Disclaimer of Fiduciary Status. Given that the Manager's actions hereunder are subject to the direction and control of Owner through its approval process and/or the budgetary constraints imposed upon Manager, and that the actions of Manager herein are ministerial in nature, Owner hereby acknowledges that Manager is not a fiduciary and that Manager is not acting in a fiduciary capacity with respect to its management or operation of the Project.
Appears in 10 contracts
Samples: Management and Leasing Agreement (Education Realty Trust, Inc.), Management and Leasing Agreement (Education Realty Trust, Inc.), Management and Leasing Agreement (Education Realty Trust, Inc.)