Common use of Employment of Management Company Clause in Contracts

Employment of Management Company. Tenant hereby appoints Management Company as the sole and exclusive manager of the Facility and subject to Tenant’s ultimate responsibilities as the holder of the Licenses (as defined below) and in accordance with all Legal Requirements, Management Company agrees to act as the manager of the Facility. In connection therewith, Management Company shall supervise, direct and control the day to day business activities and management of the Facility and all phases of its management in the name of and on behalf of Tenant upon the terms and conditions hereinafter stated. Management Company shall be responsible for managing the Facility in a professional, competent and business-like manner, in material compliance with all Legal Requirements and the terms and provisions of this Agreement. Management Company shall, subject to compliance of Tenant with its obligations hereunder, do all things as may be reasonably required to maintain and preserve all necessary licenses, permits, authorizations, certifications and approvals to operate the Facility so as to comply with all applicable Legal Requirements (collectively, the “Licenses”); provided, however, and notwithstanding any other provisions of this Agreement to the contrary, Management Company shall not be required to expend its own funds in performing any of its obligations herein other than general company matters of Management Company that would be a cost of doing business of Management Company even if this Agreement did not exist (such as maintaining its corporate status in Washington, etc.) Except as provided for herein, Management Company makes no warranties, express or implied, and shall not assume any financial or other responsibilities in connection with its obligations hereunder and shall not be obligated to contribute its own funds in connection with the management of the Facility.

Appears in 3 contracts

Samples: Management Services Agreement (CNL Healthcare Properties, Inc.), Management Services Agreement (CNL Healthcare Properties, Inc.), Management Services Agreement (CNL Healthcare Properties, Inc.)

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Employment of Management Company. Tenant hereby appoints Management Company as the sole and exclusive manager of the Facility and subject to Tenant’s ultimate responsibilities as the holder of the Licenses (as defined below) and in accordance with all Legal Requirements, Management Company agrees to act as the manager of the Facility. In connection therewith, Management Company shall supervise, direct and control the day to day business activities and management of the Facility and all phases of its management in the name of and on behalf of Tenant upon the terms and conditions hereinafter stated. Management Company shall be responsible for managing the Facility in a professional, competent and business-like manner, in material compliance with all Legal Requirements and the terms and provisions of this Agreement. Management Company shall, subject to compliance of Tenant with its obligations hereunder, do all things as may be reasonably required to maintain and preserve all necessary licenses, permits, authorizations, certifications and approvals to operate the Facility so as to comply with all applicable Legal Requirements (collectively, the “Licenses”); provided, however, and notwithstanding any other provisions of this Agreement to the contrary, Management Company shall not be required to expend its own funds in performing any of its obligations herein other than general company matters of Management Company that would be a cost of doing business of Management Company even if this Agreement did not exist (such as maintaining its corporate limited liability company status in WashingtonTexas, etc.) Except as provided for herein, Management Company makes no warranties, express or implied, and shall not assume any financial or other responsibilities in connection with its obligations hereunder and shall not be obligated to contribute its own funds in connection with the management of the Facility.

Appears in 3 contracts

Samples: Management Services Agreement (CNL Healthcare Properties, Inc.), Management Services Agreement (CNL Healthcare Properties, Inc.), Management Services Agreement (CNL Healthcare Properties, Inc.)

Employment of Management Company. Tenant hereby appoints Management Company as the sole and exclusive manager of the Facility and subject to Tenant’s ultimate responsibilities as the holder of the Licenses (as defined below) and in accordance with all Legal Requirements, Management Company agrees to act as the manager of the Facility. In connection therewith, Management Company shall supervise, direct and control the day to day business activities and management of the Facility and all phases of its management in the name of and on behalf of Tenant upon the terms and conditions hereinafter stated. Management Company shall be responsible for managing the Facility in a professional, competent and business-like manner, in material compliance with all Legal Requirements and the terms and provisions of this Agreement. Management Company shall, subject to compliance of Tenant with its obligations hereunder, do all things as may be reasonably required to maintain and preserve all necessary licenses, permits, authorizations, certifications and approvals to operate the Facility so as to comply with all applicable Legal Requirements (collectively, the “Licenses”); provided, however, and notwithstanding any other provisions of this Agreement to the contrary, Management Company shall not be required to expend its own funds in performing any of its obligations herein other than general company matters of Management Company that would be a cost of doing business of Management Company even if this Agreement did not exist (such as maintaining its corporate limited partnership status in WashingtonTexas, etc.) Except as provided for herein, Management Company makes no warranties, express or implied, and shall not assume any financial or other responsibilities in connection with its obligations hereunder and shall not be obligated to contribute its own funds in connection with the management of the Facility.

Appears in 2 contracts

Samples: Management Services Agreement (CNL Healthcare Properties, Inc.), Management Services Agreement (CNL Healthcare Properties, Inc.)

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Employment of Management Company. Tenant Owner hereby appoints and employs Management Company to serve as the sole and exclusive operating manager of the Facility Facility; and subject to Tenant’s ultimate responsibilities as the holder of the Licenses (as defined below) and in accordance with all Legal Requirements, Management Company agrees to act as the operating manager of the Facility. In connection therewith, Management Company shall to supervise, direct and control the day to day-to-day business activities and management of the Facility and all phases of its management operations in the name of and on behalf of Tenant Owner upon the terms and conditions hereinafter stated. Management Company shall be responsible for managing the Facility and all of its assets and services with the same degree of diligence and skill as is employed by a reasonably prudent management company in a professional, competent and business-like mannerthe management of similar facilities, in material compliance with all Legal Requirements and obligations imposed on Owner which are known to Management Company, including, without limitation, the terms and provisions of this Agreementobligations contained in the Financing Documents. Management Company shall, subject to compliance of Tenant Owner with its obligations obligations; hereunder, do all things as may be reasonably required to maintain and preserve all necessary licenses, permits, authorizations, certifications permits and approvals to operate the Facility so as to comply with all applicable Legal Requirements (collectivelylaw, the “Licenses”); rules and regulations provided, however, and notwithstanding any other provisions of this Agreement to the contrary, Management Company shall not be required to expend its own funds in performing any of its obligations herein other than general company matters of herein. Management Company that would shall not be a cost deemed to be in violation of doing business of Management Company even if this Agreement did not exist (such as maintaining if it is prevented from performing any of its corporate status obligations hereunder for any reason beyond its control including, without limitations, strikes, lockouts, or unforeseen changes in Washingtonstatutes, etc.) regulations or rules of appropriate governmental or, regulatory authorities. Except as provided for herein, Management Company makes no warranties, express or implied, and except as provided herein shall not assume any financial or other responsibilities in connection with its obligations hereunder and shall not be obligated to contribute its own funds in connection with the management of the Facility.

Appears in 1 contract

Samples: Management Services Agreement (Capital Senior Living Corp)

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