Contracts and Supplies. Except as otherwise provided herein, Manager, as sub-agent for Owner and at Owner’s expense, and without compensation directly or indirectly to Manager, except as expressly set forth herein, shall enter into written agreements with (i) concessionaires, licensees, or other intended users of the facilities of the Project, (ii) contractors furnishing services to the Project, including, but not limited to, utilities, janitorial, trash collection, cleaning, vermin extermination, furnace and air conditioning maintenance, security protection, pest control, landscape and irrigation system maintenance, repair, maintenance, and replacement of elements of the buildings, recreational facilities or common areas (to the extent such work cannot reasonably and less expensively be done by Project Personnel), and any other services that are reasonably necessary to the maintenance and operation of first-class projects comparable to the Project (herein called “Customary Services”). Manager shall place purchase orders as and when necessary to assure timely and adequate availability of such equipment, tools, appliances, materials and supplies as are necessary to properly maintain and operate the Project. Notwithstanding the foregoing, all contracts (and renewals thereof) entered into by Manager, unless Manager has obtained RREM’s prior written consent, must be: (a) cancelable without penalty upon not more than thirty (30) days notice: and (b) have terms of one (1) year or less, and (c) require the provider of such Customary Services pursuant to such contract to comply with RREM’s insurance requirements. Manager shall obtain competitive bids annually for any such contracts and, in connection therewith, shall investigate the competency and history of all potential bidders; develop and submit detailed specifications for work to be performed; solicit and obtain such bids; conduct an analysis of bid results; and shall submit all bids to RREM for review and approval, together with Manager’s recommendation with respect thereto. Manager shall continually inspect the Project and ensure that all contract specifications are being properly administered, and conduct periodic complete walk-throughs of the Project with specific Customary Service providers as often as reasonably necessary. Manager shall use reasonable efforts to purchase all goods, supplies or services at the lowest cost reasonably available from reputable sources in the metropolitan area where the Project is located. In makin...
Contracts and Supplies. Property Manager shall, at Owner’s expense, at the lowest cost as in its judgment is consistent with good quality, workmanship and service standards, enter into contracts on behalf of Owner for the furnishing to the Property of required utility services, heating and air-conditioning services and other maintenance, pest control, and any other services and concessions which are reasonably required in connection with the maintenance and operation of the Property. Property Manager shall also place purchase orders for services and Personal Property as are reasonably necessary to properly maintain the Property. All such contracts and orders shall be subject to the limitations set forth in the approved Budget. When taking bids or issuing purchase orders, Property Manager shall use all reasonable efforts to secure for and credit to Owner, any discounts, commissions or rebates obtainable as a result of such purchases or services. Property Manager shall use all reasonable efforts to make purchases and (where necessary or desirable) let bids for necessary labor and materials at the lowest possible cost as in its judgment is consistent with good quality, workmanship and service standards. Property Manager shall not incur obligations to any person or entity in which Property Manager or any of Property Manager’s employees has a financial or other interest or with which Property Manager or any such employee(s) is affiliated unless: i) the price or fee therefore is not higher than that which would have been charged as a result of a bona fide arms-length negotiation for goods or services of comparable quality; and ii) Property Manager delivers to Owner prior written notice and Owner gives its prior written approval of any such proposed transaction.
Contracts and Supplies. Subject to the Budget the Manager shall, in the name of and on behalf of Owner and at Owner's expense, consummate arrangements with unrelated third party concessionaires, licensees, tenants or other intended users of the facilities of the Project, shall enter into contracts for furnishing to the Project electricity, gas, water, steam, telephone, cleaning, vermin exterminators, furnace and air-conditioning maintenance, security protection, pest control, landscaping, solid waste removal and any other utilities, services and concessions which are provided in connection with the maintenance and operation of apartment projects which are comparable to the Project and in accordance with standards comparable to those prevailing in other comparable apartment projects, and shall place purchase orders for such equipment, tools, appliances, materials and supplies as are reflected in the Budget and necessary to maintain the Project. Manager will make a reasonable attempt to make all contracts cancelable without penalty with no more than (30) days written notice. In the event that utility or power companies require a surety bond or other form of security in order to provide utilities, electrical or other services to the Project, the Manager is authorized to obtain such bond at Owner’s sole expense. Manager may, in its sole discretion, elect to guarantee, indemnify, defend and hold harmless those parties supplying such bonds or other form of security (the “Surety”) for any premiums, liabilities, losses, costs, damages, attorney fees and other expenses, including interest, which the Surety may sustain or incur by reason of, or in connection with, the issuance, renewal or continuation of such bonds or other form of security. In such event, Owner will reimburse and indemnify Manager pursuant to Section 6.03 with regard to the same.
Contracts and Supplies. Property Manager shall, at Owner’s expense, at the lowest cost as in its judgment is consistent with good quality, workmanship and service standards, enter into contracts in its own name as agent for Owner for the furnishing to the Project of required utility services, heating and air-conditioning services and other maintenance, pest control, and any other services and concessions which are reasonably required in connection with the maintenance and operation of the Project; provided, however, (i) that any contracts entered into by Property Manager, whenever practicable, shall be terminable at Property Manager’s or Owner’s sole discretion within 30 days by written notice unless Property Manager receives the prior written consent of Owner to the contrary, (ii) if the amount payable monthly or for any given month pursuant to such contract exceeds $10,000, Property Manager shall obtain Owner’s written approval thereof prior to entering into such contract (such approval shall be deemed granted if not disapproved in writing by Owner within five (5) days of Property Manager’s request for approval) and (iii) if the contract is with an affiliate the relationship must be disclosed to the Owner and the terms must be as favorable as those that would be obtained if the transaction were at arm’s length. Each of such contracts shall state that Property Manager is acting as a special limited agent of Owner having only the express powers that are delegated and authorized pursuant to this Agreement. When taking bids, Property Manager shall use all reasonable efforts to secure for, and credit to Owner, any discounts, commissions or rebates obtainable as a result of such purchases or services. Property Manager shall use all reasonable efforts to make purchases and (where necessary or desirable) let bids for necessary labor and materials at the lowest possible cost as in its judgment is consistent with good quality, workmanship and service standards. In addition, Property Manager shall use reasonable efforts to purchase goods and services through Property Manager’s or, if so directed by Owner, Owner’s national purchasing agreements, where applicable.
Contracts and Supplies. Agent shall, at Owner's expense, upon the best terms available, enter into contracts on behalf of Owner for the furnishing to the Property of required utility services, heating and air conditioning services, pest control, other maintenance, and any other services and concessions which are required in connection with the maintenance and operation of the Property. Agent shall also place purchase orders for services and Personal Property as are necessary to properly maintain the Property. All such contracts and orders shall be subject to the limitations set forth in the approved Budget. When taking bids or issuing purchase orders, Agent shall use its best efforts to secure for and credit to Owner, any discounts, commissions or rebates obtainable as a result of such purchases or services. Agent shall use its best efforts to make purchases and (where necessary or desirable) obtain bids for necessary labor and materials at the lowest possible cost as in its judgement is consistent with good quality, workmanship and service standards. Agent shall not incur any obligation to any person or entity in which Agent or any of Agent's officers has a financial interest at a price or fee higher than that which would have been charged as a result of bona fide arms-length negotiations.
Contracts and Supplies. Manager shall, except as provided herein, ---------------------- in the name of and on behalf of Owner and at Owner's expense, and without compensation directly or indirectly to Manager, except as expressly set forth herein or agreed to by Owner or Manager, consummate arrangements with concessionaires, licensees, tenants or other intended users of the facilities of the Project, shall, except as provided herein, on Owner's behalf, enter into contracts for the furnishing to the Project of electricity, gas, water, steam, telephone, cleaning, vermin extermination, furnace and air conditioning maintenance, security protection, pest control and any other utilities, services and concessions which are provided in connection with the maintenance and operation of an apartment project in accordance with standards comparable to those prevailing in other similar apartment projects, and shall place purchase orders for such equipment, tools, appliances, materials and supplies as are necessary to properly maintain the Project.
Contracts and Supplies. Manager shall, in the name of and on behalf of Owner and at Owner's expense, consummate arrangements with third party concessionaires, licensees and suppliers for services and supplies for the Project, including telephone, cleaning, furnace and air-conditioning maintenance, pest control, landscaping and other similar items that are customarily provided in accordance with standards comparable to those prevailing in other comparable apartment projects in the geographic area in which the Project is located. Manager shall have the right to establish and verify certain compliance criteria for any third party concessionaires, licensees and suppliers, including but not limited to licensing, credit, insurance, criminal history, and inclusion on any government watch-lists. Owner shall indemnify and hold Manager harmless from any and all damages that arise from the use of any vendor or supplier at the Project (except to the extent caused by Manager’s gross negligence or willful misconduct). Manager shall, where necessary, execute contracts for such services and supplies, which contracts shall be in Owner's name, and Owner hereby authorizes Manager to enter into such contracts in the name of and on behalf of Owner, and to bind Owner to such contracts. Unless provided for in the Budget and agreed to by Owner, Manager shall not execute any such contract on behalf of Owner without Owner's approval unless the contract may be terminated without cause and without penalty on notice of thirty (30) days or less. Owner recognizes that the Project may be operated in conjunction with other projects in an effort to provide for more efficient and less expensive methods of operation, and Owner agrees that costs for such shared activities may be allocated or shared between the Project and such other projects on a per unit basis. Manager shall provide email accounts for the Project at Owner’s expense as described in Exhibit “A”.
Contracts and Supplies. Manager shall, in the name of and on behalf of Owner and at Manager's expense, (a) negotiate and enter into service contracts for the furnishing to the Project of electricity, gas, water, steam, telephone, trash removal, cleaning, vermin extermination, furnace and air conditioning maintenance, security services, pest control, landscaping, and any other utilities, services and concessions which are reasonably required in the course of business for the operation, repair and maintenance of the Project, and (b) place purchase orders for such equipment, tools, appliances, materials and supplies as are reasonably necessary to properly maintain the Project. Manager shall be required to obtain Owner's written consent to such contract prior to entering into any such contract if it cannot be terminated without penalty on sixty (60) days or less notice. Nothing in this Section 2.04 shall be construed as requiring Manager to enter into any contracts, agreements or purchase orders with respect to the Coronado South Improvements.
Contracts and Supplies. Manager shall, except as provided in this Agreement, in the name of and on behalf of Owner and at Owner's expense, (a) negotiate and enter into service contracts for the furnishing to the Project of electricity, gas, water, steam, telephone, trash removal, cleaning, vermin extermination, furnace and air conditioning maintenance, security services, pest control, landscaping, and any other utilities, services and concessions which are reasonably required in the course of business for the operation, repair and maintenance of the Project, and (b) place purchase orders for such equipment, tools, appliances, materials and supplies as are necessary to properly maintain the Project. Except for service contracts for public utilities such as water, electricity and gas, each such service contract shall: (i) include a provision for cancellation thereof by Owner or Manager upon no more than 30 days' written notice without the imposition of any penalty or fee, and (ii) require that all contractors provide evidence of sufficient insurance. All service contracts and purchase orders shall be paid by Manager, on behalf of Owner, from the Operating Account, in accordance with the Budget. Manager shall obtain Owner's consent, which consent shall not be unreasonably withheld or delayed, to terminate any existing contracts for services or supplies. Nothing in this section shall be construed as requiring Manager to enter into any contracts, agreements or purchase orders with respect to any construction activities at the Project.
Contracts and Supplies. Property Manager shall, at Owner’s expense, upon Owner’s direction and, upon the best terms available, execute contracts for the furnishing to the Property of required utility services, heating and air-conditioning service and other maintenance, security protection, pest-control and any other services and concessions which are required in connection with the maintenance and operation of the Property. Said contracts shall be for a one-year term, cancelable by either party on thirty (30) days’ written notice, without cause. Property Manager shall also place purchase orders for services and personal property as necessary to properly maintain the Property. All such contracts and orders shall be subject to limitations set forth in the approved Budget. When taking bids or issuing purchase orders, Property Manager shall secure for and credit to Owner, any discounts, commissions or rebates obtainable as a result of such purchases or services. Property Manager shall make purchases and (where necessary or desirable) let bids for necessary labor and materials at the lowest possible cost as in its judgment is consistent with good quality, workmanship and service standards. Property Manager shall not incur any obligation to any person or entity in which Property Manager, its officers, agents, employees or family members of any of the former, has a financial interest, at a price or fee higher than that which would have been charged as a result of bona fide arms-length negotiations for goods or services of comparable quality, and shall disclose to Owner all non-arms-length transactions. Property Manager shall use commercially reasonable efforts (subject to all applicable Laws) to contract with qualified businesses owned by minorities, women and disabled veterans. Property Manager shall competitively bid all service contracts for repetitive services (e.g., janitorial, landscaping, window washing) no less frequently than once every three years.
