Replacement of Management Agent. If, as a result of a periodic review, the County determines in its reasonable judgment that the Development is not being operated and managed in accordance with any of the material requirements and standards of this County Regulatory Agreement, the County shall deliver notice to Borrower of its intention to cause replacement of the Management Agent, including the reasons therefor. Within fifteen (15) days after receipt by Borrower of such written notice, the County staff and Borrower shall meet in good faith to consider methods for improving the financial and operating status of the Development, including, without limitation, replacement of the Management Agent. If, after such meeting, County staff recommends in writing the replacement of the Management Agent, Borrower shall promptly dismiss the then-current Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a management agent set forth in Section 5.2 above and approved by the County pursuant to Section 5.2 above. Any contract for the operation or management of the Development entered into by Borrower shall provide that the Management Agent may be dismissed and the contract terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section constitutes a default under this County Regulatory Agreement, and the County may enforce this provision through legal proceedings as specified in Section 6.5 below.
Replacement of Management Agent. If, as a result of a periodic review, the County determines in its reasonable judgment that the Units are not being operated and managed in accordance with any of the material requirements and standards of this Agreement, the County shall deliver notice to Grantee of its intention to require the Management Agent to be replaced, or, if the Grantee is managing the Units, to require Grantee to retain an independent Management Agent, and the reasons therefor. Within fifteen (15) days of receipt by Grantee of such written notice, County staff and Grantee shall meet in good faith to consider methods for improving the financial and operating status of the Units, including, without limitation, replacing the Management Agent. If, after such meeting, County staff recommends in writing the Management Agent be replaced, Grantee shall promptly dismiss the current Management Agent or cease self- management if the Units are managed by Grantee, and appoint as the Management Agent a person or entity meeting the standards for a management agent set forth in Section 5.2 above and approved by the County pursuant to Section 5.2 above. Any contract for the operation or management of the Units as rental housing entered into by Grantee must include a provision to the effect that the contract can be terminated as set forth above. Failure to remove the Management Agent or to appoint a Management Agent instead of self-managing, in accordance with the provisions of this Section will constitute default under this Agreement, and the County may enforce this provision through legal proceedings as specified in Section 6.7, below.
Replacement of Management Agent. If, as a result of a periodic review, the County determines in its reasonable judgment that the Development is not being operated and managed in accordance with any of the material requirements and standards of this Agreement, the County shall deliver notice to Developer of its intention to cause replacement of the Management Agent, including the reasons therefor. Within fifteen (15) days of receipt by Developer of such written notice, County staff and the Developer shall meet in good faith to consider methods for improving the financial and operating status of the Development, including, without limitation, replacement of the Management Agent. If, after such meeting, County staff recommends in writing the replacement of the Management Agent, Developer shall promptly dismiss the then Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a Management Agent set forth in Section 5.2 above and approved by the County pursuant to Section 5.2 above. Any contract for the operation or management of the Development entered into by Developer shall provide that the contract can be terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section shall constitute Default under this Agreement, and the County may enforce this provision through legal proceedings as specified in Section 6.8 below.
Replacement of Management Agent. The Lender acknowledges that Xxxxxxxx's Limited Partner has the right, under the Borrower's Partnership Agreement, to direct the general partner to remove the Project's property management agent. Xxxxxxxx agrees to give Xxxxxx notice of the proposed replacement property management agent, and the Lender agrees to consent to same, assuming that such replacement property management agent is acceptable to Xxxxxxxx's Limited Partner and has experience in managing projects occupied by low-income households pursuant to Section 42 of the Internal Revenue Code, and the Housing Choice Voucher Program.
Replacement of Management Agent. The Lender acknowledges that Borrower’s Investor Member has the right, under the Borrower’s Operating Agreement, to direct the managing member to remove the Project property management agent. Borrower agrees to give Lender notice of the proposed replacement management agent, and the Lender agrees to consent to same, assuming that such replacement property manager is acceptable to Borrower’s Investor Member and has experience in managing projects occupied by low-income households pursuant to Section 42 of the Internal Revenue Code.
Replacement of Management Agent. (a) If, as a result of a periodic review, the County determines in its reasonable judgment that the Development is not being operated and managed in accordance with any of the requirements and standards of this Agreement, the County shall first deliver notice to the Borrower of such operational issues which notice shall describe the County's findings with specificity and the County may, in the same notice, notify the Borrower its intention to cause replacement of the Management Agent, subject to the rights of partners of the Borrower. Within thirty (30) days of receipt by the Borrower of such written notice, the County staff and Borrower, and any partners of the Borrower, shall meet in good faith to consider methods for improving the financial and operating status of the Development, including, without limitation, replacement of the Management Agent.
Replacement of Management Agent. If as a result of the annual review, City determines in its reasonable judgment that the Project is not being operated and managed in accordance with any of the requirements and standards of this Agreement, City shall deliver notice to the Developer of its intention to cause replacement of the Management Agent with a list of the requirements and standards that are not met. Within fifteen (15) days of receipt by the Developer of such written notice, City and the Developer shall meet in good faith to consider methods for improving the financial and operating status of the Project, including, without limitation, replacement of the Management Agent. If, after such meeting, City elects to proceed with the replacement of the Management Agent, City shall so notify the Developer in writing within fifteen (15) days following the meeting. Thereupon, the Developer shall promptly dismiss the then Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a Management Agent set forth in this Section and approved by City pursuant to this Section. If after such a meeting, City and Developer cannot agree on a replacement Management Agent, the Developer shall promptly dismiss the Management Agent and City shall designate three (3) replacement Management Agents acceptable to the City, from which Developer shall appoint the Management Agent. City acknowledges that the Developer may be required to obtain the consent of its investor and lender prior to dismissing or hiring a Management Agent. Any contract for the operation or management of the Project entered into by the Developer shall provide that the contract can be terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section shall constitute an Event of Default under this Agreement, and City may enforce this provision through legal proceedings as specified in Article X hereof.
Replacement of Management Agent. If, as a result of a periodic review, the County determines in its reasonable judgment that the Development is not being operated and managed in accordance with any of the material requirements and standards of this Regulatory Agreement, the County shall deliver notice to Borrower of its intention to cause replacement of the Management Agent, including the reasons therefor. Within fifteen (15) days after receipt by Borrower of such written notice, the County staff and Borrower shall meet in good faith to consider methods for improving the financial and operating status of the Development, including, without limitation, replacement of the Management Agent. The County acknowledges that the Investor Limited Partner has the right to remove the Management Agent as set forth in the Partnership Agreement. If, after such meeting, County staff recommends in writing the replacement of the Management Agent, Borrower shall promptly dismiss the then-current Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a management agent set forth in Section 5.2 above and approved by the County pursuant to Section 5.2 above. Any contract for the operation or management of the Development entered into by Borrower shall provide that the Management Agent may be dismissed and the contract terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section constitutes a default under this Regulatory Agreement, and the County may enforce this provision through legal proceedings as specified in Section 6.6 below.
Replacement of Management Agent. If, as a result of a periodic review, the City determines in its reasonable judgment that the Property is not being operated and managed in accordance with any of the material requirements and standards of this Agreement, or, if applicable, the Management Agreement, the City shall deliver notice to Owner of its determination that the Property does not satisfy the requirements of this Agreement, such notice may include a request to cause replacement of the Management Agent, including the reasons therefor. Within fifteen (15) days after receipt by Owner of such written notice, City staff and the Owner shall meet in good faith to consider methods for improving the financial and operating status of the Property, including, without limitation, replacement of the Management Agent. If, after such meeting and not less than thirty (30) days opportunity to cure, City staff recommends in writing the replacement of the Management Agent, Owner shall promptly dismiss the current Management Agent (subject to any applicable notice and cure periods in the Management Agreement or this Agreement), and shall appoint as the Management Agent a person or entity meeting the standards for a management agent set forth in Section 5.2 above and approved by the City pursuant to Section 5.2 above. Any contract for the operation or management of the Property entered into by Owner shall provide that the Management Agent may be dismissed and the contract terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section shall constitute default under this Agreement, and the City may enforce this provision through legal proceedings as specified in Section 6.8 below.
Replacement of Management Agent. If, as a result of a periodic review, the County determines in its reasonable judgment that the Development is not being operated and managed in accordance with any of the requirements and standards of the Management Plan, the Management Agreement, or the County Documents, the County must deliver notice to the Developer of its intention to cause a replacement of the Management Agent. Within thirty (30) days of receipt by the Developer of such written notice, County staff and the Developer must meet in good faith to consider methods for improving the financial and operating status of the Development, including, without limitation, replacing the Management Agent. If, after such meeting, County staff recommends in writing the replacement of the Management Agent, the Developer must promptly dismiss the then Management Agent, and appoint as the Management Agent a person or entity meeting the standards for a Management Agent set forth in subsection (a) above, which appointment must be approved by the County pursuant to subsection (a) above.
