APPOINTMENT AND AUTHORITY OF AGENT. The Corporation, on behalf of the Fund, appoints the Distributor as its principal underwriter, to sell shares of the Fund’s beneficial interest during the term of this Agreement. While this Agreement is in force, the Distributor agrees to use its best efforts to find purchasers for shares of the Fund. The Distributor shall sell, as agent on behalf of the Fund, the shares needed, but not more than the shares needed (except for clerical errors and errors of transmission), to fill unconditional orders placed with the Distributor, and the price which the Fund shall receive for shares so purchased shall be the net asset value used in determining the public offering price on which such orders were based. (The term “net asset value” as used in this Agreement shall have the meaning assigned to it in the Fund’s Bylaws, as amended from time to time). The Distributor shall notify the Custodian of the Fund, at the end of each business day, or as soon thereafter as the orders placed with it in such period have been compiled, of the number of shares and the prices thereof which the Distributor shall have sold on behalf of the Fund. The Distributor shall use its best efforts to cause the sums due for shares ordered from the Fund to be collected or to be advanced to the Fund on behalf of the purchasers on or before the third business day (excluding Saturdays) after the shares have been so ordered. The agency of the Distributor shall be exclusive, except that it shall not apply to (1) shares issued in connection with the merger or consolidation of any other investment company or entity with the Fund or the non-taxable acquisition, by purchase or otherwise, of all (or substantially all) of the assets or the outstanding shares of any company by the Fund, or (2) shares which may be offered by the Fund to its shareholders for reinvestment of dividends and capital gains distributions, whether declared in cash or in shares or cash at the option of the shareholder. The Corporation may suspend the sale of its Fund shares at any time by notice to the Distributor for such period of time as the Corporation deems desirable. Such a suspension of sale shall not effect a termination of this Agreement.
APPOINTMENT AND AUTHORITY OF AGENT. Each Lender Party hereby irrevocably authorizes Agent, and Agent hereby undertakes, to receive payments of principal, interest and other amounts due hereunder as specified herein and to take all other actions and to exercise such powers under the Loan Documents as are specifically delegated to Agent by the terms hereof or thereof, together with all other powers reasonably incidental thereto. The relationship of Agent to the other Lender Parties is only that of one commercial lender acting as administrative agent for others, and nothing in the Loan Documents shall be construed to constitute Agent a trustee or other fiduciary for any holder of any of the Notes or of any participation therein nor to impose on Agent duties and obligations other than those expressly provided for in the Loan Documents. With respect to any matters not expressly provided for in the Loan Documents and any matters which the Loan Documents place within the discretion of Agent, Agent shall not be required to exercise any discretion or take any action, and it may request instructions from Lenders with respect to any such matter, in which case it shall be required to act or to refrain from acting (and shall be fully protected and free from liability to all Lenders in so acting or refraining from acting) upon the instructions of Required Lenders (including itself), provided, however, that Agent shall not be required to take any action which exposes it to a risk of personal liability that it considers unreasonable or which is contrary to the Loan Documents or to applicable Law. Upon receipt by Agent from Borrower of any communication calling for action on the part of Lenders or upon notice from any other Lender Party to Agent of any Default or Event of Default, Agent shall promptly notify each other Lender Party thereof.
APPOINTMENT AND AUTHORITY OF AGENT. 1.1 Owner owns fee title to the real property identified on Exhibit A attached hereto and made a part hereof (the "Premises"). Owner hereby appoints Agent as the exclusive managing and renting agent for the Premises, and hereby authorizes Agent to exercise such powers with respect to the Premises as may be necessary for the performance of Agent's obligations under Article II, and Agent accepts such appointment on the terms and conditions hereinafter set forth for the term as provided in Article V. Agent shall have no right or authority, express or implied, to commit or otherwise obligate Owner in any manner whatsoever except to the extent specifically provided herein and agrees that it shall not hold itself out as having authority to act on behalf of Owner in any manner which is beyond the scope of authority granted to Agent in this Agreement.
APPOINTMENT AND AUTHORITY OF AGENT a) Owner hereby appoints Agent as the sole and exclusive Agent to rent, lease, manage, collect and receipt for rents and operate the Premises. The Owner, however, retains the right to make management decisions concerning establishing parameters for new tenants, rental terms, and capital or repair expenditures as described in paragraph 4, and must advise Agent of these terms at onset of the Agreement. Agent is authorized to negotiate, prepare, and execute all leases, including renewals and extensions of leases, and to cancel and modify existing leases, utilizing Agent forms and Agreements exclusively. Owner agrees to all terms and provisions within Agent forms and Agreements pertaining to tenants and prospective tenants, and Agent may be referred to as “Landlord,” “Management,” and/or “Agent for Owner.”
b) During the term of this Agreement, Owner shall not authorize any other persons to negotiate or act as rental agent with respect to any leases for the Premises. Owner, or any third party acting on Owner’s behalf shall not have any contact whatsoever with any tenant, nor shall Owner visit the Premises unannounced or without proper notice given to tenant by Agent.
c) Agent and Owner agree to follow all Federal and Local Fair Housing Laws.
d) It is agreed that Agent is entitled to compensation as provided herein in connection with any lease that may be executed during the term of this Agreement, even if said lease was negotiated by the Owner or any other party. Agent shall be paid compensation at the rate as provided herein in connection with any lease which is being negotiated at thetime of termination of this Agreement if thetenantwasintroduced to the Premises by Agent.
e) Owner warrants that Owner is the sole Owner of the Premises, or has unconditional authority to execute this Agreement on behalf of any Co-Owner and that the Premises are not subject to current legal action or foreclosure. Any individual Owner shall have authority to hereafter take action and enter into further agreements with Agent on behalf of all Co- Owners.
f) Agent is authorized to place a lock box on the Premises when vacant.
g) Agent is not responsible for damage that occurs at the Premises while vacant.
h) Owners of new accounts or in any circumstance where the Premises is Tenant occupied, agree to provide an accounting of all security deposits, and to supply Agent with matching funds prior to the execution of this Agreement.
APPOINTMENT AND AUTHORITY OF AGENT. The Bank appoints the Agent to:
(a) (operate) operate the Branch;
(b) (promote) promote the Banking Products and Services offered by the Bank;
(c) (manage products and services) manage the administration of Banking Products and Services provided by the Bank to its customers through the Branch as directed by the Bank;
(d) (facilitate) facilitate customer Banking Products and Services transactions;
(e) (report) report Branch sales activity to the Bank;
(f) (manage complaints) manage customer complaints as directed by the Bank; and
(g) (other) perform any other tasks in connection with the operation of the Branch as directed by the Bank.
APPOINTMENT AND AUTHORITY OF AGENT. 1.1 Owner owns a shopping center (referred to as the `Premises"), identified on Exhibit A attached hereto and made a part hereof: Owner hereby appoints Agent as the sole and exclusive managing and leasing agent for the Premises, and hereby authorizes Agent to exercise such powers with respect to the Premises as may be necessary for the performance of Agent's obligations under Article II, arid Agent accepts such appointment on the terms and conditions hereinafter set forth for a term as provided in Article V and agrees to manage, operate and maintain the Property in a faithful and diligent manner, subject to the terms and conditions in this Agreement. Agent shall have no right or authority, express or implied, to commit or otherwise obligate Owner in any manner whatsoever except to the extent specifically provided herein.
APPOINTMENT AND AUTHORITY OF AGENT. (a) Except as expressly set forth in this Agreement to the contrary, each Buyex xxx appointed and designated the Agent under the Administration Agreement for the purpose of performing any action hereunder and under the other Program Documents and authorizes Agent to take such actions on its behalf and to exercise such powers as are delegated to Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. It is understood and agreed that the use of the term “agent” (or any other similar term) herein or in any other Program Document with reference to Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties. LEGAL02/41245355v3
(b) Seller, on behalf of itself and its Affiliates, hereby authorizes Agent and each Buyer to do any of the following: instruct the remittance of, or remit, proceeds by Agent to any Buyer as agreed to by Buyexx, xxd the Seller waives any right which it may have to direct such remittance.
(c) Agent, or any agent or agents hereafter appointed, at any time may resign by giving thirty (30) days’ prior written notice of resignation to the Seller and Buyer Entities (as defined in the Administration Agreement) and complying with the applicable provisions of this Section 17(c); provided, however, that such resignation is not effective until such time that a replacement is appointed. A successor Agent shall be promptly appointed by all Required Buyers (as defined in the Administration Agreement) and consented to by the Seller, by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Agent and one copy to the successor Agent; provided that, if no successor Agent shall have been so appointed and have accepted appointment within thirty (30) days after the giving of such notice of resignation, the resigning Agent may petition any court of competent jurisdiction for the appointment of a successor Agent.
(d) Any successor Agent appointed as provided in Section 17(c) hereof shall execute and deliver to the Seller, Buyer Entities (as defined in the Administration Agreement) and to its predecessor Agent an instrument accepting such appointment, and thereupon the resignation or removal of the predecessor Agent shall becom...
APPOINTMENT AND AUTHORITY OF AGENT. Owner hereby appoints and retains Agent as the exclusive agent and representative of Owner for the purpose of operating, maintaining, and managing the Property. Owner xxxxxx agrees to execute any and all documents reasonably necessary to confer such power to Agent. Agent xxxxxx accepts such appointment on the terms and conditions set forth. It is expressly understood and agreed that this Agreement shall cause Agent to be, at law, an agent of Owner.
APPOINTMENT AND AUTHORITY OF AGENT. A. Owner hereby appoints AGENT as the sole and exclusive agent to rent, lease, manage, collect and receipt for rents and operate the PREMISES. The OWNER, however, may retain the right to make all management decisions as they pertain to establishing parameters for new tenants, rental terms, and capital or repair expenditures, and must advise AGENT in writing.
B. AGENT is authorized to secure the services of other real estate brokers and conduct other marketing activities for purposes of securing a new tenant. It is agreed that the AGENT is entitled to compensation as provided herein in connection with any lease that may be negotiated during the term of this agreement, even if said lease was negotiated by the OWNER, or any other party. Additionally, AGENT shall be paid compensation at the rate as rovided herein in connection with any lease which is being negotiated at the time of termination of this agreement if the applicant is introduced to the PREMISES BY AGENT.
APPOINTMENT AND AUTHORITY OF AGENT. 1.1 Owner owns the shopping centers (each individually referred to as the "Premises"), identified on Exhibit A attached hereto and made a part hereof. Owner hereby appoints Agent as the exclusive managing and leasing agent for the Premises, and hereby authorizes Agent to exercise such powers with respect to the Premises as is permitted herein, and as may be necessary for the performance of Agent's obligations under Article II, and Agent accepts such appointment on the terms and conditions hereinafter set forth for the term provided in Article V. Agent shall have no right or authority, express or implied, to commit or otherwise obligate Owner in any manner whatsoever except to the extent specifically provided herein and agrees that it shall not hold itself out as having authority to act on behalf of Owner in any manner which is beyond the scope of the terms of this Agreement.
