Manager Obligations. 5.1 The Manager will be responsible for all contact with Investors, including:
Manager Obligations. Subject to Clause 8.2 hereof, Manager agrees to, and hereby does, indemnify and hold harmless the Owner or the relevant Capital Companies, its permitted assignees and their respective officers, directors, employees and agents (each of the foregoing, an “Owner Indemnified Party”) against any and all liabilities, losses, damages, penalties, costs and expenses (including reasonable costs of defense and reasonable legal fees and expenses) which may be incurred or suffered by any Owner Indemnified Party as a result of Claims or Losses to the extent caused by, or arising from, the gross negligence or the willful misconduct of Manager or a breach by Manager of its contractual obligations hereunder or any material misrepresentation made by Manager herein. Each of the Owner and the Manager hereby agree that (i) nothing contained in this Agreement (including but not limited to this Clause 18.2) shall be interpreted as an explicit or implied guarantee by the Manager of the obligations due under the Container Debt or of the performance of the Owner Containers, and any and all such guarantees are expressly disclaimed in all respects, and (ii) losses may occur for various reasons including, but not limited to, the financial inability or refusal of the Lessees to make rental payments under the Leases, and the inability of the Manager to re-lease the Owner Containers in sufficient amounts or at sufficient rates to pay obligations under the Container Debt and that Manager shall have no liability to Owner for such losses.
Manager Obligations. If the presence of any Hazardous Materials on, under or about the Property caused or permitted by MANAGER results in (i) injury to any person, (ii) damage to or contamination of the Property (or a portion thereof), or (iii) to or contamination of any real or personal property wherever situated, MANAGER shall immediately notify the Director of said damages, and/or contamination and/or injuries, and MANAGER, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the Property to the condition existing prior to the introduction of such Hazardous Materials to the Property and to remedy or repeat any such injury, damage, or contamination. Without limiting any other rights or remedies of DISTRICT under this Agreement, MANAGER shall pay the cost of any cleanup, repair! or remedial work performed on. under or about the Property as required by this Agreement or by applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by MANAGER. Notwithstanding the foregoing, except in cases of emergency or where ordered to do so by a court, governmental agency, or other agency having jurisdiction over the Property, MANAGER shall not take any remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or about the Property caused or permitted by MANAGER, or enter into any settlement agreement, consent decree or other compromise with any governmental or quasi-governmental entity without first obtaining the prior written consent of DISTRICT. All work performed or caused to be performed by MANAGER as provided for above shall be done in professional and workmanlike manner and in compliance with plans, specifications, permits and other requirements for such work approved by the Director or Board as applicable. Until such remedial work is completed as determined in writing by applicable regulatory agency or agencies, and the Director or Board, and all remediation related costs of MANAGER are fully paid and reported by MANAGER to the Director! payment of the monthly Management Fee to MANAGER will be withheld by DISTRICT. Notwithstanding the foregoing, DISTRICT will not withhold payment of the Management Fee to MANAGER so long as MANAGER is working with due diligence toward the development of any required remediation plan and thereafter commences such work and diligently pursues such work to completion.
Manager Obligations. Except as set forth in Section 4.2, each Member will be responsible for its routine operational expenses.
Manager Obligations. During the Term, Manager shall act as the exclusive manager for, and, subject to Section 8 of this Agreement, the exclusive operator of, the Business on the Licensed Premises. Manager shall devote such time, skill, and efforts to the performance of its obligations under this Agreement as are required to care for the operation of the Business on the Licensed Premises in accordance with accepted cannabis production in Jackson County, Oregon. In connection with such management, Manager shall supervise, care for, and maintain the Licensed Premises and provide all services, labor, materials, and equipment necessary to operate the Business on the Licensed Premises.
Manager Obligations. Manager will indemnify, defend, and hold harmless Owner, its officers, shareholders, directors, agents, employees, and their respective heirs, personal representatives, successors and assigns from all claims suffered by Owner, its officers, shareholders, directors, agents and employees, and their respective heirs, personal representatives, successors and assigns from and against any claim arising out of Manager's gross negligence or intentional wrongful action. This obligation to indemnify will survive termination of this Agreement.
Manager Obligations. 5.1 The Manager will be responsible for all contact with you, including:
Manager Obligations. Manager agrees to: (i) provide reasonable assistance to Xxxxxxxx to enforce the terms of the User Agreements against Tenants who breach such terms; (ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Platform, and notify Nutiliti promptly upon becoming aware of any such unauthorized use; and (iii) be responsible for all activities relating to its Platform account and its management and storage of data it submits through the Platform, including, without limitation, ensuring that Nutiliti has the necessary rights and licenses to access and use such data for purposes of this Agreement.
Manager Obligations. Manager agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Standards published by the United States Department of Health and Human Services implementing Part C of HIPAA, including without limitation:
Manager Obligations. Manager agrees to indemnify and hold harmless Owner, Owner’s permitted assignees and their respective officers, directors, employees and agents (each of the foregoing, an “Owner Indemnified Party”) from and against any and all Claims or Losses that may be incurred or suffered by any Owner Indemnified Party to the extent caused by, or arising from (A) breach by the Manager of obligations and/or covenants contained in this Agreement, (B) any failure of any of the Manager’s representations and warranties under this Agreement to be true and correct in all material respects on and as of the date when made, or (C) the gross negligence or willful misconduct of the Manager. Owner and Manager hereby agree that (i) nothing contained in this Agreement (including but not limited to this Section 15.2) shall be interpreted as an explicit or implied guarantee by Manager of the performance of the Owner Containers, and Manager expressly disclaims any and all such guarantees in all respects, and (ii) losses may occur for various reasons including, but not limited to, the financial inability or refusal of the Lessees to make rental payments under the Leases and the inability of Manager to re-lease the Owner Containers in sufficient amounts or at sufficient rates and Manager shall have no liability to Owner for such losses.
