Common use of Maintenance and Repair of Properties Clause in Contracts

Maintenance and Repair of Properties. Property Manager shall maintain the Properties in accordance with the Approved Budget; provided, however, that no material alterations, additions or improvements which are not in the approved Budget shall be made without the prior approval of the Owners. Such maintenance shall include, but shall not necessarily be limited to, interior and exterior cleaning, painting, decorating and maintenance, both preventative and otherwise, of all systems and improvements which are a part of the Properties. To the extent set forth in the Approved Budget, or to the extent an expense is incurred under such circumstances as Property Manager shall reasonably and in good xxxxx xxxx to be an emergency necessary for the preservation or safety of the Properties, and Property Manager was unable, after using commercially reasonable efforts to contact Owners for their approval or disapproval of such expenditure, to contact Owners, all expenses incurred in connection with such maintenance shall be timely paid out of the Operating Accounts, or in the event Property Manager advances its own funds to pay for any such expenses, such amounts advanced by Property Manager shall be reimbursable by Owners to Property Manager within thirty (30) days of Owners’ receipt of such request. If Property Manager was unable to contact Owners prior to making such expenditure, Property Manager shall contact Owners within twenty-four (24) hours thereafter to inform Owners of the circumstances of the emergency.

Appears in 6 contracts

Samples: Management and Leasing Agreement (Retail Value Inc.), Management and Leasing Agreement (Retail Value Inc.), Management and Leasing Agreement (Retail Value Inc.)

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