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Commercial Management Agreement Template for Netherlands

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Key Requirements PROMPT example:

Commercial Management Agreement

"I need a Commercial Management Agreement for our Dutch tech startup to engage an external management company to handle our European expansion, including specific provisions for multi-jurisdiction operations and data protection compliance, with services to commence March 1, 2025."

Document background
This Commercial Management Agreement is designed for use in the Netherlands when a company seeks to engage external management services under Dutch law. It is particularly suitable when organizations require professional management expertise without establishing direct employment relationships. The agreement comprehensively addresses key aspects such as service scope, performance metrics, compensation structures, and governance requirements while ensuring compliance with Dutch corporate and commercial law. This document is essential for protecting both parties' interests and establishing clear parameters for the management relationship, including reporting structures, decision-making authority, and risk allocation. It incorporates specific provisions required under Dutch law regarding management responsibilities and corporate governance, making it suitable for both domestic and international business arrangements within the Dutch jurisdiction.
Suggested Sections

1. Parties: Identification of the contracting parties - the company and the management service provider

2. Background: Context of the agreement and brief description of the business relationship

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

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

5. Duration and Term: Period of the agreement, including start date and renewal terms

6. Management Duties and Responsibilities: Detailed description of the manager's duties, authority levels, and responsibilities

7. Performance Standards: Required standards of performance and quality expectations

8. Compensation and Payment Terms: Management fees, payment schedule, and any performance-based compensation

9. Reporting and Accountability: Reporting requirements, frequency, and accountability measures

10. Confidentiality: Protection of confidential information and trade secrets

11. Intellectual Property: Ownership and rights regarding IP created during the management services

12. Non-Competition and Non-Solicitation: Restrictions on competitive activities and solicitation of employees/clients

13. Termination: Grounds for termination, notice periods, and consequences of termination

14. Liability and Indemnification: Extent of liability and indemnification obligations

15. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for dispute resolution

16. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Insurance Requirements: Specific insurance coverage requirements - include when the management services involve significant operational risks

2. Data Protection: GDPR compliance obligations - include when personal data processing is involved

3. Force Majeure: Provisions for unforeseen circumstances - include when services are susceptible to external disruptions

4. Anti-Corruption Compliance: Anti-corruption and compliance requirements - include for international operations or public sector involvement

5. Environmental Compliance: Environmental standards and obligations - include when management services involve environmental impacts

6. Key Personnel: Identification and replacement of key personnel - include when specific individuals are crucial to service delivery

7. Dispute Resolution: Detailed dispute resolution procedures - include when parties prefer alternative dispute resolution methods

8. Service Level Agreement: Specific performance metrics and standards - include when quantitative performance measurement is required

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of management services and deliverables

2. Schedule 2 - Fee Structure: Detailed breakdown of management fees, including any variable components

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

4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports

5. Schedule 5 - Authorized Representatives: List of authorized representatives and their authority levels

6. Schedule 6 - Company Policies: Relevant company policies that the manager must comply with

7. Appendix A - Power of Attorney: If applicable, specific powers granted to the manager

8. Appendix B - Insurance Requirements: Detailed insurance coverage requirements and minimum limits

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

Professional Services

Manufacturing

Retail

Technology

Real Estate

Hospitality

Healthcare

Financial Services

Construction

Energy

Transportation and Logistics

Media and Entertainment

Education

Agriculture

Telecommunications

Relevant Teams

Legal

Operations

Executive Leadership

Procurement

Risk and Compliance

Human Resources

Finance

Commercial

Business Development

Project Management

Corporate Governance

Administrative

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Managing Director

General Counsel

Legal Director

Commercial Director

Operations Manager

Contract Manager

Procurement Manager

Risk Manager

Compliance Officer

Human Resources Director

Business Development Manager

Project Manager

Management Consultant

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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