Common use of General Operation Clause in Contracts

General Operation. Subject to the limitations imposed by the Budget from time to time, Manager shall operate the Project in the same manner as is customary and usual in operation of comparable facilities, and shall provide such services as are customarily provided by operators of high quality projects of comparable class and standing consistent with the Project’s facilities. In addition to the other obligations of Manager set forth herein, Manager shall render the following services and perform the following duties for Owner in connection with the Project in a commercially diligent and efficient manner: (a) maintain businesslike relations with tenants whose service requests shall be received, considered, recorded and acted upon in systematic fashion in order to show the action taken with respect to each; (b) collect all monthly rentals due from tenants and rent from users of recreational facilities in the Project, if any; (c) request, demand, collect, and receive any and all charges or rents which become due to Owner, and at Owner’s expense and RREM’s direction, coordinate and oversee such legal action as may be necessary or desirable to collect rent and/or evict tenants delinquent in payment of monthly rental or other charges (security deposits, late charges, etc.) as more particularly described in Section 2.09 below; (d) prepare or cause to be prepared for execution by the Owner (and/or RREM, as applicable) all forms, reports and returns, if any, required to be filed by or on behalf of the Owner under applicable federal, state or local laws and any other requirements relating to the employment of personnel (anything contained herein to the contrary notwithstanding, however, Manager shall not be obligated to prepare any of Owner’s or RREM’s state or federal income tax returns; (e) use all reasonable efforts at all times during the term of this Agreement to operate and maintain the Project according to the highest standards achievable consistent with the operation of comparable quality units; (f) advertise when necessary, within the constraints of the Budget, the availability of units for rental and display “for rent” or other similar signs upon the Project, it being understood that Manager may install one or more signs on or about the Project stating that the Project is under management of Manager and may use, in a tasteful manner, Manager’s name and logo in any display advertising of the Project; (g) sign, renew and cancel tenant leases for the Project as agent for owner, in compliance with standards established by RREM and approved by Owner, on the lease form provided by Manager, and on terms based upon criteria approved from time to time by Owner and based upon Manager’s recommendations. It is understood and agreed, however, that Manager shall not, and does not, provide security services to the Project. Should RREM choose to do so, RREM may direct that Manager, on Owner’s behalf, to separately contract with a non-affiliated company (a “Security Company”) providing alarm systems, patrol and similar services (“Security Services”). Manager shall have no duty to supervise or control performance of Security Services for any Security Company but Manager shall, if requested by RREM, evaluate and report its findings to RREM, as directed. Without limiting the provisions of Section 6.03 of this Agreement, RREM shall indemnify, defend, protect and hold Manager harmless for, from and against any loss, liability, cost, expense, damage claim or cause of action, including, without limitation, attorneys’ fees, court costs and other litigation expenses and costs, arising from any personal injury, loss of property or other matter occurring on or about the Project, relating to the acts or omissions of a Security Company, any claimed inadequacy of Security Services, the failure to provide Security Services or any other matter relating to the security of the Project. The indemnification obligations of RREM in this Section 2.02 shall survive the expiration or earlier termination of this Agreement.

Appears in 14 contracts

Samples: Management Agreement (Resource Real Estate Investors 7, L.P.), Management Agreement (Resource Real Estate Investors 7, L.P.), Management Agreement (Resource Real Estate Investors 7, L.P.)

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General Operation. Subject to the limitations imposed by the Budget from time to time, Manager shall operate the Project in the same manner as is customary and usual in the operation of comparable facilities, and shall provide such services as are customarily provided by operators of high quality apartment projects of comparable class and standing consistent with the Project’s 's facilities, subject, however, in all events to the limitations of the Budget. In addition to the other obligations of Manager set forth herein, Manager shall render the following services and perform the following duties for Owner in connection with the Project in a commercially timely, faithful, diligent and efficient manner: (a) coordinate the plans of tenants for moving their personal effects into the Project or out of it, with a view toward scheduling such movements so that there shall be a minimum of inconvenience to other tenants; (b) maintain businesslike relations with tenants whose service requests shall be received, considered, considered and recorded and acted upon in systematic fashion in order to show the action taken with respect to each; (bc) use its commercially reasonable efforts to collect all monthly rentals rents due from tenants and rent from for users or lessees of recreational other non-dwelling facilities in the Project, if any; (c) request, demand, collect, receive and receive receipt for any and all charges or rents which become due to Owner, and at Owner’s expense and RREM’s direction's expense, coordinate and oversee take such legal action as may be necessary or desirable to collect rent and/or evict tenants delinquent in payment of monthly rental or rental, other charges (security deposits, late charges, etc.) as more particularly described in Section 2.09 below); (d) prepare or cause to be prepared for execution and filing by the Owner (and/or RREM, Manager as applicable) an independent contractor all forms, reports and returns, if any, returns required to be filed by or on behalf of the Owner under applicable all federal, state or local laws in connection with the unemployment insurance, workers' compensation insurance, disability benefits, Social Security and other similar taxes now in effect or hereafter imposed, and also any other requirements relating to the employment of personnel (anything contained herein to the contrary notwithstanding, however, Manager shall not be obligated to prepare any of Owner’s or RREM’s state or federal income tax returnspersonnel; (e) use all reasonable efforts at all times during the term of this Agreement to operate and maintain the Project according to the highest standards achievable consistent with the operation of comparable quality units; (f) advertise when necessary, within the constraints of the Budgetat Owner's expense and approval, the availability of units for rental for the Project units using commercially reasonable business strategies in connection with the use of promotional materials, market outreach efforts, internet and web-based marketing and display "for rent" or other similar signs upon the Project, it being understood that Manager may install one or more signs on or about the Project stating that the Project same is under management of Manager and may use, use in a tasteful manner, manner Manager’s 's name and logo in any display advertising which may be done on behalf of the Project; and (gf) sign, renew and cancel tenant leases for the Project as agent Project, write apartment leases for owner, in compliance with standards established by RREM and terms approved by Owner, Owner (or on a month to month basis following the lease form provided by Manager, and on terms based upon criteria approved from time expiration of the initial term of a tenant lease) to time by Owner and bona fide individuals based upon Manager’s 's recommendations. It is understood and agreed, however, that Manager shall not, and does not, provide security services to the Project. Should RREM choose to do so, RREM may direct that Manager, on Owner’s behalf, to separately contract with a non-affiliated company (a “Security Company”) providing alarm systems, patrol and similar services (“Security Services”). Manager shall have no duty exercise its commercially reasonable efforts to supervise or control performance of Security Services for include the Project in signage advertising rentals available to be placed at the Project during any Security Company but Manager shall, if requested by RREM, evaluate and report its findings to RREM, as directed. Without limiting the provisions of Section 6.03 of this Agreement, RREM shall indemnify, defend, protect and hold Manager harmless for, from and against any loss, liability, cost, expense, damage claim or cause of action, including, without limitation, attorneys’ fees, court costs and other litigation expenses and costs, arising from any personal injury, loss of property or other matter occurring on or about the Project, relating to the acts or omissions of a Security Company, any claimed inadequacy of Security Services, the failure to provide Security Services or any other matter relating to the security of the Project. The indemnification obligations of RREM in this Section 2.02 shall survive the expiration or earlier termination of this Agreementlease-up period.

Appears in 3 contracts

Samples: Property Management Agreement (Bluerock Residential Growth REIT, Inc.), Property Management Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Property Management Agreement (Bluerock Enhanced Multifamily Trust, Inc.)

General Operation. Subject to the limitations imposed by the Budget from time to time, Manager shall operate the Project in the same manner as is customary and usual in the operation of comparable facilities, and shall provide such services as are customarily provided by operators of high quality apartment projects of comparable class and standing consistent with the Project’s 's facilities, subject, however, in all events to the limitations of the Budget. In addition to the other obligations of Manager set forth herein, Manager shall render the following services and perform the following duties for Owner in connection with the Project in a commercially timely, faithful, diligent and efficient manner: (a) coordinate the plans of tenants for moving their personal effects into the Project or out of it, with a view toward scheduling such movements so that there shall be a minimum of inconvenience to other tenants; (b) maintain businesslike relations with tenants whose service requests shall be received, considered, considered and recorded and acted upon in systematic fashion in order to show the action taken with respect to each; (bc) use its commercially reasonable efforts to collect all monthly rentals rents due from tenants and rent from for users or lessees of recreational other non-dwelling facilities in the Project, if any; (c) request, demand, collect, receive and receive receipt for any and all charges or rents which become due to Owner, and at Owner’s expense and RREM’s direction's expense, coordinate and oversee take such legal action as may be necessary or desirable to collect rent and/or evict tenants delinquent in payment of monthly rental or other charges (security deposits, late charges, etc.) as more particularly described in Section 2.09 below); (d) prepare or cause to be prepared for execution and filing by the Owner (and/or RREM, Manager as applicable) an independent contractor all forms, reports and returns, if any, returns required to be filed by or on behalf of the Owner under applicable all federal, state or local laws in connection with the unemployment insurance, workers' compensation insurance, disability benefits, Social Security and other similar taxes now in effect or hereafter imposed, and also any other requirements relating to the employment of personnel (anything contained herein to the contrary notwithstanding, however, Manager shall not be obligated to prepare any of Owner’s or RREM’s state or federal income tax returnspersonnel; (e) use all reasonable efforts at all times during the term of this Agreement to operate and maintain the Project according to the highest standards achievable consistent with the operation of comparable quality units; (f) advertise when necessary, within the constraints of the Budgetat Owner's expense and approval, the availability of units for rental for the Project units using commercially reasonable business strategies in connection with the use of promotional materials , market outreach efforts, internet and web-based marketing and display “for rent” or other similar signs upon the Project, it being understood that Manager may install one or more signs on or about the Project stating that the Project same is under management of Manager and may use, use in a tasteful manner, manner Manager’s 's name and logo in any display advertising which may be done on behalf of the Project; (f) re-name the Project and replace the signs at the Project at Owner's expense and with Owner’s approval, using commercially reasonable business strategies; and (g) sign, renew and cancel tenant leases for the Project as agent Project, write apartment leases for owner, in compliance with standards established by RREM and approved by Owner, on the lease form provided by Manager, terms and on terms based upon criteria approved from time to time by Owner and (or on a month to month basis following the expiration of the initial term of a tenant lease) to bona fide individuals based upon Manager’s 's recommendations. Manager shall exercise its commercially reasonable efforts to include the Project in signage advertising rentals available to be placed at the Project during any lease-up period. Notwithstanding anything herein to the contrary, in the event the Project name contains the trade names and/or trademarks “Bxxx Partners” or “Bxxx” (collectively, the “Bxxx Brand Rights”), Owner shall not be entitled to any right, title or interest of Manager in the Bxxx Brand Rights. Owner, at its cost, shall immediately cease using any Bxxx Brand Right and shall replace all signage that contains a Bxxx Brand Right within thirty (30) days after the termination of this Agreement. It is understood and agreed, however, agreed that Manager shall notis not in the business of, and does notwill not be providing alarm systems, provide security guards, patrols and/or similar services (the “Security Services”) to the Project. Should RREM choose to do so, RREM Owner may direct that Manager, on the Owner’s behalf, to separately contract with a non-affiliated company (a “Security Company”) providing alarm systems, patrol and similar services (“Security Services”). Manager shall have no duty to supervise or control performance of Security Services for any Security Company but Manager shall, if requested by RREM, evaluate and report its findings to RREM, as directed. Without limiting the provisions of Section 6.03 of this Agreement, RREM shall indemnify, defend, protect and hold Manager harmless for, from and against any loss, liability, cost, expense, damage claim or cause of action, including, without limitation, attorneys’ fees, court costs and other litigation expenses and costs, arising from any personal injury, loss of property or other matter occurring on or about the Project, relating to the acts or omissions of a Security Company, any claimed inadequacy of Security Services, the failure to provide Security Services or any other matter relating to the security of the Project. The indemnification obligations of RREM in this Section 2.02 shall survive the expiration or earlier termination of this Agreement.

Appears in 2 contracts

Samples: Property Management Agreement (Bluerock Residential Growth REIT, Inc.), Property Management Agreement (Bluerock Residential Growth REIT, Inc.)

General Operation. Subject to the limitations imposed by the Budget from time to time, Manager shall consistently devote its commercially reasonable efforts consistent with professional management to manage, operate and market the Project for lease, and perform its duties hereunder in the same a reasonable, diligent, and careful manner so as is customary to manage and usual in supervise marketing, leasing and operation of comparable facilities, and shall provide such services the Project as are customarily provided by operators of high quality projects of comparable a first-class and standing consistent with the Project’s facilitiesapartment community. In addition to the other obligations of Manager set forth herein, during the Term Manager shall render the following services and perform the following duties for Owner in connection use commercially reasonable efforts consistent with the Project in a commercially diligent and efficient mannerprofessional management to: (a) maintain businesslike relations with tenants whose of the Project, including receiving, considering and recording tenant service requests shall be received, considered, recorded and acted upon in a systematic fashion in order to show the action taken with respect to each; (b) collect all monthly rentals due from tenants of the Project and rent from users or lessees of recreational other non-dwelling facilities in the Project, if any; (c) request, demand, collect, receive and receive receipt for any and all charges or rents which become due to Owner, and at Owner’s expense and RREM’s direction, coordinate and oversee take such legal action as may be necessary or desirable to collect rent and/or evict tenants delinquent in payment of monthly rental or other charges (security deposits, late charges, etc.) as more particularly described in Section 2.09 2.08 below; (d) prepare or cause to be prepared for execution by the Owner (and/or RREM, as applicable) all forms, reports and returns, if any, required to be filed by or on behalf of the Owner under applicable federal, state or local laws and any other requirements relating to the employment of personnel (anything contained herein to the contrary notwithstanding, however, Manager shall not be obligated to prepare any of Owner’s or RREM’s 's state or federal income tax returns); (e) use all reasonable efforts at all times during the term of this Agreement to operate and maintain the Project according to the highest standards achievable in a manner consistent with the operation of comparable quality unitsfirst-class professional management; (f) advertise when necessary, within necessary the constraints availability for rental of the Budget, the availability of Project's units for rental and display "for rent" or other similar signs upon the Project, Project (it being understood that Manager may install one or more signs on or about the Project stating that the Project same is under management of Manager and may use, in a tasteful manner, use Manager’s 's name and logo in any display advertising which may be done on behalf of the Project) in accordance with Section 2.11; and (g) sign, renew and cancel tenant leases for the Project as agent for owner, in compliance with standards established by RREM and approved by OwnerProject, on the lease form provided by Managerterms, criteria and on terms based upon criteria policies approved or required from time to time by Owner and Owner, based upon Manager’s 's recommendations, and otherwise in accordance with Section 2.10. It is understood and agreedagreed that notwithstanding the provisions of Section 2.03(a), however, that Manager shall not, and does not, provide security services to the Project. Should RREM choose Manager's sole responsibility in respect of security services shall be cooperation with any security company retained by Owner. The parties further understand and agree that nothing herein shall be construed to do so, RREM may direct that Manager, on Owner’s behalf, require Manager to separately contract with a non-affiliated company (a “Security Company”) providing alarm systems, patrol and similar perform any services (“Security Services”). Manager shall have no duty including any services as a construction manager) or to supervise or control performance expend any funds (including any portion of Security Services for any Security Company but Manager shall, if requested by RREM, evaluate and report its findings to RREM, as directed. Without limiting Gross Receipts) in connection with the provisions of Section 6.03 of this Agreement, RREM shall indemnify, defend, protect and hold Manager harmless for, from and against any loss, liability, cost, expense, damage claim or cause of action, including, without limitation, attorneys’ fees, court costs and other litigation expenses and costs, arising from any personal injury, loss of property or other matter occurring on or about the Project, relating to the acts or omissions of a Security Company, any claimed inadequacy of Security Services, the failure to provide Security Services or any other matter relating to the security of the Project. The indemnification obligations of RREM in this Section 2.02 shall survive the expiration or earlier termination of this AgreementCoronado South Improvements.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Essex Property Trust Inc), Agreement of Purchase and Sale (United Dominion Realty Trust Inc)

General Operation. (a) Subject to the limitations imposed by the Budget from time to time, Manager shall consistently devote its commercially reasonable efforts consistent with professional management to manage, operate and market the Project for lease, and perform its duties hereunder in the same a reasonable, diligent, and careful manner so as is customary to manage and usual in supervise marketing, leasing and operation of comparable facilities, and shall provide such services the Project as are customarily provided by operators of high quality projects of comparable a first-class and standing consistent with the Project’s facilitiesapartment community. In addition to the other obligations of Manager set forth herein, during the Term Manager shall render the following services and perform the following duties for Owner in connection use commercially reasonable efforts consistent with the Project in a commercially diligent and efficient mannerprofessional management to: (ai) maintain businesslike relations with tenants whose of the Project, including receiving, considering and recording tenant service requests shall be received, considered, recorded and acted upon in a systematic fashion in order to show the action taken with respect to each; (bii) collect all monthly rentals due from tenants of the Project and rent from users or lessees of recreational other non-dwelling facilities in the Project, if any; (ciii) request, demand, collect, receive and receive receipt for any and all charges or rents which become due to Owner, and at Owner’s 's expense and RREM’s directionin accordance with the Budget, coordinate and oversee take such legal action as may be necessary or desirable to collect rent and/or evict tenants delinquent in payment of monthly rental or other charges (security deposits, late charges, etc.) as more particularly described in Section 2.09 below; (div) prepare or cause to be prepared for execution by the Owner (and/or RREM, as applicable) all forms, reports and returns, if any, required to be filed by or on behalf of the Owner under applicable federal, state or local laws and any other requirements relating to the employment of personnel (anything contained herein to the contrary notwithstanding, however, Manager shall not be obligated to prepare any of Owner’s or RREM’s 's state or federal income tax returns); (ev) use all reasonable efforts at all times during the term of this Agreement to operate and maintain the Project according to the highest standards achievable in a manner consistent with the operation of comparable quality unitsfirst-class professional management; (fvi) advertise when necessary, within the constraints of the Budgetat Owner's expense, the availability of units for rental of the Project's units and display "for rent" or other similar signs upon the Project, Project (it being understood that Manager may install one or more signs on or about the Project stating that the Project same is under management of Manager and may use, in a tasteful manner, use Manager’s 's name and logo in any display advertising which may be done on behalf of the Project), in accordance with Section 2.13; (gvii) sign, renew and cancel tenant leases for the Project as agent for owner, in compliance with standards established by RREM and approved by OwnerProject, on the lease form provided by Managerterms, criteria and on terms based upon criteria policies approved or required from time to time by Owner and Owner, based upon Manager’s 's recommendations. It is understood and agreed, however, that Manager shall not, and does not, provide security services otherwise in accordance with Section 2.12; and (viii) take commercially reasonable steps to control and minimize utility costs once the Project. Should RREM choose to do so, RREM may direct that Manager, on Owner’s behalf, to separately contract with a non-affiliated company (a “Security Company”) providing alarm systems, patrol Project has been completed and similar services (“Security Services”). Manager shall have no duty to supervise or control performance of Security Services is ready for any Security Company but Manager shall, if requested by RREM, evaluate and report its findings to RREM, as directed. Without limiting the provisions of Section 6.03 of this Agreement, RREM shall indemnify, defend, protect and hold Manager harmless for, from and against any loss, liability, cost, expense, damage claim or cause of action, including, without limitation, attorneys’ fees, court costs and other litigation expenses and costs, arising from any personal injury, loss of property or other matter occurring on or about the Project, relating to the acts or omissions of a Security Company, any claimed inadequacy of Security Services, the failure to provide Security Services or any other matter relating to the security of the Project. The indemnification obligations of RREM in this Section 2.02 shall survive the expiration or earlier termination of this Agreementtenant occupancy.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (United Dominion Realty Trust Inc), Agreement of Purchase and Sale (Essex Property Trust Inc)

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General Operation. Subject to the limitations imposed by the Budget from time to time, Manager shall operate the Project in the same manner as is customary and usual in the operation of comparable facilities, and shall provide such services as are customarily provided by operators of high quality apartment projects of comparable class and standing consistent with the Project’s 's facilities, subject, however, in all events to the limitations of the Budget. In addition to the other obligations of Manager set forth herein, Manager shall render the following services and perform the following duties for Owner in connection with the Project Bluerock in a commercially timely, faithful, diligent and efficient manner: (a) coordinate the plans of tenants for moving their personal effects into the Project or out of it, with a view toward scheduling such movements so that there shall be a minimum of inconvenience to other tenants; (b) maintain businesslike relations with tenants whose service requests shall be received, considered, considered and recorded and acted upon in systematic fashion in order to show the action taken with respect to each; (bc) use its commercially reasonable efforts to collect all monthly rentals rents due from tenants and rent from for users or lessees of recreational other non-dwelling facilities in the Project, if any; (c) request, demand, collect, receive and receive receipt for any and all charges or rents which become due to OwnerBluerock, and at Owner’s expense and RREM’s directionBluerock's expense, coordinate and oversee take such legal action as may be necessary or desirable to collect rent and/or evict tenants delinquent in payment of monthly rental or rental, other charges (security deposits, late charges, etc.) as more particularly described in Section 2.09 below); (d) prepare or cause to be prepared for execution and filing by the Owner (and/or RREM, Manager as applicable) an independent contractor all forms, reports and returns, if any, returns required to be filed by or on behalf of the Owner under applicable all federal, state or local laws in connection with the unemployment insurance, workers' compensation insurance, disability benefits, Social Security and other similar taxes now in effect or hereafter imposed, and also any other requirements relating to the employment of personnel (anything contained herein to the contrary notwithstanding, however, Manager shall not be obligated to prepare any of Owner’s or RREM’s state or federal income tax returnspersonnel; (e) use all reasonable efforts at all times during the term of this Agreement to operate and maintain the Project according to the highest standards achievable consistent with the operation of comparable quality units; (f) advertise when necessary, within the constraints of the Budgetat Bluerock's expense and approval, the availability of units for rental for the Project units using commercially reasonable business strategies in connection with the use of promotional materials, market outreach efforts, internet and web-based marketing and display "for rent" or other similar signs upon the Project, it being understood that Manager may install one or more signs on or about the Project stating that the Project same is under management of Manager and may use, use in a tasteful manner, manner Manager’s 's name and logo in any display advertising which may be done on behalf of the Project; and (gf) sign, renew and cancel tenant leases for the Project as agent for owner, in compliance with standards established terms and on forms agreed to by RREM Manager and approved by Owner, Bluerock (or on a month to month basis following the lease form provided by Manager, and on terms based upon criteria approved from time expiration of the initial term of a tenant lease) to time by Owner and bona fide individuals based upon Manager’s 's recommendations. It is understood and agreed, however, that Manager shall not, and does not, provide security services to the Project. Should RREM choose to do so, RREM may direct that Manager, on Owner’s behalf, to separately contract with a non-affiliated company (a “Security Company”) providing alarm systems, patrol and similar services (“Security Services”). Manager shall have no duty exercise its commercially reasonable efforts to supervise include the Project in signage advertising rentals available to be placed at the Project during any lease-up period. Notwithstanding anything herein to the contrary, in the event the Project name contains the trade names and/or trademarks "Bxxx Partners" or control performance "Bxxx" (collectively, the "Bxxx Brand Rights"), Bluerock shall not be entitled to any right, title or interest of Security Services for Manager in the Bxxx Brand Rights. Bluerock, at its cost, shall immediately cease using any Security Company but Manager shall, if requested by RREM, evaluate Bxxx Brand Right and report its findings to RREM, as directed. Without limiting shall replace all signage and all collateral material that contains a Bxxx Brand Right (1) during the provisions of Section 6.03 term of this Agreement, RREM shall indemnify, defend, protect Agreement within 30 days after a request to do so by Bxxx; and hold Manager harmless for, from and against any loss, liability, cost, expense, damage claim or cause of action, including, without limitation, attorneys’ fees, court costs and other litigation expenses and costs, arising from any personal injury, loss of property or other matter occurring on or about (2) within 30 days after the Project, relating to the acts or omissions of a Security Company, any claimed inadequacy of Security Services, the failure to provide Security Services or any other matter relating to the security of the Project. The indemnification obligations of RREM in this Section 2.02 shall survive the expiration or earlier termination of this Agreement.;

Appears in 1 contract

Samples: Property Management Agreement (Bluerock Residential Growth REIT, Inc.)

General Operation. Subject to Manager shall, following the limitations imposed by the Budget from time to timeCommencement Date, Manager shall lease, manage, operate and maintain the Project in the same manner as is customary and usual in the leasing, management, operation and maintenance of first-class comparable facilities, and shall provide such services as are customarily provided by operators of high quality first class apartment projects of comparable class and standing consistent with the Project’s facilitiesfacilities and which are located in the same geographic and market area as the Project, subject, however, in all events to the limitations of the Budget and the limitations on the authority of Manager set forth in this Agreement. Manager agrees to perform its services and obligations under this Agreement in conformity with the requirements of any covenants, conditions, restrictions and easements encumbering the Project of which Manager is notified by Owner, provided that such agreements will not expand the services required of Manager under this Agreement. In addition to the other obligations of Manager set forth herein, Manager shall render the following services and perform the following duties for Owner in connection with the Project in a commercially timely, faithful, diligent and efficient manner: (a) coordinate the plans of tenants for moving their personal effects into the Project or out of it, in a manner designed to minimize damage and disruption to the Project and the Non-Residential Component and with a view toward scheduling such movements so that there shall be a minimum of inconvenience to other occupants of the Project and the Non-Residential Component; (b) maintain businesslike relations with tenants whose service requests request shall be received, considered, considered and recorded and acted upon in systematic fashion in order to show the action taken with respect to each; (bc) use its commercially reasonable efforts to collect all monthly rentals rents due from tenants and rent from for users of recreational facilities or lessees in the Project, if anyany (e.g., storage lockers); (c) request, demand, collect, receive and receive receipt for any and all charges or rents which become due to Owner, and at Owner’s expense and RREM’s direction, coordinate and oversee such legal action as may be necessary or desirable institute routine eviction proceedings pursuant to collect rent and/or standards approved by Owner to evict tenants delinquent in payment of monthly rental or rental, other charges (security deposits, late charges, etc.) as more particularly described in Section 2.09 below); (d) prepare or cause to be prepared for execution and filing by the Owner (and/or RREM, Manager as applicable) an independent contractor all forms, reports and returns, if any, returns required to be filed by or on behalf of the Owner under applicable all federal, state or local laws in connection with the unemployment insurance, workers’ compensation insurance, disability benefits, Social Security and any other similar taxes now in effect or hereafter imposed, and also cause all other requirements relating to the employment of personnel (anything contained herein to the contrary notwithstanding, however, Manager shall not be obligated to prepare any of Owner’s or RREM’s state or federal income tax returnsmet and satisfied by Manager; (e) use all its commercially reasonable efforts at all times following the Commencement Date and during the term of this Agreement Term to operate and maintain the Project according to the highest standards achievable consistent with the operation of first-class comparable quality unitsprojects, taking into account the limitations of the Budget and the limitations on the authority of Manager set forth in this Agreement; (f) supervise all maintenance, construction, work and repairs, and, in accordance with Section 2.11 below, perform the Capital Improvements Management Services as and when required thereby; (g) advertise when necessary, within the constraints of the Budgetat Owner’s expense, the availability of units for rental for the Project units and display “for rent” or other similar signs upon the Project, it being understood that Manager may install one or more signs on or about the Project stating that the Project same is under management of Manager and may use, use in a tasteful manner, manner Manager’s name and logo in any display advertising which may be done on behalf of the Project; (gh) on behalf of and in the name of Owner, sign, renew and cancel tenant leases for the Project as agent Project, write apartment leases for ownerterms which are in substantial conformance with the Leasing Guidelines and which utilize only the Owner-approved form of lease document, in compliance with standards established by RREM and approved by Owner, on the lease form provided by Manager, and on terms based upon criteria approved from time to time by Owner and based upon Manager’s recommendations. It is understood and agreedsubject, however, that Manager shall not, and does not, provide security services to the Project. Should RREM choose to do so, RREM may direct that Manager, on Owner’s behalf, to separately contract with a non-affiliated company (a “Security Company”) providing alarm systems, patrol and similar services (“Security Services”). Manager shall have no duty to supervise or control performance of Security Services for any Security Company but Manager shall, if requested by RREM, evaluate and report its findings to RREM, as directed. Without limiting the provisions of Section 6.03 of this Agreement, RREM 2.04 regarding leases to Project Employees; and (i) staff a front lobby during commercially reasonable business hours. Manager shall indemnify, defend, protect and hold Manager harmless for, from and against any loss, liability, cost, expense, damage claim or cause of action, including, without limitation, attorneys’ fees, court costs and other litigation expenses and costs, arising from any personal injury, loss of property or other matter occurring on or about exercise its commercially reasonable efforts to include the Project, relating Project in signage advertising rentals available to be placed at the acts or omissions of a Security Company, any claimed inadequacy of Security Services, Project following the failure to provide Security Services or any other matter relating to the security of the Project. The indemnification obligations of RREM in this Section 2.02 shall survive the expiration or earlier termination of this AgreementCommencement Date.

Appears in 1 contract

Samples: Management Agreement (NRI Real Token Inc.)

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