Books of Accounts. Manager shall maintain adequate and separate books and records for the Property with the entries supported by sufficient documentation to ascertain their accuracy with respect to the Property. Manager shall maintain such books and records at Manager’s office at Manager’s address as set forth in Section 13.1. Manager shall ensure such control over accounting and financial transactions as is reasonably necessary to protect Owner’s assets from theft, error or fraudulent activity. To the extent not reimbursed by insurance proceeds, Manager shall bear losses arising from such instances, including, without limitation, the following: (a) theft of assets by Manager or its employees or affiliates; (b) overpayment or duplicate payment of invoices arising from either fraud or gross negligence, unless reimbursement or credit is subsequently received; (c) overpayment of labor costs arising from either fraud or gross negligence, unless reimbursement or credit is subsequently received; (d) overpayment resulting from kickbacks from suppliers to Manager or its employees or affiliates arising from the purchase of goods or services for the Property; and (e) unauthorized use of facilities by Manager or its employees or affiliates.
Appears in 6 contracts
Samples: Assignment of Management Agreement and Exclusive Right to Lease Agreement (Secured Investment Resources Fund Lp Ii), Assignment of Management Agreement and Subordination of Management Fees (Secured Investment Resources Fund Lp Ii), Property Management Agreement (Secured Investment Resources Fund Lp Ii)
Books of Accounts. (a) Manager shall maintain adequate and separate books and records for the Property with the entries supported by sufficient documentation to ascertain their accuracy with respect to the Property. Manager shall maintain such books and records at Manager’s 's office at the Property or at Manager’s 's address as set forth in Section 13.1. 14.1.
(b) Manager shall ensure maintain such control over accounting and financial transactions as is reasonably necessary to protect Owner’s 's assets from theft, error or fraudulent activityactivity by employees of the Manager. To the extent not reimbursed by insurance proceeds, Manager shall bear losses arising from such instances, including, without limitation, the following: :
(ai) theft of assets by Manager Manager's associates, principals or its employees officers or affiliates; those individuals affiliated with Manager;
(bii) overpayment or duplicate payment of invoices arising from either fraud or gross negligence, unless reimbursement or credit is subsequently received; ;
(ciii) overpayment of labor costs arising from either fraud or gross negligence, unless reimbursement or credit is subsequently received; received by Owner;
(div) overpayment resulting from kickbacks payment or transfer of property from suppliers to Manager or its Manager's employees or affiliates associates arising from the purchase of goods or services for the Property; and and
(ev) unauthorized use of facilities or equipment by Manager or its Manager's employees or affiliatesassociates.
Appears in 1 contract
Samples: Management and Leasing Agreement (Usf&g Legg Mason Realty Partners Limited Partnership)
Books of Accounts. Manager shall maintain adequate and separate books and records for the Property with the entries supported by sufficient documentation to ascertain their accuracy with respect to the Property. Manager shall maintain such books and records at Manager’s 's office at Manager’s 's address as set forth in Section 13.1. Manager shall ensure such control over accounting and financial transactions as is reasonably necessary to protect Owner’s 's assets from theft, error or fraudulent activity. To the extent not reimbursed by insurance proceeds, Manager shall bear losses arising from such instances, including, without limitation, the following: (a) theft of assets by Manager or its employees or affiliates; (b) overpayment or duplicate payment of invoices arising from either fraud or gross negligence, unless reimbursement or credit is subsequently received; (c) overpayment of labor costs arising from either fraud or gross negligence, unless reimbursement or credit is subsequently received; (d) overpayment resulting from kickbacks from suppliers to Manager or its employees or affiliates arising from the purchase of goods or services for the Property; and (e) unauthorized use of facilities by Manager or its employees or affiliates.
Appears in 1 contract
Samples: Property Management Agreement (Secured Investment Resources Fund Lp Ii)