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Commercial Management Agreement
"I need a Commercial Management Agreement for my retail shopping mall in Lahore, where a professional management company will handle all operations, maintenance, and tenant relationships starting from March 2025, with strict performance metrics and quarterly reviews."
1. Parties: Identification and details of the contracting parties - the company/owner and the management service provider
2. Background: Context of the agreement, brief description of the business, and purpose of the management arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of the manager and detailed scope of management services to be provided
5. Term and Renewal: Duration of the agreement and conditions for renewal or extension
6. Manager's Rights and Obligations: Comprehensive list of rights, responsibilities, and duties of the management company
7. Company's Rights and Obligations: Rights and obligations of the company/owner, including provision of information and resources
8. Management Fees and Expenses: Fee structure, payment terms, reimbursable expenses, and invoicing procedures
9. Performance Standards: Key performance indicators, service levels, and quality standards
10. Reporting Requirements: Regular reporting obligations, financial statements, and performance reports
11. Intellectual Property Rights: Ownership and usage rights of intellectual property
12. Confidentiality: Protection and handling of confidential information
13. Limitation of Liability: Extent and limitations of manager's liability
14. Termination: Grounds for termination, notice periods, and consequences of termination
15. Post-Termination Obligations: Obligations of parties after termination, including handover requirements
16. Force Majeure: Provisions for unforeseen circumstances and their impact on obligations
17. Notices: Process and requirements for formal communications between parties
18. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction details
19. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability
1. Non-Competition: Restrictions on manager's involvement with competing businesses - include when management has access to sensitive competitive information
2. Employee Matters: Provisions regarding employment and transfer of employees - include when management involves significant HR responsibilities
3. Insurance: Insurance requirements and obligations - include when specific insurance coverage is crucial for the services
4. Compliance with Laws: Specific compliance obligations - include when operating in heavily regulated industries
5. Emergency Powers: Special powers during emergencies - include when managing critical infrastructure or essential services
6. Subcontracting: Rights and conditions for subcontracting - include when subcontracting is likely
7. Environmental Compliance: Environmental obligations - include when managing properties or operations with environmental impact
8. Islamic Finance Compliance: Shariah compliance provisions - include when relevant to the business or parties
1. Schedule 1 - Scope of Services: Detailed breakdown of management services to be provided
2. Schedule 2 - Fee Structure: Detailed fee calculations, incentive mechanisms, and payment terms
3. Schedule 3 - Key Performance Indicators: Specific performance metrics and measurement criteria
4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports
5. Schedule 5 - Key Personnel: List of key management personnel and their roles
6. Schedule 6 - Operating Procedures: Detailed operational procedures and protocols
7. Schedule 7 - Assets and Facilities: List of assets, facilities, or properties under management
8. Appendix A - Power of Attorney: Format of power of attorney if required for management functions
9. Appendix B - Service Level Agreement: Detailed service levels and performance standards
Authors
Real Estate
Hospitality
Retail
Commercial Property
Facility Management
Asset Management
Healthcare
Education
Manufacturing
Logistics
Shopping Centers
Office Buildings
Industrial Parks
Tourism
Infrastructure
Legal
Operations
Commercial
Facilities Management
Asset Management
Risk & Compliance
Contract Administration
Business Development
Property Management
Project Management
Chief Executive Officer
Managing Director
Operations Director
Facility Manager
Property Manager
Asset Manager
Commercial Director
Legal Counsel
Contract Manager
Business Development Manager
General Manager
Operations Manager
Project Manager
Risk Manager
Compliance Officer
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