Agent’s Responsibilities. Agent agrees with SEG as follows:
(a) Agent shall maintain high standards of business conduct and shall conduct its business at all times in such a manner as will reflect favorably on SEG, its affiliates, the Licensor and the Sources, as reasonably determined by SEG, and shall avoid deceptive, misleading or unethical practices or advertising with respect to SEG, the Licensed Product and/or the Data.
(b) SEG may, at its discretion, provide Agent with demonstration copies of the Licensed Product at discounted rate. Agent and its employees may use the demonstration copies for demonstration purposes only and not for personal use.
(c) Agent shall at all times comply with the conditions of this Agreement and all SEG Policies.
(d) Agent shall conduct business in its own name, and have and maintain, at its own expense, all licenses, permits and consents required to conduct its business and to perform its obligations under this Agreement including without limitation registration as a Broker/Dealer if Agent is a Broker Agent.
(e) Agent shall under no circumstances make any warranty, representation, covenant or agreement of any nature or kind on behalf of or purported to be binding on SEG or the Licensor unless previously expressly authorized in writing to do so by SEG. Agent shall not accept or purport to accept any Subscription Agreement on behalf of SEG or the Licensor.
(f) Agent acknowledges that:
(i) It has reviewed and understands the Subscriber Agreement and all of the representations, warranties, indemnities and disclaimers set forth therein;
(ii) It will not make or permit its employees or representatives to make any representation to any prospective Subscriber, which in any manner whatsoever contradicts the terms, or provisions contained in the Subscriber Agreement and will provide a copy of the Subscriber Agreement to each prospective Subscriber on request.
(g) Agent acknowledges: (i) neither SEG nor the Licensor provides any investment advice; (ii) neither SEG nor the Licensor provides any clearing services; (iii) the Licensed Product and Data provided through the Licensed Product are not intended to provide legal, investment or tax advice and any Subscriber requiring such advice must consult professional advisors; and (iv) Neither SEG nor the Licensor assume any responsibility and shall not be liable to Agent, Subscribers or any other person for any decision made or action taken in reliance upon the Licensed Product, the Data or any other information or ...
Agent’s Responsibilities. Agent shall appoint a manager to manage the Property (the “Property Manager”). The Property Manager shall be Agent’s primary representative in managing the Property, and Agent shall keep Owner apprised of the identity and contact information of the Property Manager at all times. Agent’s authorities, duties, and responsibilities in connection with the Property’s management shall be as follows:
2.1. Agent shall make its best commercial efforts to collect, and enforce the collection of, all rentals and other charges due Owner from tenants or other occupants of the Property in accordance with the terms of their leases or rental agreements.
2.2. From Owner’s funds or as otherwise directed by Owner in writing, Agent is authorized to make all payments for the operation of the Property as indicated below. Agent shall cause to be disbursed regularly and punctually, (a) the aggregate amount required to be paid under the loan documents affecting the Properties, including amounts due for interest, amortization of principal and allocation to reserves or escrow funds, and (b) unless paid pursuant to a reserve established under such loan documents, the amount of all ad valorem taxes and other impositions levied against the Property and all insurance policy premiums, which shall be paid before delinquent or prior to the addition thereto of any interest or penalties. Agent is responsible for maintaining appropriate cash disbursement policies and procedures to ensure the appropriate controls over disbursement and shall deliver written notice to Owner if Owner’s funds held by Agent are projected to be insufficient for the payments indicated below. If Owner elects to make any or all payments associated with the Property, Owner shall make such payments in a timely fashion and provide Agent with such documentation and accounting procedures for said payments as Agent deems necessary to fulfill Agent’s responsibilities for operation of the Property. Responsibility for payments for specific items is as follows:
Agent’s Responsibilities. The Agent accepts the employment and agrees:
Agent’s Responsibilities. 2.1. Agent shall provide as-needed supervision of all construction and administrative personnel required for each construction project, including any contractors, consultants, legal counsel, and accounting personnel. All employees (except independent contractors retained by Agent on behalf of Owner from time to time) shall be employed directly by Agent who shall be solely responsible for fulfilling all payroll tax functions with respect to the same.
2.2. Agent shall use commercially reasonable due diligence in the construction management for each project and furnish the full services of its organization in the management of such project.
2.3. Agent shall review and approve the monthly xxxxxxxx of the general contractor (which xxxxxxxx shall be subject to inspection by Owner at all times).
2.4. Agent shall procure and maintain such public liability and fire insurance for each project as directed by Owner with Owner and Agent named as additional insureds.
2.5. Agent shall not be obligated to make any monetary advance or incur any liability for the account of the Owner.
2.6. Agent shall diligently oversee and coordinate any capital improvements for the Property pursuant to plans approved from time to time by Owner (including any so-called “Required Repairs” or “Scheduled Renovations” as may be required by any loan documents affecting the Property and all approved plans, budgets and schedules therefor).
Agent’s Responsibilities. Agent shall work diligently and use commercially reasonable efforts to procure tenants or occupants for the leasing or rental of the Property, including hiring, supervising, and terminating leasing brokers to assist in the leasing of available spaces, provided that such leasing brokers are not “Affiliates of Agent” (as defined in Addendum A to the Management Agreement) and charge customary market fees. Agent shall seek to fully lease and market the Property in at least an equal and comparable manner to the management, leasing and marketing efforts of Agent and Affiliates of Agent with respect to other properties which Agent or any Affiliates of Agent own, has an interest in, or manages, and shall not induce any of the tenants or occupants of the Property to vacate or terminate any of their leases or rental agreements at any of the properties owned by Owner or its “Affiliates” (as defined in the Management Agreement) in favor of relocating to any other property which Agent or any Affiliates of Agent owns, has an interest in, or manages. Agent shall prepare all leases, rental agreements, and modifications thereof including new leases, rental agreements, renewals, amendments, extensions, modifications, terminations, and all other such documents as may be necessary for the duties of Agent described herein and to the extent permitted pursuant to Section 5 of this Addendum C, Agent shall execute, on Owner’s behalf (and without Owner’s specific approval) such documents. Agent shall furnish Owner a fully executed original of said documents. Agent shall execute such listing agreements as are necessary to perform this function, and Owner shall be responsible for payment of all commissions due under the listing agreements to the extent such amounts have been itemized in the “Budget” (as defined in Addendum A to the Management Agreement).
Agent’s Responsibilities. Owner grants Agent full authority to do any and all lawful things necessary for the fulfillment of this Agreement, including the following:
i. To use diligence in managing the premises and to rent, lease, and operate the premises.
ii. To collect all rents and other monies from Tenant as they become due. Agent does not guarantee tenant obligations. Agent may employ collection agencies, attorneys, or any other reasonable and lawful means to collect from a Tenant. Agent is responsible for suing and recovering, including settlement, for rent and for loss or damage to any part of the property. Agent is not responsible for mortgage payments, taxes, fire or other insurance premiums, or any recurring expenses.
iii. To render to Owner a monthly accounting of rents received and expenses paid; and to remit to Owner all income, less any sums paid out, on or before the _ day of the current month, provided, however, that the rent has been received from the tenant.
iv. Agent agrees to decorate, to maintain, improve and to repair the property and to hire and to supervise all employees and other needed labor. Agent is not responsible for any damage to premises by Tenants or others. ☐ Any improvements and repairs that exceed $ must receive approval from Owner. ☐ Not applicable.
v. Agent agrees to advertise for, screen, and select tenants in compliance with all relevant laws and regulations. Agent will set rents that reflect the market conditions, unless otherwise instructed in writing by the Owner.
Agent’s Responsibilities. It is agreed that the authorities, duties, and responsibilities of Agent in connection with the management of said property shall be as follows:
1. Agent shall supervise the collection of rents and other charges due the Owner. Agent will provide monthly statements of same. Agent shall advertise the property for lease at the Owner’s expense in any manor that Agent deems appropriate. The usual advertising is $5.00 per day for each property until leased.
2. It is understood by Owner that the Management Company retains all late fees and NSF fees paid by Tenant to help offset the extra costs and labor involved in collecting late rent.
3. Agent will provide a statement that summarizes the entire year along with the 1099 form to the owner.
4. Agent shall do everything reasonably necessary for the proper management of the property including periodic inspections, the supervision of maintenance and arranging for such improvements, alterations, and repairs as may be required by Owner on Owner’s behalf. In the case of an emergency which requires immediate repairs or alterations, if Owner is not readily available for consultation, Agent shall use his/her own discretion regarding same.
Agent’s Responsibilities. Agent shall have the following responsibilities:
a. Agent shall list, advertise and attempt to rent the Property in such a manner and utilizing such means as Agent, in its sole discretion, shall determine.
b. Agent shall make a good faith effort to screen prospective Tenants, including by verifying the employment status and previous rental history of prospective Tenants, based on available information and in accordance with Agent’s standard screening process.
c. Agent shall manage the Property, including by contracting for necessary repairs; provided, however, that it shall be Owner’s sole responsibility to pay for all work done on the Property.
d. Agent shall collect all rent and other receipts regarding the Property, render a monthly accounting of receipts, charges and expenses, pay all Property expenses from the available receipts (excluding taxes, insurance and other expenses designated herein as Owner’s responsibility), and remit the balance, if any, to Owner, less Agent’s fees.
Agent’s Responsibilities. (a) Compliance with Standards. Agent will meet and comply with the Performance Standards, the Portable Standards and, if applicable, the Installation Standards at all time during the term of this Agreement, and will ensure that all of Agent's Affiliates meet and comply therewith.
Agent’s Responsibilities. Owner grants Agent full authority to do any and all lawful things necessary for the fulfillment of this Agreement, including the following:
i. To use diligence in managing the premises and to rent, lease, and operate the premises.
ii. To collect all rents and other monies from Tenant as they become due. Agent does not guarantee tenant obligations. Agent may employ collection agencies, attorneys, or any other reasonable and lawful means to collect from a Tenant. Agent is responsible for suing and recovering, including settlement, for rent and for loss or damage to any part of the property. Agent is not responsible for mortgage payments, taxes, fire or other insurance premiums, or any recurring expenses.
iii. To render to Owner a monthly accounting of rents received and expenses paid; and to remit to Owner all income, less any sums paid out, on or before the __________ day of the current month, provided, however, that the rent has been received from the tenant.
iv. Agent agrees to decorate, to maintain, improve and to repair the property and to hire and to supervise all employees and other needed labor. Agent is not responsible for any damage to premises by Tenants or others. Approval for improvements or repairs (Check one) ☐ Any improvements and repairs that exceed $____________ must receive approval from Owner. ☐ Not applicable.
v. Agent agrees to advertise for, screen, and select tenants in compliance with all relevant laws and regulations. Agent will set rents that reflect the market conditions, unless otherwise instructed in writing by the Owner.
