Common use of General Operation Clause in Contracts

General Operation. Manager shall operate the Property 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 apartment properties of comparable class and standing consistent with the Property'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 a faithful, diligent and efficient manner: (a) coordinate the plans of tenants for moving their personal effects into the Property 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 business like relations with tenants whose service requests shall be received, considered and recorded in systematic fashion in order to show the action taken with respect to each; (c) use its best efforts to (i) collect all monthly rents due from tenants and rent from users or lessees of other non-dwelling facilities on the Property, if any; (ii) request, demand, collect, receive and receipt for any and all charges or rents which become due to Owner, and (iii) take such legal action, at Owner's expense, as may be necessary or desirable to evict tenants delinquent in payment of monthly rental, other charges (security deposits, late charges, etc.); (d) use its best efforts at all times during the term of this Agreement to operate and maintain the Property according to the highest standards achievable consistent with the operation of comparable quality units; (e) advertise when necessary, at Owner's expense, the availability for rental for the Property units and display "for rent" or other similar signs upon the Property, it being understood that Manager may install one or more signs on or about the Property stating that same is under management of Manager and may use in a tasteful manner Manager's name and logo in any display advertising which may be done on behalf of the Property; and (f) sign, renew and cancel tenant leases for the Property, in compliance with standards established by Owner to bona fide individuals, for monthly rentals established from time to time by Owner, based on Manager's recommendations; provided, however, that Property Employees, as a condition of employment, may occupy apartment units on a month-to-month basis with or without an executed tenant lease.

General Operation. Manager shall operate the Property 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 apartment properties projects of comparable class and standing consistent with the PropertyProject'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 a timely, faithful, diligent and efficient manner: (a) coordinate the plans of tenants for moving their personal effects into the Property 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 business like businesslike relations with tenants whose service requests request shall be received, considered and recorded in systematic fashion in order to show the action taken with respect to each; (c) use its best commercially reasonable efforts to (i) collect all monthly rents due from tenants and rent from for users or lessees of other non-dwelling facilities on in the PropertyProject, if any; (ii) request, demand, collect, receive and receipt for any and all charges or rents which become due to Owner, and (iii) take such legal action, at Owner's expense, take such legal action as may be necessary or desirable to evict tenants delinquent in payment of monthly rental, other charges (security deposits, late charges, etc.); (d) prepare or cause to be prepared for execution and filing by the Manager as an independent contractor all forms, reports and returns required by 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; (e) use its best commercially reasonable efforts at all times during the term of this Agreement agreement to operate and maintain the Property Project according to the highest standards achievable consistent with the operation of comparable quality unitsunits and the limitations of the Budget; (eI) supervise all maintenance, construction, work and repairs except for nonrecurring capital improvements costing in excess of $25,000; (g) advertise when necessary, at Owner's expense, the availability for rental for the Property Project units and display "for rent" or other similar signs upon the PropertyProject, it being understood that Manager may install one or more signs on or about the Property Project stating that same is under management of Manager and may use in a tasteful manner Manager's name and logo in any display advertising which may be done on behalf of the PropertyProject; and (fh) sign, renew and cancel tenant leases for the PropertyProject, in compliance with standards established by Owner write apartment leases for terms of not less than seven (7) months (or on a month to month basis following the expiration of the initial term of a tenant lease) to bona fide individuals, for monthly rentals rental established from time to time by Owner, based on upon Manager's recommendations; provided, however, that Property Employees, as a condition of employment, if set forth in the Budget Project employees may occupy apartment units on a month-to-month to month basis with or without an executed tenant lease. Manager shall exercise its commercially reasonable efforts to include the Project in signage advertising rentals available to be placed at the Project during the lease-up period.

General Operation. The Existing Manager shall operate will continue to manage the Property during the period between the Effective Date and the Subsequent Closing. Except as otherwise contemplated or permitted by this Agreement or approved by the Partnership in writing, from the Effective Date to the Subsequent Closing Date, the Contributor will, and will cause the Property Owner and the Existing Manager to, (i) operate, maintain, repair, and lease the Property in the same manner as is customary accordance with applicable Law and usual in the operation Ordinary Course and consistent with such Person’s past practices, including, without limitation, past practices regarding payment of comparable facilitiestrade payables or other liabilities, (ii) perform in all material respects all of landlords’ obligations under the Leases (other than Leases that are in the process of being terminated due to a Tenant’s default thereunder), not apply any tenant’s security deposit unless the tenant is out of its premises, not grant any concessions or reductions in rent or otherwise modify any Lease or waive compliance with any provision thereof, except in the Ordinary Course and consistent with current practice and Section 8.4 below, (iii) not dispose of or encumber all or any portion of the Property, except for dispositions or replacement of immaterial amounts of personal property in the Ordinary Course, (iv) not grant any raises to or terminate employment of any employees, (v) keep and maintain all existing insurance policies covering the Property in continuous force and effect, (vi) make timely payments of all principal and interest and reserve and escrow deposits required under the existing Loan Documents, and (vii) preserve the existence and good standing of Property Owner, the Contributed Entity and their Subsidiaries. Without limiting the foregoing, the Contributor shall, and shall provide such services as are customarily provided by operators of apartment properties of comparable class and standing consistent with cause the Property's facilities. In addition to the other obligations of Manager set forth hereinContributed Entity, Manager shall render the following services and perform the following duties for Owner in a faithful, diligent and efficient manner: (a) coordinate the plans of tenants for moving their personal effects into the Property or out Owner, their Subsidiaries and the Existing Manager to, in the Ordinary Course, file all renewal applications for the applicable Permits on a timely basis, enforce the Leases in all material respects and pay all costs and expenses of itthe Property which are the applicable Person’s responsibility to pay. Additionally, with a view toward scheduling such movements so the Contributor agrees that there shall be a minimum of inconvenience it will, and will cause each Contributed Entity, the Property Owner and their Subsidiaries to other tenants; (b) maintain business like relations with tenants whose service requests shall be received, considered and recorded in systematic fashion in order to show the action taken with respect to each; (c) use its best commercially reasonable efforts to (i) collect all monthly rents due from tenants and rent from users or lessees of other non-dwelling facilities on the Property, if any; (ii) request, demand, collect, receive and receipt for prevent any and all charges or rents which become due to Owner, and (iii) take such legal action, at Owner's expense, as may be necessary or desirable to evict tenants delinquent in payment of monthly rental, other charges (security deposits, late charges, etcMaterial Adverse Change.); (d) use its best efforts at all times during the term of this Agreement to operate and maintain the Property according to the highest standards achievable consistent with the operation of comparable quality units; (e) advertise when necessary, at Owner's expense, the availability for rental for the Property units and display "for rent" or other similar signs upon the Property, it being understood that Manager may install one or more signs on or about the Property stating that same is under management of Manager and may use in a tasteful manner Manager's name and logo in any display advertising which may be done on behalf of the Property; and (f) sign, renew and cancel tenant leases for the Property, in compliance with standards established by Owner to bona fide individuals, for monthly rentals established from time to time by Owner, based on Manager's recommendations; provided, however, that Property Employees, as a condition of employment, may occupy apartment units on a month-to-month basis with or without an executed tenant lease.

General Operation. The Existing Manager shall operate will continue to manage the Property during the period between the Effective Date and the Subsequent Closing. Except as otherwise contemplated or permitted by this Agreement or approved by the Partnership in writing, from the Effective Date to the Subsequent Closing Date, each Contributor will, and will cause the Property Owner and the Existing Manager to, (i) operate, maintain, repair, and lease the Property in the same manner as is customary accordance with applicable Law and usual in the operation Ordinary Course and consistent with such Person’s past practices, including, without limitation, past practices regarding payment of comparable facilitiestrade payables or other liabilities, (ii) perform in all material respects all of landlords’ obligations under the Leases (other than Leases that are in the process of being terminated due to a Tenant’s default thereunder), not apply any tenant’s security deposit unless the tenant is out of its premises, not grant any concessions or reductions in rent or otherwise modify any Lease or waive compliance with any provision thereof, except in the Ordinary Course and consistent with current practice and Section 8.4 below, (iii) not dispose of or encumber all or any portion of the Property, except for dispositions or replacement of immaterial amounts of personal property in the Ordinary Course, (iv) not grant any raises to or terminate employment of any employees, (v) keep and maintain all existing insurance policies covering the Property in continuous force and effect, (vi) make timely payments of all principal and interest and reserve and escrow deposits required under the Loan Documents, and (vii) preserve the existence and good standing of Property Owner, the Contributed Entity and their Subsidiaries. Without limiting the foregoing, each Contributor shall, and shall provide such services as are customarily provided by operators of apartment properties of comparable class and standing consistent with cause the Property's facilities. In addition to the other obligations of Manager set forth hereinContributed Entity, Manager shall render the following services and perform the following duties for Owner in a faithful, diligent and efficient manner: (a) coordinate the plans of tenants for moving their personal effects into the Property or out Owner, their Subsidiaries and the Existing Manager to, in the Ordinary Course, file all renewal applications for the applicable Permits on a timely basis, enforce the Leases in all material respects and pay all costs and expenses of itthe Property which are the applicable Person’s responsibility to pay. Additionally, with a view toward scheduling such movements so the Contributor agrees that there shall be a minimum of inconvenience it will, and will cause each Contributed Entity, the Property Owner and their Subsidiaries to other tenants; (b) maintain business like relations with tenants whose service requests shall be received, considered and recorded in systematic fashion in order to show the action taken with respect to each; (c) use its best commercially reasonable efforts to (i) collect all monthly rents due from tenants and rent from users or lessees of other non-dwelling facilities on the Property, if any; (ii) request, demand, collect, receive and receipt for prevent any and all charges or rents which become due to Owner, and (iii) take such legal action, at Owner's expense, as may be necessary or desirable to evict tenants delinquent in payment of monthly rental, other charges (security deposits, late charges, etcMaterial Adverse Change.); (d) use its best efforts at all times during the term of this Agreement to operate and maintain the Property according to the highest standards achievable consistent with the operation of comparable quality units; (e) advertise when necessary, at Owner's expense, the availability for rental for the Property units and display "for rent" or other similar signs upon the Property, it being understood that Manager may install one or more signs on or about the Property stating that same is under management of Manager and may use in a tasteful manner Manager's name and logo in any display advertising which may be done on behalf of the Property; and (f) sign, renew and cancel tenant leases for the Property, in compliance with standards established by Owner to bona fide individuals, for monthly rentals established from time to time by Owner, based on Manager's recommendations; provided, however, that Property Employees, as a condition of employment, may occupy apartment units on a month-to-month basis with or without an executed tenant lease.

General Operation. Manager shall operate the Property 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 apartment properties projects of comparable class and standing consistent with the PropertyProject'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 a timely, faithful, diligent and efficient manner: (a) coordinate the plans of tenants for moving their personal effects into the Property 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 business like businesslike relations with tenants whose service requests shall be received, considered and recorded in systematic fashion in order to show the action taken with respect to each; (c) use its best commercially reasonable efforts to (i) collect all monthly rents due from tenants and rent from for users or lessees of other non-dwelling facilities on in the PropertyProject, if any; (ii) request, demand, collect, receive and receipt for any and all charges or rents which become due to Owner, and (iii) take such legal action, at Owner's expense, take such legal action as may be necessary or desirable to evict tenants delinquent in payment of monthly rental, other charges (security deposits, late charges, etc.); (d) use its best efforts at prepare or cause to be prepared for execution and filing by the Manager as an independent contractor all times during forms, reports and returns required by all federal, state or local laws in connection with the term of this Agreement to operate unemployment insurance, workers' compensation insurance, disability benefits, Social Security and maintain the Property according other similar taxes now in effect or hereafter imposed, and also any other requirements relating to the highest standards achievable consistent with the operation employment of comparable quality unitspersonnel; (e) advertise when necessary, at Owner's expenseexpense and approval, the availability for rental for the Property 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 PropertyProject, it being understood that Manager may install one or more signs on or about the Property Project stating that same is under management of Manager and may use in a tasteful manner Manager's Manager1s name and logo in any display advertising which may be done on behalf of the PropertyProject; and (f) sign, renew and cancel tenant leases for the Property, in compliance with standards established Project for terms and on forms agreed to by Manager and approved by Owner (or on a month to month basis following the expiration of the initial term of a tenant lease) to bona fide individuals, for monthly rentals established from time to time by Owner, individuals based on upon Manager'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 “Bexx Xartners” or “Bexx” (collectively, the "Bexx Xrand Rights"), Owner shall not be entitled to any right, title or interest of Manager in the Bexx Xrand Rights. Owner, at its cost, shall immediately cease using any Bexx Xrand Right and shall replace all signage and all collateral material that contains a Bexx Xrand Right (1) during the term of this Agreement within 30 days after a request to do so by Bexx; provided, however, that Property Employees, as a condition and (2) within 30 days after the termination of employment, may occupy apartment units on a month-to-month basis with or without an executed tenant lease.this Agreement;