The Management and Administrative Services Agreement is essential for businesses seeking to formalize arrangements for outsourced management and administrative functions. This agreement, governed by English and Welsh law, is commonly used when companies require external expertise or want to streamline operations through professional service providers. It covers crucial aspects such as service delivery, performance metrics, compensation, and risk allocation, while ensuring compliance with UK regulatory requirements. The document is particularly relevant for both intra-group arrangements and third-party service provisions, offering flexibility to accommodate various business needs while maintaining legal certainty.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Defined terms used throughout the agreement
4. Services: Detailed description of management and administrative services to be provided
5. Term and Termination: Duration of agreement and termination provisions
6. Fees and Payment: Compensation structure and payment terms
7. Service Standards: Performance standards and quality requirements
8. Confidentiality: Protection of confidential information
9. Liability and Indemnification: Risk allocation between parties
10. Data Protection: Compliance with UK GDPR and Data Protection Act 2018
11. Intellectual Property: Ownership and usage rights of IP created during service provision
12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Change Control: Procedures for making changes to services - recommended for complex or long-term service arrangements
2. Force Majeure: Provisions for unforeseen circumstances and their handling
3. Non-Compete: Restrictions on competitive activities - relevant when protecting market position is crucial
4. TUPE: Employee transfer provisions - required when service provision may involve transfer of employees
5. Anti-Bribery and Corruption: Compliance with anti-corruption laws - particularly important for international services
6. Environmental Compliance: Environmental standards and commitments - relevant for services with environmental impact
1. Schedule 1 - Services: Detailed breakdown of management and administrative services to be provided
2. Schedule 2 - Fee Schedule: Detailed pricing, payment terms, and fee calculation methodology
3. Schedule 3 - Service Levels: Specific performance metrics, KPIs, and service standards
4. Schedule 4 - Key Personnel: Details of key staff involved in service delivery and their roles
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and requirements
6. Schedule 6 - Insurance Requirements: Required insurance coverage details and minimum levels
7. Schedule 7 - Exit Management: Procedures and requirements for service termination and transition
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