Sample Management Contract With Penalty Clause Philippines In Maricopa
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Management contracts are legal agreements that enable one company to have control of another business's operations. Business owners often sign these written agreements directly with the management company.
While liquidated damages clauses are generally enforceable, courts do not enforce penalty clauses.
A penalty clause is a provision in a contract that imposes a monetary or other punishment on a party for failing to fulfill specific terms of the agreement. These clauses are typically designed to deter breach of contract and to encourage parties to perform their obligations as agreed.
How to Draft an Enforceable Penalty Clause? Make sure there is a legitimate interest that is proportionate to the enforcement of the main obligation by the innocent party. Consider whether the penalty clause has an actual pre-estimation of loss. Avoid making the penalty extravagant or unconscionable.
When writing a penalty clause, consider the following steps: Clear Identification: Explicitly state which obligations or deadlines the penalty clause applies to. Specific Penalty Amounts: Specify the exact monetary penalty that will be imposed for each failure to meet an obligation or deadline.
Examples include confidentiality, liability, and termination clauses, all of which serve to protect parties' interests and provide a framework for resolving potential disputes.
The term (i.e. time period) of a management agreement is important. You need to know how long it will last and if there are options to extend it. Most management agreements range from two to three years with options.
Disadvantage: Loss of Control While you have the freedom to negotiate the level of services, generally, the management company will become responsible for making all of the operational decisions that are necessary to keep that part of your business running smoothly.
