Common use of COMPLAINTS AND NOTICES Clause in Contracts

COMPLAINTS AND NOTICES. (a) Co-Manager shall notify Owner promptly of: (i) any notice received by Co-Manager or known to Co-Manager of violation of any governmental requirements (and make recommendations regarding compliance therewith); (ii) any defect or unsafe condition in the Premises known to Co-Manager; (iii) any notice received by Co-Manager or known to Co-Manager of violation of covenants, conditions and restrictions affecting the Premises or noncompliance with loan documents affecting the Premises, if any; (iv) any fire, accident or other casualty or damage to the Premises; (v) any condemnation proceedings, rezoning or other governmental order, lawsuit or threat thereof involving the Premises; (vi) any violations relative to the leasing, use, repair and maintenance of the Premises under governmental laws, rules, regulations, ordinances or like provisions; (vii) defaults under any leases or other agreements affecting the Premises; or (viii) any violation of any insurance requirement. Co-Manager shall promptly deliver to Owner copies of any documentation in its possession relating to such matters. Co-Manager shall keep Owner reasonably informed of the status of the particular matter through the final resolution thereof. In the case of any fire or other damage to the Premises or violation or alleged violation of laws respecting Hazardous Wastes, Co-Manager shall immediately give telephonic notice thereof to Owner. Co-Manager shall retain in the records it maintains for the Premises copies of all supporting documentation with reference to such notices. (b) Co-Manager shall promptly notify Owner and any insurance agent Owner may designate of any personal injury or property damage occurring to or claimed by any tenant or third party on or with respect to the Premises. Co-Manager shall promptly forward to Owner with copies to any insurance agent Owner may designate any summons, subpoena or other legal document served upon Co-Manager relating to the actual or alleged potential liability of Owner, of Co-Manager or of the Premises. (c) Should any claim, demand, suit or other legal proceeding be made or instituted by any third party against Owner which arises out of any matters relating to the Premises, this Agreement or Co-Manager’s performance hereunder, Co-Manager shall give Owner all pertinent information, and reasonable assistance, in the defense or other disposition thereof.

Appears in 4 contracts

Samples: Real Estate Property Co Management Agreement (KBS Growth & Income REIT, Inc.), Real Estate Property Co Management Agreement (KBS Growth & Income REIT, Inc.), Real Estate Property Co Management Agreement (KBS Growth & Income REIT, Inc.)

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COMPLAINTS AND NOTICES. (a) Co-anager shall handle promptly complaints and requests from tenants, concessionaires and licensees and notify Owner of any major complaint made by a tenant, concessionaire or licensee. Manager shall notify Owner promptly of: : (i) any notice received by Co-Manager or known to Co-Manager of violation of any governmental requirements (and make recommendations regarding compliance therewith); (ii) any defect or unsafe condition in the Premises known to Co-Manager; (iii) any notice received by Co-Manager or known to Co-Manager of violation of covenants, conditions and restrictions affecting the Premises or noncompliance with loan documents affecting the Premises, if any; (iv) any fire, accident or other casualty or damage to the Premises; (v) any condemnation proceedings, rezoning or other governmental order, lawsuit or threat thereof involving the Premises; (vi) any violations relative to the leasing, use, repair and maintenance of the Premises under governmental laws, rules, regulations, ordinances or like provisions; (vii) defaults under any leases or other agreements affecting the Premises; or (viii) any violation of any insurance requirement. Co-Manager shall promptly deliver to Owner copies of any documentation in its possession relating to such matters. Co-Manager shall keep Owner reasonably informed of the status of the particular matter through the final resolution thereof. In the case of any fire or other damage to the Premises or violation or alleged violation of laws respecting Hazardous Wastes, Co-Manager shall immediately give telephonic notice thereof to Owner. Co-Manager shall complete all necessary and customary loss reports in connection with any fire or other damage to the Premises. Manager shall retain in the records it maintains for the Premises copies of all supporting documentation with reference to such notices. (b) Co-Manager shall promptly notify Owner and any insurance agent Owner may designate of any personal injury or property damage occurring to or claimed by any tenant or third party on or with respect to the Premises. Co-Manager shall promptly forward to Owner with copies to any insurance agent Owner may designate any summons, subpoena or other legal document served upon Co-Manager relating to the actual or alleged potential liability of Owner, of Co-Manager or of the Premises. (c) Should any claim, demand, suit or other legal proceeding be made or instituted by any third party against Owner which arises out of any matters relating to the Premises, this Agreement or Co-Manager’s performance hereunder, Co-Manager shall give Owner all pertinent information, and reasonable assistance, in the defense or other disposition thereof.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (KBS Strategic Opportunity REIT, Inc.)

COMPLAINTS AND NOTICES. (a) Co-Manager shall promptly handle complaints and requests from tenants, concessionaires and licensees and notify Owner of any major complaint made by a tenant, concessionaire or licensee. Manager shall notify Owner promptly of: : (i) any notice received by Co-Manager or known to Co-Manager of violation of any governmental requirements (and make recommendations regarding compliance therewith); (ii) any defect or unsafe condition in the Premises known to Co-Manager; (iii) any notice received by Co-Manager or known to Co-Manager of violation of covenants, conditions and restrictions affecting the Premises Property or noncompliance with loan documents affecting the PremisesProperty, if any; (iviii) any fire, accident or other casualty or damage to the PremisesProperty; (viv) any condemnation proceedings, rezoning or other governmental govern­mental order, lawsuit or threat thereof involving the PremisesProperty known to Manager; (viv) any violations relative to the leasing, use, repair and maintenance of the Premises Property under governmental laws, rules, regulations, ordinances or like provisionsprovisions known to Manager; (viivi) defaults under any leases or other agreements affecting affect­ing the PremisesProperty; or (viiivii) any violation of any insurance requirement. Co-Manager shall promptly deliver to Owner copies of any documentation in its possession relating to such matters. Co-Manager shall keep Owner reasonably informed of the status of the particular matter through the final resolution thereof. In the case event Manager becomes aware of any fire or other damage to the Premises Property or violation or alleged violation of laws respecting Hazardous WastesMaterials, Co-Manager shall immediately give telephonic notice thereof to Owner. Co-Manager shall complete all necessary and customary loss reports in connection with any fire or other damage to the Property. Manager shall retain in the records it maintains for the Premises Property copies of all supporting documentation docu­mentation with reference to such notices. (b) Co-Manager shall promptly notify Owner and any insurance agent Owner may designate of any personal injury or property damage occurring to or claimed by any tenant or third party on or with respect to the PremisesProperty. Co-Manager shall promptly forward to Owner with copies to any insurance agent Owner may designate any summons, subpoena or other legal document served upon Co-Manager relating to the actual or alleged potential liability of Owner, of Co-Manager or of the PremisesProperty. (c) Should any claim, demand, suit or other legal proceeding be made or instituted by any third party against Owner which arises out of any matters relating to the PremisesProperty, this Agreement or Co-Manager’s 's performance hereunder, Co-Manager shall give Owner all pertinent information, and reasonable assistanceassistance subject to Section 6.2(g) below, in the defense or other disposition thereof.

Appears in 1 contract

Samples: Management Agreement (American Realty Capital New York Recovery Reit Inc)

COMPLAINTS AND NOTICES. (a) Co-Manager shall handle promptly complaints and requests from tenants, concessionaires and licensees. Manager shall notify Owner promptly of: (i) any notice received by Co-Manager or known to Co-Manager of violation of any governmental requirements (and make recommendations regarding compliance therewith); (ii) any notice received by Manager or known to Manager of any defect or unsafe condition in the Premises known to Co-ManagerPremises; (iii) any notice received by Co-Manager or known to Co-Manager of violation of covenants, conditions and restrictions affecting the Premises or noncompliance with loan documents affecting the Premises, if any; (iv) any notice received by Manager or known to Manager of any fire, accident or other casualty or damage to the Premises; (v) any notice received by Manager or known to Manager of any condemnation proceedings, rezoning or other governmental order, lawsuit or threat thereof involving the Premises; (vi) any notice received by Manager or known to Manager of any violations relative to the leasing, use, repair and maintenance of the Premises under governmental laws, rules, regulations, ordinances or like provisions; (vii) any notice received by Manager or known to Manager of any defaults under any leases or other agreements affecting the Premises; or (viii) any notice received by Manager or known to Manager of any violation of any insurance requirement. Co-Manager shall promptly deliver to Owner copies of any documentation in its possession relating to such matters. Co-Manager shall keep Owner reasonably informed of the status of the particular matter through the final resolution thereof. In the case of any fire or other damage to the Premises or violation or alleged violation of laws respecting Hazardous Wastes, Co-Manager shall immediately give telephonic notice thereof to Owner. Co-Manager shall complete all necessary and customary loss reports in connection with any fire or other damage to the Premises. Manager shall retain in the records it maintains for the Premises copies of all supporting documentation with reference to such notices. (b) Co-Manager shall promptly notify Owner and any insurance agent Owner may designate of any personal injury or property damage occurring to or claimed by any tenant or third party on or with respect to the Premises. Co-Manager shall promptly forward to Owner with copies to any insurance agent Owner may designate any summons, subpoena or other legal document served upon Co-Manager relating to the actual or alleged potential liability of Owner, of Co-Manager or of the Premises. (c) Should any claim, demand, suit or other legal proceeding be made or instituted by any third party against Owner which arises out of any matters relating to the Premises, this Agreement or Co-Manager’s 's performance hereunder, Co-Manager shall give promptly notify Owner all pertinent information, and reasonable assistance, in the defense or other disposition thereof.

Appears in 1 contract

Samples: Limited Liability Company Agreement (KBS Strategic Opportunity REIT II, Inc.)

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COMPLAINTS AND NOTICES. (a) Co-Manager shall handle, in a prompt and efficient manner, complaints and requests from residents, tenants, concessionaires and licensees and notify Lessee of any major complaint made by a resident, tenant, concessionaire or licensee. Manager shall notify Owner Lessee promptly of(and provide Lessee with copies of supporting documentation) of any of the following of which Manager becomes aware: (i) any notice received by Co-Manager or known to Co-Manager of violation of any governmental requirements (and Manager shall make recommendations regarding compliance therewith)) after Manager receives notice and knowledge thereof; (ii) any material defect or unsafe condition in the Premises known to Co-ManagerFacility of which Manager becomes aware; (iii) any notice received by Co-Manager or known to Co-Manager of violation of covenants, conditions and restrictions affecting the Premises or noncompliance with loan documents affecting the Premises, if any; (iv) any fire, accident or other casualty or damage to the PremisesFacility; (viv) any condemnation proceedings, rezoning or other governmental order, lawsuit or threat thereof involving the PremisesFacility; (viv) any violations relative to the leasing, use, repair and maintenance of the Premises Facility under governmental laws, rules, regulations, ordinances or like provisionsprovisions of which Manager becomes aware; (viivi) material defaults under any leases residency agreement, lease or other agreements agreement affecting the PremisesFacility; or (viiivii) any violation of any insurance requirementrequirement of which Manager becomes aware. Co“Material” shall be defined as an event, circumstance, condition or change which would reasonably be expected to significantly adversely affect the day-Manager shall promptly deliver to Owner copies to-day operation of any documentation in its possession relating to such mattersthe Facility, or significantly diminish the value of the Facility taken as a whole. Co-Manager shall keep Owner Lessee reasonably informed of the status of the particular matter through the final resolution thereof. In the case of any fire or other damage to the Premises or violation or alleged violation of laws respecting Hazardous WastesFacility, Co-Manager shall immediately give telephonic prompt notice thereof to OwnerLessee and shall complete all necessary and customary loss reports in connection with any fire or other damage to the Facility. Co-Manager shall retain in the records it maintains for the Premises Facility copies of all supporting documentation with reference to such notices. (b) Co-the foregoing. Manager shall promptly notify Owner Lessee and any insurance agent Owner Manager Lessee may designate of any personal injury or property damage occurring to or claimed by any resident, tenant or third party on or with respect to the PremisesFacility. Co-Manager shall promptly forward to Owner Lessee, with copies to any insurance agent Owner Manager Lessee may designate designate, any summons, subpoena or other legal document served upon Co-Manager relating to the actual or alleged potential liability of OwnerLessee, of Co-Manager or of the PremisesFacility. (c) Should any claim, demand, suit or other legal proceeding be made or instituted by any third party against Owner which arises out of any matters relating to the Premises, this Agreement or Co-Manager’s performance hereunder, Co-Manager shall give Owner all pertinent information, and reasonable assistance, in the defense or other disposition thereof.

Appears in 1 contract

Samples: Property Management Agreement (Provident Senior Living Trust)

COMPLAINTS AND NOTICES. (a) Co-Manager shall handle promptly complaints and requests from tenants, concessionaires and licensees and notify Owner of any major complaint made by a tenant, concessionaire or licensee. Manager shall notify Owner promptly of: : (i) any notice received by Co-Manager or known to Co-Manager of violation of any governmental requirements (and make recommendations regarding compliance therewith); (ii) any defect or unsafe condition in the Premises known to Co-Manager; (iii) any notice received by Co-Manager or known to Co-Manager of violation of covenants, conditions and restrictions affecting the Premises or noncompliance with loan documents affecting the Premises, if any; (iv) any fire, accident or other casualty or damage to the Premises; (v) any condemnation proceedings, rezoning or other governmental order, lawsuit or threat thereof involving the Premises; (vi) any violations relative to the leasing, use, repair and maintenance of the Premises under governmental laws, rules, regulations, ordinances or like provisions; (vii) defaults under any leases or other agreements affecting the Premises; or (viii) any violation of any insurance requirement. Co-Manager shall promptly deliver to Owner copies of any documentation in its possession relating to such matters. Co-Manager shall keep Owner reasonably informed in­ formed of the status of the particular matter through the final resolution thereof. In the case of any fire or other damage to the Premises or violation or alleged violation of laws respecting Hazardous Wastes, Co-Manager shall immediately give telephonic notice thereof to Owner. Co-Manager shall complete all necessary and customary loss reports in connection with any fire or other damage to the Premises. Manager shall retain in the records it maintains for the Premises copies of all supporting suppo1iing documentation with reference to such notices. (b) Co-Manager shall promptly notify Owner and any insurance agent Owner may designate of any personal injury or property damage occurring to or claimed by any tenant or third party on or with respect to the Premises. Co-Manager shall promptly forward to Owner with copies to any insurance agent Owner may designate any summons, subpoena or other legal document served upon Co-Manager relating to the actual or alleged potential liability of Owner, of Co-Manager or of the Premises. (c) Should any claim, demand, suit or other legal proceeding be made or instituted by any third party against Owner which arises out of any matters relating to the Premises, this Agreement or Co-Manager’s 's performance hereunder, Co-Manager shall give Owner all pertinent information, and reasonable assistance, in the defense or other disposition thereof.

Appears in 1 contract

Samples: Consent and Subordination of Management Agreements (KBS Real Estate Investment Trust III, Inc.)

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