Common use of Use and Operation of the Project Clause in Contracts

Use and Operation of the Project. Manager agrees not to knowingly permit the use of the Project for any purpose which might void any policy of insurance held by Owner, which might render any loss thereunder uncollectible, or which would be in violation of any Legal Requirement. Manager shall use reasonable efforts to routinely monitor the Project for such violations. Manager shall advise and consult with Owner, from time to time regarding general operational matters of which Manager may have knowledge, and to the extent approved by Owner, and at Owner's expense, Manager shall implement and maintain or cause to be implemented and maintained, appropriate systems, procedures and policies necessary for the proper operation of the Property. Subject to Manager's reasonable ability to vary or modify actions in the ordinary course of operating a student housing complex, full compliance by the residents with the terms and conditions of their respective leases and rules and regulations applicable to the Property shall be sought and, to this end, Manager shall see that all residents are informed with respect to such rules, regulations, and notices as may be promulgated by Owner. Manager shall be expected to perform such other acts and duties as are reasonable, necessary, and proper in the discharge of its duties under this Agreement, but Manager shall not be responsible for failing to perform such other acts and duties unless Owner shall have first requested, in writing, Manager's performance thereof and shall have fully funded such performance.

Appears in 10 contracts

Samples: Management and Leasing Agreement (Education Realty Trust, Inc.), Management and Leasing Agreement (Education Realty Trust, Inc.), Management and Leasing Agreement (Education Realty Trust, Inc.)

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