ºÚÁÏÊÓƵ

The Non-Exclusive Management Agreement is utilized when a company or individual seeks to engage professional management services while maintaining the flexibility to work with multiple service providers. This document is particularly relevant in the South African business context, where companies often require specialized management expertise without committing to exclusive arrangements. The agreement covers essential aspects such as scope of services, performance expectations, fee structures, and liability limitations, all while ensuring compliance with South African legislation including the Companies Act, Consumer Protection Act, and POPIA. It's designed to protect both parties' interests while maintaining operational flexibility and clear accountability in the management relationship. The non-exclusive nature of the agreement is particularly valuable in competitive markets where access to diverse management expertise may be beneficial.

1. Parties: Identification and details of the contracting parties - the management company and the client

2. Background: Context of the agreement, including the client's business and need for management services

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Appointment and Scope: Terms of the non-exclusive appointment and detailed scope of management services

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

6. Management Services: Detailed description of services to be provided by the management company

7. Fees and Payment Terms: Management fees, payment schedule, expenses, and invoicing procedures

8. Obligations of the Manager: Key responsibilities and duties of the management company

9. Obligations of the Client: Client's responsibilities, including provision of information and cooperation

10. Non-Exclusivity: Explicit terms regarding non-exclusive nature of the arrangement

11. Confidentiality: Protection of confidential information and trade secrets

12. Intellectual Property: Ownership and usage rights of intellectual property

13. Limitation of Liability: Extent and limitations of the management company's liability

14. General Provisions: Standard contractual provisions including notices, entire agreement, governing law