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Operating Management Agreement Template for Netherlands

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Key Requirements PROMPT example:

Operating Management Agreement

"I need an Operating Management Agreement for a Dutch logistics facility, where a third-party operator will manage our warehouse operations starting March 2025, with specific provisions for automated systems management and performance-based fee structures."

Document background
The Operating Management Agreement is a crucial document used when a business owner or asset holder wishes to delegate operational management responsibilities to a professional management company while retaining ownership. This arrangement is common in various sectors across the Netherlands, particularly in real estate, hospitality, and infrastructure management. The agreement, governed by Dutch law, specifically outlines the scope of management services, decision-making authority, performance standards, reporting requirements, and fee structures. It incorporates provisions compliant with Dutch corporate law, including the Burgerlijk Wetboek and Management and Supervision Act, while addressing practical operational needs. The document is essential for establishing clear lines of authority, accountability, and risk allocation between the owner and the management company.
Suggested Sections

1. Parties: Identification of the contracting parties - typically the company/owner and the management company/manager

2. Background: Context of the agreement, including 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: Terms of appointment and detailed scope of management services to be provided

5. Term and Termination: Duration of the agreement, renewal provisions, and termination circumstances

6. Management Services: Detailed description of management responsibilities, duties, and service levels

7. Authority and Limitations: Scope of manager's authority, reserved matters, and decision-making processes

8. Fees and Expenses: Management fees, payment terms, reimbursable expenses, and invoicing procedures

9. Reporting and Performance: Reporting requirements, KPIs, and performance standards

10. Staff and Resources: Provisions regarding personnel, resources, and operational support

11. Compliance and Regulations: Obligations regarding legal compliance, permits, and regulatory requirements

12. Liability and Indemnification: Limitation of liability, indemnification provisions, and insurance requirements

13. Confidentiality: Protection of confidential information and trade secrets

14. General Provisions: Standard legal provisions including notices, amendments, governing law, etc.

Optional Sections

1. Intellectual Property: Required when management services involve creation or use of intellectual property

2. Non-Competition: Include when restricting manager's ability to work with competitors

3. Emergency Services: Needed for businesses requiring specific emergency response procedures

4. Environmental Compliance: Important for businesses with significant environmental impact

5. Data Protection: Required when personal data processing is a significant aspect of services

6. Force Majeure: Specific provisions for handling unforeseen circumstances and disruptions

7. Step-In Rights: Include when owner needs right to take over management in specific circumstances

8. Asset Management: Required when manager has responsibility for significant physical assets

9. Change of Control: Include provisions for changes in ownership or control of either party

Suggested Schedules

1. Schedule 1 - Services Description: Detailed breakdown of management services and responsibilities

2. Schedule 2 - Fee Structure: Detailed fee calculations, incentive mechanisms, and payment terms

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 - Key Personnel: List of key management personnel and their roles

6. Schedule 6 - Operating Procedures: Detailed operational processes and procedures

7. Schedule 7 - Insurance Requirements: Required insurance coverage and limits

8. Appendix A - Property/Asset Register: List of properties or assets under management

9. Appendix B - Compliance Checklist: Required permits, licenses, and compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Real Estate

Hospitality

Healthcare

Infrastructure

Manufacturing

Retail

Logistics

Energy

Transportation

Agricultural

Data Centers

Education

Senior Living

Industrial

Commercial Property

Relevant Teams

Legal

Operations

Facilities Management

Asset Management

Risk & Compliance

Commercial

Finance

Business Development

Property Management

Contract Administration

Senior Management

Corporate Governance

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Operations Director

Facility Manager

Property Manager

Asset Manager

General Counsel

Legal Director

Commercial Director

Contract Manager

Business Development Manager

Risk Manager

Compliance Officer

Operations Manager

Portfolio Manager

Managing Director

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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