Utility and Service Contracts. Manager shall, at Owner’s expense and in Owner’s name or in Manager’s name as agent for Owner, enter into contracts for water, electricity, gas, fuel, oil, telephone, vermin extermination, trash removal, cable television, security protection and other services deemed by Manager to be necessary or advisable for the operation of the Property. Manager shall also, in Owner’s name or in Manager’s name as agent for Owner and at Owner’s expense, place orders for such equipment, tools, appliances, materials, and supplies as are reasonable and necessary to properly maintain the Property. Owner agrees to pay or reimburse Manager for all expenses and liabilities incurred by reason of this Section provided that such amounts are in accordance with the Operating Budget.
Utility and Service Contracts. Manager shall, in its capacity as Manager pursuant to this Agreement, at Owner’s expense, enter into contracts for water, electricity, gas, fuel, oil, telephone, vermin extermination, trash removal, cable television, security protection and other services deemed by Manager to be necessary or advisable for the operation of the Property. Manager shall also, in its capacity as Manager to this Agreement, at Owner’s expense, place orders for such equipment, tools, appliances, materials, and supplies as are reasonable and necessary to properly maintain the Property. Owner agrees to pay or reimburse Manager for all expenses and liabilities incurred by reason of this Section provided that such amounts are in accordance with the Operating Budget.
Utility and Service Contracts. Manager shall, in its capacity as manager pursuant to this Agreement, in Owners’ name and at Owner’s expense, enter into contracts for water, electricity, gas, fuel, oil, telephone, vermin extermination, trash removal, cable television, security protection, elevator, collections and other services deemed by Manager to be necessary or advisable for the operation of the Property. Manager shall also, in its capacity as manager pursuant to this Agreement, at Owner’s expense, place orders for such equipment, tools, appliances, materials, and supplies as are reasonable and necessary to properly maintain the Property. Owner agrees to pay or reimburse Manager for all expenses and liabilities incurred by reason of this Section provided that such amounts are in accordance with the Operating Budget, are approved by Owner or are otherwise incurred by Manager in Manager’s commercially reasonable discretion (employing the standard of care set forth in Section 2.4) for the necessary operation of the Property.
Utility and Service Contracts. Manager shall make, at Owner’s expense and in Owner’s name or in Manager’s name, as an authorized representative for Owner, contracts for water, electricity, gas, fuel, oil, telephone, vermin extermination, trash removal, cable television, security protection and other services deemed by Manager to be necessary or advisable for the operation of the Project. Manager shall also place orders in the name of Owner for such equipment, tools, appliances, materials, and supplies as are reasonable and necessary to properly maintain the Project. Manager may make such contracts and place such orders in Owner’s name or in its own name, as Owner’s authorized representative. In addition, Owner agrees to specifically assume in writing all obligations under all such contracts so entered into by Manager, on behalf of Owner, upon the termination of this Agreement, and Owner shall indemnify, protect, save, defend and hold harmless Manager and the other Manager Indemnified Parties harmless from and against any and all Losses resulting from, arising out of or in any way related to such contracts and that relate to or concern matters occurring after termination of this Agreement, but excluding matters arising out of the misconduct and/or negligence of the Manager, its agents, servants, or employees. Owner agrees to pay or reimburse Manager for all expenses and liabilities incurred in accordance with this Section 3.4.
Utility and Service Contracts. Co-Manager may negotiate contracts on behalf of Owner for utilities and other services as are currently being furnished to the Premises for terms of not greater than one (1) year, unless otherwise approved by Owner in writing. All such service contracts shall be in the name of Owner, signed by Co-Manager as Owner’s authorized agent, and shall be terminable on thirty (30) days notice or less. Notwithstanding the foregoing, Owner or Owner’s consultants shall have the right to negotiate a master agreement for any and/or all utilities at the Premises.
Utility and Service Contracts. Manager shall negotiate contracts on behalf of Owner, as applicable, for gas, electricity, water, telephone, trash collection, sewer, elevator service, landscaping, janitorial service, security service and such other services as are, or will be, furnished to each Property for terms not greater than one year. All such service contracts shall be entered into by Manager, for the account of and in the name of Owner and shall be terminable, without cause, with respect to each Property on thirty (30) days notice or less, unless otherwise approved by Owner. The funds necessary to pay for such services shall be paid from the Bank Account.
Utility and Service Contracts. Manager shall make, at Owner’s expense and in Owner’s name or in Manager’s name, as agent for Owner, contracts for water, electricity, gas, fuel, oil, telephone, vermin extermination, trash removal, cable television, security protection, internet access and other services approved by Owner pursuant to the Annual Business Plan and deemed by Manager to be necessary or advisable for the operation of the Apartments. Manager shall also place orders in name of Owner for such equipment, tools, appliances, materials, and supplies as are reasonable and necessary to properly maintain the Apartments. Manager may make such contracts and place such orders in Owner’s name or in its own name, as Owner’s agent. Owner agrees to pay or reimburse Manager for all expenses and liabilities incurred by reason of this Section but only to the extent consistent with the Budget or otherwise made with Owner’s prior consent. However, Manager shall not enter into any contracts for services, supplies or equipment that exceed, individually or in the aggregate, $1,000 during any 30 day period or $5,000 during any 12 month period, without Owner’s prior written consent, unless included in the Annual Business Plan. All contracts shall be cancellable by Owner without penalty on 30 days (or less) notice.
Utility and Service Contracts. Manager shall, on behalf of the Facility (in the name of Manager or its affiliate(s) (if necessary or beneficial) or in the name of, and as agent for, Tenant), enter into or cause the execution of service contracts as required in the ordinary course of business for the operation of the Facility including contracts for water, electricity, natural gas, telephone, sewer, cleaning, trash removal, pest control, cable television, elevator, and boiler maintenance, and other services related to the maintenance of the Facility or to the health and safety of its occupants and employees and such other contracts as may be necessary to carry out the obligations imposed on Manager under this Agreement. All Facility contracts (excluding (i) National Contracts (defined below) and (ii) contracts with Affiliates of Manager), which are in effect at the expiration or termination of this Agreement and which were entered into in accordance with the terms of this Agreement and are assignable, to the extent not in the name of Tenant, shall be assigned by Manager to Tenant or its designee effective as of the date of such expiration or termination of this Agreement; provided that if any contract requires consent to assignment pursuant to the terms thereof, and the counterparty to such contract will not consent to an assignment, any early termination fees shall be the responsibility of Tenant or its designee and Manager shall have no liability with respect thereto. Manager shall use good faith efforts to negotiate terms in each contract (other than National Contracts and any contract with a term of sixty (60) days or fewer) (x) permitting assignment to Tenant or its designee upon expiration or termination of this Agreement at no cost to Tenant or its designee and (y) requiring no termination or assignment fees. Manager shall perform as and when required under Facility contracts the duties and responsibilities imposed on Tenant under the terms thereof. Facility contracts may consist of any National Contract to the extent that (a) such National Contract offers market and competitive price and are otherwise on market terms, (b) the prices charged by the vendors under such National Contract with respect to the Facility are no greater than the prices charged for the same goods or services with respect to other facilities covered by such National Contracts and located in the same geographical region as the Facility, (c) Tenant has the right to review and approve the allocation methodology...
Utility and Service Contracts. Amounts payable under telephone and telex contracts and contracts for the supply of heat, steam, electric power, gas, lighting and any other utility service shall be prorated on an accrual basis as of the Cut-off Time, and Sellers shall receive a credit for each deposit if any, made by or on behalf of Sellers as security under any such public service contracts provided that the same is transferable and remains on deposit for the benefit of Buyers (MURJAC as to the Stock Sale Motels). Where possible, cut-off readings will be secured for all utilities on the Closing Date.
Utility and Service Contracts. Manager shall make, at Owner’s expense and in Owner’s name or in Manager’s name, as an authorized representative for Owner, contracts for water, electricity, gas, fuel, oil, telephone, vermin extermination, trash removal, cable television, security protection and other services deemed by Manager to be necessary or advisable for the operation of the Project. Manager shall also place orders in the name of Owner for such equipment, tools, appliances, materials, and supplies as are reasonable and necessary to properly maintain the Project. Manager may make such contracts and place such orders in Owner’s name or in its own name, as Owner’s authorized representative.
