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Third Party Management Agreement
"I need a Third Party Management Agreement for outsourcing our office building's facilities management services in Hong Kong to ABC Facilities Ltd, starting March 2025, with strict sustainability requirements and quarterly performance reviews."
1. Parties: Identification of the principal company and the third-party manager, including registration details
2. Background: Context of the agreement, business rationale, and relationship overview
3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules
4. Appointment and Scope: Formal appointment of the manager and detailed scope of services
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Manager's Obligations: Detailed responsibilities, service standards, and performance requirements
7. Principal's Obligations: Support, access, and resources to be provided by the principal
8. Fees and Payment: Fee structure, payment terms, expenses, and invoicing procedures
9. Performance Monitoring: KPIs, reporting requirements, and review mechanisms
10. Compliance and Regulations: Regulatory compliance requirements and relevant standards
11. Data Protection and Confidentiality: Data handling obligations and confidentiality requirements
12. Intellectual Property: Ownership and usage rights of IP created or used during service provision
13. Liability and Indemnities: Risk allocation, limitation of liability, and indemnification provisions
14. Termination: Termination rights, grounds, and procedures
15. Post-Termination Obligations: Transition arrangements and ongoing obligations after termination
16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Staff and Employment: Required when the manager will be handling staff or employment matters
2. Insurance: Detailed insurance requirements when specific coverage needs to be mandated
3. Force Majeure: Specific force majeure provisions when needed for high-risk or critical services
4. Anti-Corruption Compliance: Detailed anti-corruption provisions for high-risk industries or government-related services
5. Environmental Compliance: Required when services involve environmental impacts or risks
6. Change Control: Formal change management procedures for complex or long-term arrangements
7. Business Continuity: Required for critical services or regulated industries
8. Audit Rights: Detailed audit provisions for regulated industries or critical services
1. Schedule 1 - Services Description: Detailed description of management services and deliverables
2. Schedule 2 - Service Levels and KPIs: Specific performance metrics and service level requirements
3. Schedule 3 - Fee Schedule: Detailed fee structure, calculations, and payment terms
4. Schedule 4 - Governance and Reporting: Management structure, meeting requirements, and reporting templates
5. Schedule 5 - Key Personnel: Details of key staff and their roles
6. Schedule 6 - Compliance Requirements: Specific regulatory and compliance obligations
7. Appendix A - Form of Reports: Templates for required operational and performance reports
8. Appendix B - Emergency Contact Protocol: Emergency procedures and contact information
Authors
Financial Services
Real Estate
Manufacturing
Retail
Technology
Healthcare
Logistics
Hospitality
Professional Services
Education
Telecommunications
Legal
Operations
Procurement
Compliance
Risk Management
Finance
Commercial
Business Development
Facilities Management
Project Management
Chief Operating Officer
Head of Operations
Legal Counsel
Procurement Manager
Compliance Officer
Risk Manager
Operations Director
Contract Manager
Business Development Manager
Project Manager
Facility Manager
Commercial Director
General Counsel
Chief Financial Officer
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