Common use of Appointment and Duties of the Manager Clause in Contracts

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager, as agent, to manage the investments and day-to-day business and affairs of the Company and its Subsidiaries, subject at all times to the further terms and conditions set forth in this Agreement and to the supervision of the Board. Except as otherwise provided in this Agreement, the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, provided that the Company reimburses the Manager for costs and expenses in accordance with Section 7 hereof. The appointment of the Manager shall be exclusive to the Manager, except to the extent that the Manager elects, in its sole and absolute discretion, subject to the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third parties and/or its Affiliates.

Appointment and Duties of the Manager. (a) The Company, Operating Company and each of the other Subsidiaries hereby appoints appoint the Manager, as agent, Manager to manage the investments assets and the day-to-day business and affairs operations of the Company, Operating Company and its Subsidiaries, the other Subsidiaries subject at all times to the further terms and conditions set forth in this Agreement and to the supervision of the Board. Except as otherwise provided in this Agreement, and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, provided that the Company reimburses the Manager for costs and expenses except where a higher standard of care is specified in accordance with Section 7 hereofthis Agreement, in which case such higher standard of care shall apply. The appointment of the Manager shall be exclusive to the ManagerManager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, in its sole and absolute discretion, subject to accordance with the terms of this Agreement, to cause the duties of the Manager as set forth herein hereunder to be provided by third parties and/or its Affiliatesparties.

Appointment and Duties of the Manager. (a) The Company Company, the TRS and each of the other Subsidiaries hereby appoints appoint the Manager, as agent, Manager to manage the investments assets and the day-to-day business and affairs operations of the Company Company, the TRS and its Subsidiaries, the other Subsidiaries subject at all times to the further terms and conditions set forth in this Agreement and to the supervision of the Board. Except as otherwise provided in this Agreement, the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth hereinherein except where a higher standard of care is specified in this Agreement, provided that the Company reimburses the Manager for costs and expenses in accordance with Section 7 hereofwhich case such higher standard of care shall apply. The appointment of the Manager shall be exclusive to the ManagerManager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, in its sole and absolute discretion, subject to accordance with the terms of this Agreement, to cause the duties of the Manager as set forth herein hereunder to be provided by third parties and/or its Affiliatesparties.

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager, as agent, Manager to manage the investments and day-to-day business and affairs of the Company and its Subsidiaries, subject at all times to the further terms and conditions set forth in this Agreement Agreement, to the directions of the Executive Committee and to the supervision of the Board. Except as otherwise provided in this Agreement, the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, provided that the Company reimburses the Manager for costs and expenses in accordance with Section 7 hereof. The appointment of the Manager shall be exclusive to the Manager, except to the extent that the Manager elects, in its sole and absolute discretion, subject to the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third parties and/or its Affiliates.

Appointment and Duties of the Manager. (a) The Company and each Subsidiary that becomes a party to this Agreement each hereby appoints the Manager, as agent, Manager to manage the investments and day-to-day business and affairs Assets of the Company and its Subsidiaries, each Subsidiary that becomes a party to this Agreement subject at all times to the further terms and conditions set forth in this Agreement and to the supervision of the Board. Except as otherwise provided in this Agreement, and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. Unless otherwise provided, provided that the Company reimburses appointment gives the Manager for costs discretionary authority over the Assets and expenses in accordance with Section 7 hereofthe performance of the Portfolio Management Services, as defined below. The appointment of the Manager shall be exclusive to the ManagerManager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, in its sole and absolute discretion, subject pursuant to the terms of this Agreement, to cause the duties of the Manager as set forth herein hereunder to be provided by third parties and/or its Affiliatesparties.

Appointment and Duties of the Manager. (a) The Company and the Operating Partnership (in each case, on its own behalf and on behalf of its Subsidiaries) hereby appoints appoint the Manager, as agent, Manager to manage the investments Assets and the day-to-day business and affairs operations of the Company and its Subsidiaries, Entities subject at all times to the further terms and conditions set forth in this Agreement and to the supervision of the Board. Except as otherwise provided in this Agreement, and the Manager hereby agrees to use its commercially reasonable best efforts to perform each of the duties set forth herein, provided that the Company reimburses the Manager for costs and expenses herein except where a higher standard of care is specified in accordance with Section 7 hereofthis Agreement. The appointment of the Manager shall be exclusive to the ManagerManager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, in its sole and absolute discretion, subject pursuant to the terms of this Agreement, to cause the duties of the Manager as set forth herein hereunder to be provided by third parties and/or its Affiliatesparties.