Common use of Appointment and Duties of the Manager Clause in Contracts

Appointment and Duties of the Manager. (a) PAC and the Operating Partnership hereby appoint the Manager to manage and administer the Investments and day‑to-day operations of the Company Entities, subject at all times to the further terms and conditions set forth in this Agreement and to the oversight of, and such further limitations or parameters consistent with this Agreement as may be imposed from time to time by, the Board. The Manager will use commercially reasonable efforts to perform each of its duties set forth herein, provided that funds are made available by the Company for such purposes as set forth in Section 8. The Company shall not appoint any other Person except the Manager to perform the duties and carry out the responsibilities of the Manager described herein, except as may otherwise be permitted by this Agreement and except to the extent that the Manager elects, in its sole and absolute discretion, subject to the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third parties.

Appears in 5 contracts

Samples: Management Agreement (Preferred Apartment Communities Inc), Management Agreement (Preferred Apartment Communities Inc), Management Agreement (Preferred Apartment Communities Inc)

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Appointment and Duties of the Manager. (a) PAC and the Operating Partnership hereby appoint the Manager to manage and administer the Investments and day‑today-to-day operations of the Company Entities, subject at all times to the further terms and conditions set forth in this Agreement and to the oversight of, and such further limitations or parameters consistent with this Agreement as may be imposed from time to time by, the Board. The Manager will use commercially reasonable efforts to perform each of its duties set forth herein, provided that funds are made available by the Company for such purposes as set forth in Section 8. The Company shall not appoint any other Person except the Manager to perform the duties and carry out the responsibilities of the Manager described herein, except as may otherwise be permitted by this Agreement and except to the extent that the Manager elects, in its sole and absolute discretion, subject to the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third parties.

Appears in 4 contracts

Samples: Management Agreement (Preferred Apartment Communities Inc), Management Agreement (Preferred Apartment Communities Inc), Management Agreement (Preferred Apartment Communities Inc)

Appointment and Duties of the Manager. (a) PAC The Trust and the Operating Partnership hereby appoint the Manager to manage and administer the Investments and day‑toadministrate day-to-day operations of the Company EntitiesCompany, subject at all times to the further terms and conditions set forth in this Agreement and to the oversight of, and such further limitations or parameters consistent with this Agreement as may be imposed from time to time by, the Board. The Manager will use commercially reasonable efforts to perform each of its duties set forth herein, provided that funds are made available by the Company for such purposes as set forth in Section 8. The Company shall not appoint any other Person except the Manager to perform the duties and carry out the responsibilities of the Manager described herein, except as may otherwise be permitted by this Agreement and except to the extent that the Manager elects, in its sole and absolute discretion, subject to the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third parties.

Appears in 2 contracts

Samples: Management Agreement (Wheeler Real Estate Investment Trust, Inc.), Management Agreement (Wheeler Real Estate Investment Trust, Inc.)

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Appointment and Duties of the Manager. (a) PAC and the Operating Partnership The Company hereby appoint appoints the Manager to manage the investments and administer the Investments and day‑today-to-day operations of the Company EntitiesCompany, subject at all times to the further terms and conditions set forth in this Agreement and to the oversight supervision of, and such further limitations or parameters consistent with this Agreement as may be imposed from time to time by, the BoardBoard of Directors. The Manager will hereby agrees to use its commercially reasonable efforts to perform each of its the duties set forth herein, provided that funds are made available by the Company for except where a specific standard of care is specified, in which case such purposes as set forth in Section 8specific standard of care shall apply. The Company shall not appoint any other Person except the Manager to perform the duties and carry out the responsibilities appointment of the Manager described hereinshall be exclusive to the Manager, except as may otherwise be permitted by this Agreement and except to the extent that the Manager elects, in its sole and absolute discretion, subject to in accordance with the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third parties. The Manager will remain responsible for any services delegated to third parties. The Manager shall be responsible for expenses pursuant to, and to the extent provided in, Section 8.

Appears in 2 contracts

Samples: Management Agreement (AG Mortgage Investment Trust, Inc.), Management Agreement (AG Mortgage Investment Trust, Inc.)

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