Common use of Authority of the Manager Clause in Contracts

Authority of the Manager. 3.4.1. Except to the extent that such authority and rights have been reserved in Article 3 as set forth above, the Manager shall have the obligation and the exclusive right to manage the day-to-day activities of the Company including, but not limited to the right to: 3.4.2. Make all decisions relating to lending on Properties, managing Company assets, and disposition of company assets; 3.4.3. Employ such agents, general contractors, independent contractors and attorneys as may be reasonably necessary to carry out the purposes of this Agreement; 3.4.4. Obtain, negotiate and execute all documents necessary or appropriate to accomplish the Company’s objectives; 3.4.5. Establish a reasonable reserve for operation of the business of the Company and potential future and contingent Company liabilities; 3.4.6. Pay, collect, compromise, arbitrate or otherwise adjust any and all claims or demands of or against the Company; provided, however, that any settlement of a claim which is in excess of insurance proceeds shall be subject to the prior approval of the Manager; 3.4.7. Prepare plans of development, and work with the C.P.A. firm, if deemed necessary by the Manager, in its preparation of Company budgets and financial reports necessary or appropriate to the Company's operation, including but not limited to, all federal and state tax returns and reports; 3.4.8. Engage in any kind of legal activity and perform and carry out contracts of any kind necessary or incidental to, or in connection with the acquiring properties as described in Section 1.5.

Appears in 3 contracts

Samples: Operating Agreement (Capital Cities Fund, LLC), Operating Agreement (Capital Cities Fund, LLC), Operating Agreement (Capital Cities Fund, LLC)

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Authority of the Manager. 3.4.1. Except to the extent that such authority and rights have been reserved in Article 3 as set forth above, the Manager shall have the obligation and the exclusive right to manage the day-to-day activities of the Company including, but not limited to the right to: 3.4.2. Make all decisions relating to lending on Properties, managing Company assets, and disposition of company assets; 3.4.3. Employ such agents, general contractors, independent contractors and attorneys as may be reasonably necessary to carry out the purposes of this Agreement; 3.4.4. Obtain, negotiate and execute all documents necessary or appropriate to accomplish the Company’s 's objectives; 3.4.5. Establish a reasonable reserve for operation of the business of the Company and potential future and contingent Company liabilities; 3.4.6. Pay, collect, compromise, arbitrate or otherwise adjust any and all claims or demands of or against the Company; provided, however, that any settlement of a claim which is in excess of insurance proceeds shall be subject to the prior approval of the Manager; 3.4.7. Prepare plans of development, and work with the C.P.A. firm, if deemed necessary by the Manager, in its preparation of Company budgets and financial reports necessary or appropriate to the Company's operation, including but not limited to, all federal and state tax returns and reports; 3.4.8. Engage in any kind of legal activity and perform and carry out contracts of any kind necessary or incidental to, or in connection with the acquiring properties as described in Section 1.5.

Appears in 1 contract

Samples: Operating Agreement (Capital Cities Fund, LLC)

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