Common use of Authority As To Tenants, Etc Clause in Contracts

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager; (i) to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof; (ii) with Owner’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 5 contracts

Samples: Property Management and Leasing Agreement (Behringer Harvard Opportunity REIT I, Inc.), Property Management and Leasing Agreement (Behringer Harvard Reit I Inc), Property Management Agreement (Hartman Commercial Properties Reit)

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Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager for Owner, or in the name or Owner entered into by Manager as Owner’s 's authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s 's fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s 's approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or broker’s 's commission; and Manager need not account for such charges and/or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager; (i) to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof; (ii) with Owner’s 's authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys' fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 3 contracts

Samples: Property Management and Leasing Agreement (Behringer Harvard Opportunity REIT I, Inc.), Property Management and Leasing Agreement (Behringer Harvard Reit I Inc), Property Management and Leasing Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such these matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such the Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of duly qualified and licensed leasing personnel responsible for the leasing of the each Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or or broker’s commission; and Manager need not account for such charges and/or or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such any notices as are deemed necessary by Manager; (ig) to institute and prosecute actions to evict tenants and to recover possession of the each Property or portions thereof;; and (iih) with Owner’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such the actions or suits, or reinstate such the tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such the litigation.

Appears in 3 contracts

Samples: Property Management & Real Estate (Behringer Harvard REIT II, Inc.), Property Management & Real Estate (Behringer Harvard REIT II, Inc.), Property Management & Real Estate (Behringer Harvard REIT II, Inc.)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager;: (i) to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof;; and (ii) with Owner’s authorization, to xxx sxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 3 contracts

Samples: Property Management and Leasing Agreement (Carter Validus Mission Critical REIT, Inc.), Property Management and Leasing Agreement (Cole Retail Income Trust, Inc.), Property Management and Leasing Agreement (Cole Credit Property Trust III, Inc.)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which which, unless otherwise provided herein, shall be exercised either in the name of Manager, as Manager for Owner, or in the name or of Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters); provided, however, that Owner will not assume or be responsible for any costs or expenses that (x) have not been previously approved by Owner in writing (including, without limitation, as set forth herein), (y) have not been previously approved by Owner as part of the Annual Budget, or (z) are not permitted under Section 2.6(d): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by lawlaw and subject to the terms and conditions of the Leases; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (fc) with Owner’s prior written authorization, to terminate tenancies and to sign and serve in the name of Owner of each Property such notices related thereto as are deemed necessary by Manager; (id) with Owner’s prior written authorization, to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof;; and (iie) with Owner’s prior written authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation that Manager participates in, at Owner’s prior written request, including, but not limited to, attorneys’ fees, filing fees, fees and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 2 contracts

Samples: Property Management Agreement (Behringer Harvard Reit I Inc), Master Modification Agreement (Behringer Harvard Reit I Inc)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager;: (i) to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof;; and (ii) with Owner’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 2 contracts

Samples: Property Management and Leasing Agreement (Cole Credit Property Trust III, Inc.), Property Management and Leasing Agreement (Cole Credit Property Trust III, Inc.)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such each Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of duly qualified and licensed leasing personnel responsible for the leasing of the each Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager; (ig) to institute and prosecute actions to evict tenants and to recover possession of the each Property or portions thereof;; and (iih) with Owner’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 2 contracts

Samples: Property Management and Leasing Agreement (Behringer Harvard Opportunity REIT II, Inc.), Property Management and Leasing Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Authority As To Tenants, Etc. Owner agrees and does Manager hereby give Manager delegates to Subcontractor the following exclusive authority and powers (all of which shall be exercised either in the name of ManagerSubcontractor, as Manager for Ownermanager of the Property, or in the name or of Owner entered into by Manager Subcontractor as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each the Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties Property to tenantstenants (subject to Owner’s approval); (c) to pay all expenses of leasing such the Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees, fees of attorneys approved by Manager, and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager Subcontractor does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that Leases, all of which shall be subject to Manager obtaining Manager’s and Owner’s approval; (e) to collect from charge tenants all or any of the following, subject to the approval of Owner and Manager and in accordance with the terms of the applicable Lease: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or broker’s commission; and Manager need not Subcontractor shall account for such charges and/or commission to OwnerManager; (f) to terminate tenancies at the Property and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by ManagerSubcontractor; (ig) to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof;; and (iih) with Owner’s and Manager’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, and court costs that Manager Subcontractor shall incur in connection with the collecting of rent and other sums, or to recover possession of any the Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager Subcontractor, Manager, and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Behringer Harvard Reit I Inc)

Authority As To Tenants, Etc. Subject in all events to the terms of the approved budgets, and subject to the provisions of the Operating Agreements requiring the joint consent of the members of Owner and Owner Parent, as applicable, Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties Property to tenants; (c) to pay all expenses of leasing such Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager;: (i) to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof;; and (ii) with Owner’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any the Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Carter Validus Mission Critical REIT, Inc.)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager for Owner, or in the name or Owner entered into by Manager as Owner’s 's authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s 's fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s 's approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or broker’s 's commission; and Manager need not account for such charges and/or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager; (i) to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof; (ii) with Owner’s 's authorization, to xxx for and in the name of Owner of the Property and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys' fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 1 contract

Samples: Property Management and Leasing Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such each Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the each Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility collectability of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager; (ig) to institute and prosecute actions to evict tenants and to recover possession of the each Property or portions thereof;; and (iih) with Owner’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation includinglitigation, but not limited to, including attorneys’ fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the each Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 1 contract

Samples: Property Management and Leasing Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by lawlaw and subject to the terms and conditions of the Leases; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (dc) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (ed) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (fe) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager; (if) to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof;; and (iig) with Owner’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 1 contract

Samples: Property Management and Leasing Agreement (Behringer Harvard Reit I Inc)

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Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager for Owner, or in the name or Owner entered into by Manager as Owner’s 's authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s 's fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases leases and renewals and cancellations of existing Leases that leases which shall be subject to Manager obtaining Owner’s 's approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or broker’s 's commission; , and Manager need not account for such charges and/or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager; (ia) to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof; (iib) with Owner’s 's authorization, to xxx for and in the name of Owner of the Property and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys' fees, filing fees, and court costs that which Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 1 contract

Samples: Property Management and Leasing Agreement (Behringer Harvard Real Estate Investment Trust I Inc)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by lawlaw and subject to the terms and conditions of the Leases; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (dc) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (ed) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (fe) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager; (if) to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof;; and (iig) with Owner’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, fees and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 1 contract

Samples: Master Modification Agreement (Behringer Harvard Reit I Inc)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by lawlaw and subject to the terms and conditions of the leases; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such each Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of duly qualified and licensed leasing personnel responsible for the leasing of the each Property; (dc) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility collectability of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (ed) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (fe) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager; (if) to institute and prosecute actions to evict tenants and to recover possession of the each Property or portions thereof;; and (iig) with Owner’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation includinglitigation, but not limited to, including attorneys’ fees, filing fees, fees and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the each Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 1 contract

Samples: Property Management and Leasing Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager; (i) to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof; (ii) with Owner’s authorization, to xxx sxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 1 contract

Samples: Property Management and Leasing Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of leasing personnel responsible for the leasing of the Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility collectability of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager; (i) to institute and prosecute actions to evict tenants and to recover possession of the Property or portions thereof; (ii) with Owner’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 1 contract

Samples: Property Management and Leasing Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager manager for Owner, or in the name or of Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such these matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by law; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such the Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of duly qualified and licensed leasing personnel responsible for the leasing of the each Property; (d) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (e) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or or broker’s commission; and Manager need not account for such charges and/or or commission to Owner; (f) to terminate tenancies and to sign and serve in the name of Owner of each Property such any notices as are deemed necessary by Manager; (ig) to institute and prosecute actions to evict tenants and to recover possession of the each Property or portions thereof;; and (iih) with Owner’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such the actions or suits, or reinstate such the tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such the litigation.

Appears in 1 contract

Samples: Property Management & Real Estate (Behringer Harvard REIT II, Inc.)

Authority As To Tenants, Etc. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager manager for Owner, or in the name or Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to advertise each Property or any part thereof and to display signs thereon, as permitted by lawlaw and subject to the terms and conditions of the leases; (b) to lease the Properties to tenants; (c) to pay all expenses of leasing such each Property, including but not limited to, newspaper and other advertising, signage, banners, brochures, referral commissions, leasing commissions, finder’s fees and salaries, bonuses and other compensation of duly qualified and licensed leasing personnel responsible for the leasing of the each Property; (dc) to cause references of prospective tenants to be investigated, it being understood and agreed by the parties hereto that Manager does not guarantee the creditworthiness or collectibility of accounts receivable from tenants, users or lessees; and to negotiate new Leases and renewals and cancellations of existing Leases that shall be subject to Manager obtaining Owner’s approval; (ed) to collect from tenants all or any of the following: a late rent administrative charge, a non-negotiable check charge, credit report fee, a subleasing administrative charge and/or or broker’s commission; and Manager need not account for such charges and/or commission to Owner; (fe) to terminate tenancies and to sign and serve in the name of Owner of each Property such notices as are deemed necessary by Manager; (if) to institute and prosecute actions to evict tenants and to recover possession of the each Property or portions thereof;; and (iig) with Owner’s authorization, to xxx for and in the name of Owner and recover rent and other sums due; and to settle, compromise, and release such actions or suits, or reinstate such tenancies. All expenses of litigation including, but not limited to, attorneys’ fees, filing fees, and court costs that Manager shall incur in connection with the collecting of rent and other sums, or to recover possession of any Property or any portion thereof, shall be deemed to be an operational expense of the Property. Manager and Owner shall concur on the selection of the attorneys to handle such litigation.

Appears in 1 contract

Samples: Property Management and Leasing Agreement (Behringer Harvard Opportunity REIT II, Inc.)

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