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Exclusive Management Agreement
"I need an Exclusive Management Agreement for my property management company to manage a retail shopping center in Cape Town, with the agreement starting from March 1, 2025, including specific provisions for maintenance responsibilities and tenant management."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Appointment and Scope: Terms of the manager's appointment and detailed scope of management services
5. Exclusivity: Terms and extent of the exclusive management rights
6. Duration and Term: Length of the agreement and renewal provisions
7. Manager's Rights and Obligations: Detailed responsibilities and authority of the manager
8. Client's Rights and Obligations: Responsibilities and obligations of the client
9. Fees and Payment Terms: Management fees, payment schedule, and related financial terms
10. Performance Standards: Required service levels and performance metrics
11. Intellectual Property: Ownership and usage rights of intellectual property
12. Confidentiality: Protection and handling of confidential information
13. Termination: Grounds and procedures for termination
14. Post-Termination Obligations: Obligations of parties after agreement termination
15. General Provisions: Standard legal provisions including notices, governing law, etc.
1. Non-Compete: Restrictions on competitive activities - include when protecting market position is crucial
2. Personnel and Staffing: Staff management provisions - include when the agreement involves employee oversight
3. Insurance: Insurance requirements - include when specific coverage is needed for management activities
4. Force Majeure: Provisions for unforeseen circumstances - include when operations are susceptible to external disruptions
5. Dispute Resolution: Detailed dispute handling procedures - include when specific resolution mechanisms are preferred
6. Data Protection: POPIA compliance provisions - include when personal information processing is involved
7. Change Control: Procedures for managing changes - include for complex management relationships
8. Assignment and Subcontracting: Rights to delegate or transfer - include when flexibility in service delivery is needed
1. Schedule 1: Services Description: Detailed breakdown of management services to be provided
2. Schedule 2: Fee Structure: Detailed fee calculations, incentives, and payment terms
3. Schedule 3: Key Performance Indicators: Specific performance metrics and measurement criteria
4. Schedule 4: Approved Personnel: List of key management team members and their roles
5. Schedule 5: Client Assets: Inventory of assets under management
6. Schedule 6: Reporting Requirements: Format and frequency of management reports
7. Appendix A: Power of Attorney: Formal authorization of management powers
8. Appendix B: Compliance Requirements: Specific regulatory and compliance obligations
Authors
Entertainment
Sports Management
Property Management
Asset Management
Hospitality
Real Estate
Investment Management
Talent Management
Facility Management
Event Management
Portfolio Management
Business Management
Artist Management
Retail Management
Legal
Operations
Compliance
Commercial
Business Development
Asset Management
Property Management
Contract Administration
Risk Management
Finance
Executive Management
CEO
Managing Director
Legal Counsel
Business Manager
Property Manager
Asset Manager
Talent Manager
Operations Director
Contract Manager
Compliance Officer
Portfolio Manager
Facility Manager
Business Development Manager
Artist Manager
Sports Manager
Investment Manager
General Counsel
Commercial Director
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