospitality
Manufacturing
Healthcare
Retail
Commercial Property
Industrial Facilities
Education
Senior Living
Shopping Centers
Office Buildings
Residential Complexes
Hotels and Resorts
Industrial Parks
Legal
Operations
Facility Management
Asset Management
Risk and Compliance
Finance
Business Development
Property Management
Contract Administration
Senior Management
Chief Executive Officer
Chief Operating Officer
Facility Manager
Operations Director
Property Manager
Asset Manager
General Manager
Legal Counsel
Contract Manager
Operations Manager
Business Development Director
Risk Manager
Compliance Officer
Financial Controller
Regional Manager
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