Common use of Contracts and Supplies Clause in Contracts

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 Owner's ’s expense, negotiate and consummate arrangements with unrelated third party concessionaires, licensees and suppliers for services services, ancillary income and supplies for the Project, including but not limited to telephone, cleaning, furnace and air-conditioning maintenance, on-site licenses and supplies, 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 Standard (collectively, 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“Contracts”). Manager shall, where necessaryappropriate and where the Company Manager is authorized to do so under the Venture’s Operating Agreement, 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 the Contracts in the name of and on behalf of Owner, and to bind Owner to such contracts. Unless provided Manager shall arrange for in the Budget and agreed to purchase by Owner, in an economical and efficient manner of all inventories, supplies and equipment which, in the ordinary course of business, are necessary and appropriate to maintain and operate the Project in a manner consistent with the Standard, subject to the limitations in the Budget. If Manager qualifies for early payment, cash and trade discounts, refunds, rebates, credits and concessions, Owner shall be credited with the full amount of any such discount, commission or compensation actually obtained or received by Manager, directly or indirectly, in connection with any such purchase. Manager shall not execute enter into any such contract on behalf of Owner without Owner's Contract with a Manager Affiliate unless Manager has received prior written approval unless the contract may be terminated without cause and without penalty on notice of thirty (30) days or lessfrom KBS Member. 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 the reasonable costs for such shared activities may be allocated or shared between the Project and such other projects on a per unit basis. Manager an equitable basis (provided that Owner and KBS Member shall provide email accounts for the Project at Owner’s expense as described in Exhibit “A”be notified of any such cost-sharing, together with reasonable accounting of such costs and allocations).

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 Owner's ’s expense, consummate arrangements with third party concessionaires, licensees and suppliers for services and supplies for the ProjectProperty, 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 multifamily properties in the geographic area in which the Project Property 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 ’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 or otherwise agreed to by Owner, Manager shall not execute any such contract on behalf of Owner without Owner's approval unless the contract may ’s approval. Unless otherwise approved by Owner, in each instance, all contracts must be terminated terminable without cause and without penalty on notice of thirty (30) days or lessless notice, unless such contract pertains to elevators, utilities, laundry, security monitoring, cable television, telephone or internet or which constitute national service contracts which are terminable upon a sale of the Property or upon any termination of this Agreement. In addition, Owner agrees to specifically assume in writing all obligations under all such contracts so entered into by Manager, on behalf of Owner, upon the termination of this Agreement, and Owner shall indemnify, defend and hold harmless Manager and the other Manager Indemnitees from and against any and all Claims resulting from, arising out of or in any way related to such contracts or orders and that relate to or concern matters occurring after termination of this Agreement, but excluding matters arising out of the gross negligence or willful misconduct of Manager. Owner recognizes that the Project Property may be operated in conjunction with other projects properties 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 Property and such other projects properties on a per unit basis. an equitable basis as reasonably determined by Manager shall provide email accounts for the Project at Owner’s expense as described and/or included in Exhibit “A”an approved Budget.