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Managing Agent Contract
"I need a Managing Agent Contract for appointing ABC Management Services Pvt Ltd to manage our commercial property portfolio in Mumbai, starting from March 1, 2025, with specific provisions for maintenance responsibilities and tenant management."
1. Parties: Identification of the Principal and the Managing Agent, including their legal status and registered addresses
2. Background: Context of the appointment and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of the Managing Agent and detailed scope of authority
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Duties and Responsibilities: Detailed obligations of the Managing Agent including reporting requirements
7. Authority Limits: Specific limitations on the Managing Agent's authority and actions requiring Principal's approval
8. Remuneration: Fee structure, payment terms, and reimbursement of expenses
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Indemnification: Mutual indemnification provisions and liability limitations
11. Record Keeping: Requirements for maintaining books, records, and documentation
12. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Compete: Restrictions on Managing Agent's ability to compete or represent competitors, used when agent has access to sensitive business information
2. Insurance: Requirements for professional indemnity and other insurance coverage, particularly relevant for high-risk sectors
3. Intellectual Property: IP ownership and usage rights, important when agent will be creating or using proprietary materials
4. Sub-Agents: Terms governing the appointment and management of sub-agents, needed when delegation is permitted
5. Performance Metrics: Specific KPIs and performance standards, useful for performance-based compensation structures
6. Force Majeure: Provisions for unforeseen circumstances affecting performance, particularly relevant in volatile markets
7. Data Protection: Compliance with data protection laws, essential when handling personal or sensitive data
8. Training and Support: Details of training and support provided by Principal, important for complex service arrangements
1. Schedule 1 - Territory: Defined geographical area where Managing Agent is authorized to operate
2. Schedule 2 - Services: Detailed description of services to be provided by the Managing Agent
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, commissions, and payment calculations
4. Schedule 4 - Reporting Requirements: Format and frequency of required reports and documentation
5. Schedule 5 - Key Personnel: List of key personnel and their roles in delivering the services
6. Schedule 6 - Operating Procedures: Detailed operational procedures and compliance requirements
7. Appendix A - Power of Attorney: Format of Power of Attorney if required for specific actions
8. Appendix B - Service Level Agreement: Detailed service levels and performance standards if applicable
Authors
Real Estate
Manufacturing
Insurance
Retail
Hospitality
Export-Import
Property Management
Asset Management
Distribution and Logistics
Agricultural Products
Infrastructure
Healthcare
Legal
Operations
Compliance
Risk Management
Business Development
Finance
Procurement
Contract Administration
Corporate Secretarial
Commercial
Managing Director
Chief Executive Officer
Operations Director
Legal Counsel
Compliance Officer
Business Development Manager
Regional Manager
Property Manager
Asset Manager
Contract Manager
Agency Relationship Manager
Risk Manager
Company Secretary
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