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Operating Management Agreement Template for Ireland

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Key Requirements PROMPT example:

Operating Management Agreement

"I need an Operating Management Agreement for a Dublin-based shopping center, where an international property management company will take over operations from March 2025, with specific provisions for retail tenant management and customer safety protocols."

Document background
The Operating Management Agreement is a crucial document used when a property owner or business entity wishes to delegate operational management responsibilities to a professional management company in Ireland. This agreement type is commonly employed in various sectors including real estate, hospitality, and retail, where specialized management expertise is required. The document comprehensively outlines management scope, authority levels, performance standards, financial arrangements, and regulatory compliance requirements under Irish law. It addresses key aspects such as employment regulations, health and safety requirements, data protection under GDPR, and specific industry standards. The Operating Management Agreement is particularly important in situations where professional management expertise is needed while the owner retains ultimate ownership and certain strategic decision-making rights.
Suggested Sections

1. Parties: Identification of the Owner/Principal and the Management Company

2. Background: Context of the agreement, including description of the business/property to be managed

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Term: Scope of manager's appointment and duration of the agreement

5. Manager's Authority and Duties: Detailed description of management responsibilities and authority limits

6. Owner's Obligations: Responsibilities and obligations of the owner/principal

7. Financial Arrangements: Management fees, payment terms, expenses, and budgeting requirements

8. Operational Requirements: Day-to-day operational procedures and standards

9. Reporting and Compliance: Required reports, documentation, and regulatory compliance obligations

10. Staff and Employment: Management of employees, responsibilities, and compliance with employment law

11. Insurance and Liability: Required insurance coverage and allocation of liabilities

12. Termination: Grounds for termination, notice requirements, and consequences

13. Post-Termination Obligations: Handover requirements and ongoing obligations after termination

14. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution

Optional Sections

1. Environmental Compliance: Required when the managed operation has significant environmental impacts or requirements

2. Intellectual Property: Needed when the management involves creation or use of intellectual property

3. Data Protection: Detailed GDPR compliance section required when significant personal data processing is involved

4. Crisis Management: Required for operations where emergency response procedures are critical

5. Brand Standards: Needed when the operation must maintain specific brand or quality standards

6. Capital Expenditure: Required when the manager has responsibility for major capital improvements

7. Non-Compete: Optional restrictions on manager's other business activities

8. Force Majeure: Detailed provisions for handling unforeseen circumstances, particularly relevant post-COVID

Suggested Schedules

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

2. Schedule 2 - Fee Structure: Detailed breakdown of management fees, incentives, and payment calculations

3. Schedule 3 - Key Performance Indicators: Performance metrics and measurement criteria

4. Schedule 4 - Required Insurance: Specific insurance types and coverage levels required

5. Schedule 5 - Operating Standards: Detailed operational procedures and quality standards

6. Schedule 6 - Reporting Requirements: Format and frequency of required operational and financial reports

7. Schedule 7 - Property/Assets Register: Inventory of assets under management

8. Appendix A - Key Personnel: Identification of key management staff and their roles

9. Appendix B - Emergency Procedures: Emergency response and business continuity procedures

10. Appendix C - Handover Requirements: Detailed procedures for management transition upon termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 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

Retail

Commercial Property

Healthcare

Education

Industrial

Leisure and Entertainment

Office Management

Residential Property

Shopping Centers

Student Accommodation

Senior Living Facilities

Mixed-use Developments

Relevant Teams

Legal

Operations

Facilities Management

Asset Management

Commercial

Risk and Compliance

Finance

Property Management

Business Development

Human Resources

Senior Management

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Operations Director

Facility Manager

Property Manager

Asset Manager

Legal Counsel

Contracts Manager

Business Development Manager

Commercial Director

Risk Manager

Compliance Officer

Financial Controller

Regional Manager

General Manager

Operations Manager

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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