Duties and Powers of Manager. The Manager has full and sole authority to cause the Company to exercise the powers conferred on the Company in Article III. The Manager shall use reasonable efforts to carry out the purposes, business and objectives of the Company referred to in Article III, and shall devote to the Company business such time and effort as shall be reasonably required for the proper conduct of the business of the Company. Anything in this Agreement to the contrary notwithstanding, all Persons dealing with the Company may rely upon the authority of the Manager to execute, for and in behalf of the Company, any contract or other document pertaining to the Maine Residential Nominee Services, LLC Amended & Restated Operating Agreement February 15, 2007 business of the Company and every contract deed, mortgage, lease and other instrument executed by the Manager shall be conclusive evidence in favor of every Person relying thereon or claiming thereunder that at the time of the delivery thereof the execution and delivery of such instruments were duly authorized by the Manager in accordance with Section 8.1 of this Agreement. No Member (except a Member who is also a Manager and then only in its capacity as a Manager) shall be entitled to bind the Company. The Manager is authorized and empowered to designate and appoint any officers, agents and/or attorneys-in-fact to act for any one or more purposes for and in behalf of the Company, and any Person dealing with the Company may rely upon the efficacy of any such designation, appointment or power of attorney authorizing any such officer, agent or attorney-in-fact to act for and in behalf of the Company to the same extent as if the action so authorized had been taken by the Manager of the Company for and in behalf of the Company. Every contract, deed, mortgage, lease and other instrument executed by the Manager or by any such officer, agent and/or attorney-in-fact so designated by the Manager shall be conclusive evidence in favor of every Person relying thereon or claiming thereunder that at the time of delivery thereof (i) the Company was in existence, (ii) the Manager or such officer, agent or attorney-in-fact was duly authorized to execute such instrument and (iii) this Agreement had not been terminated, canceled or amended in any manner so as to restrict such authority.
Duties and Powers of Manager. Subject to the BMO, the management of the Land and the Development shall be undertaken by the Manager who shall have the authority to act for and on behalf of all Owners in accordance with the provisions of this Deed and to enforce the provisions of this Deed against the other Owner or Owners. Without in any way limiting the generality of the foregoing but subject to the BMO, the Manager shall have the following powers and duties in accordance with this Deed:-
(a) To demand, collect and receive all amounts payable by each Owner under the provisions of this Deed;
(b) Unless otherwise directed by the Owners’ Corporation, to be responsible for taking out and updating insurance to the full new reinstatement value in respect of loss or damage by fire and other risks in respect of the Common Areas and Facilities, and also for insurance covering public liability, occupier’s liability and employer’s liability and without limiting the generality of the foregoing to procure block insurance for the Land and the Development including those areas which are not Common Areas and Facilities;
(c) To arrange for refuse collection and disposal from all parts of the Land and the Development including the Common Areas and Facilities and from areas designated as refuse collection points in the Land and the Development;
(d) To keep and maintain in good order and repair and condition the lighting of the Common Areas and Facilities and to keep the Common Areas and Facilities well lighted and in a tidy condition;
(e) To repair, maintain, upkeep, improve, control, operate and manage the Common Areas and Facilities, together with all structures, sewers, street furniture and plants constructed, installed and provided thereon or therein; to keep the Common Areas and Facilities in a clean and sanitary state and condition;
(f) To repair, improve, renovate, maintain, clean, paint or otherwise treat or decorate as appropriate, the structure and fabric of the Development and the external walls, architectural fixtures and fittings thereof, elevations and facade thereof but excluding windows and window frames except those situate in the Common Areas and Facilities PROVIDED THAT the Manager shall have the power at the expense of the Owner concerned to replace broken window glass if any such shall be broken and remain unreplaced for seven (7) days (except in emergency) after the Manager shall have served a notice on the Owner or occupier of the part of the Development concerned requiring him to...
Duties and Powers of Manager
