Common use of Expense of Owner Clause in Contracts

Expense of Owner. All acts performed by Manager in the performance of its obligations under this Agreement shall be performed as the agent of Owner, and all obligations or expenses incurred thereby, shall be for the account of, on behalf of, and at the expense of Owner, except as otherwise specifically provided in this Article II and except that Owner shall not be obligated to reimburse Manager for any expense (i) allocable to time spent on projects other than the Project, on work otherwise unrelated to the Project or on Manager’s general administration, (ii) any personnel other than personnel located at the Project site and personnel spending a portion of their working hours (to be charged on a prorata basis) at the Project site or in specifically performing Manager’s obligations hereunder, whether on or off the Project site or (iii) that is not authorized by the Annual Business Plan. Manager may use employees normally assigned to other work centers or part-time employees to properly staff the Project, on a reduced, increased or emergency work load basis, including property, business and assistant managers, leasing directors, administrative personnel, maintenance employees and maintenance supervisors, whose wages and related expenses shall be reimbursed on a prorata basis for the time actually spent at or for the Apartments but only to the extent reflected in the Annual Business Plan. A property manager or business manager at the Apartments and any other persons performing functions only at the Apartments substantially similar to those of a business manager, including but not limited to assistant managers, leasing directors, leasing agents, sales directors, sales agents, bookkeepers, and other on-site administrative and/or maintenance personnel performing work on behalf of the Property, if they are on-site personnel, shall not be considered executive employees of Manager and shall be collectively referred to herein as “Project Employees”. The staffing plan including, without limitation, the number and positions of all Project Employees and off-site employees and all compensation and benefits for all Project Employees and off-site employees shall be in accordance with the Annual Business Plan or as otherwise approved by Owner in writing. Owner acknowledges that the following miscellaneous documented expenses, when reasonably incurred in respect to the performance of Manager’s obligations under this Agreement, shall be reimbursable by Owner to the extent reflected in the Annual Business Plan (which list of expenses is not intended to be all-inclusive): courier services, postage, photocopies, signage, check printing, marketing expenses, bank charges, telephone and answering service (which may be allocated on a prorata basis among the Apartments and other projects managed by Manager). All reimbursable payments made by Manager hereunder shall be reimbursed from funds deposited in an account established pursuant to Section 4.2 of this Agreement. Manager shall not be obligated to make any advance to or for the account of Owner or to pay any sums, except out of funds held in an account maintained under Section 4.2, nor shall Manager be obligated to incur any liability or obligation for the account of Owner without assurance that the necessary funds for the discharge thereof will be provided by Owner. In the performance of its duties as agent and Manager of the Apartments, Manager shall act solely as the agent of the Owner. All debts and liabilities to third persons incurred by Manager in the course of its operation and management of the Apartments shall be the debts and liabilities of the Owner only, and Manager shall not be liable for any such debt or liabilities, except (i) as otherwise expressly provided herein or (ii) to the extent Manager has exceeded its authority hereunder.

Expense of Owner. All acts performed by Manager in the performance of its obligations under this Agreement shall be performed as the agent on behalf of Owner, and all obligations or expenses incurred thereby, if included in the Annual Business Plan or otherwise approved in writing by Owner, shall be for the account of, on behalf of, and at the expense of Owner, except as otherwise specifically provided in this Article II and except that II. Owner shall not be obligated to reimburse Manager for any expense allocable to (i) allocable to time spent on projects other than the Project, on work otherwise unrelated to the Project or on Manager’s general administration, (ii) any personnel other than personnel located at the Project site and personnel spending a portion of their working hours (to be charged on a prorata pro rata basis) at the Project site or in specifically performing Manager’s obligations hereunder, whether on or off the Project site or (iii) that is not authorized by the Annual Business Plansite. Manager may use employees normally assigned to other work centers or part-time employees to properly staff the Project, on a reduced, increased or emergency work load basis, including property, business and assistant managers, leasing directors, administrative personnel, maintenance employees and maintenance supervisors, whose wages and related expenses shall be reimbursed on a prorata pro rata basis for the time actually spent at or for the Apartments but only Project to the extent set forth in the applicable Annual Business Plan. Owner shall reimburse to Manager the costs and expenses incurred by Manager on Owner’s behalf including the wages and salaries and other employee-related expenses and benefits of all on-site and affiliate employees of Manager who are engaged in the operation, management, maintenance and leasing or access of a Project, including taxes, insurance and benefits and legal, travel and other out-of-pocket expenses directly related to the management of a Project, provided that such items are reflected in the Annual Business Plan. A property manager or business manager at the Apartments and any other persons performing functions only at the Apartments substantially similar to those of a business manager, including but not limited to assistant managers, leasing directors, leasing agents, sales directors, sales agents, bookkeepers, and other on-site administrative and/or maintenance personnel performing work on behalf of the Property, if they are on-site personnel, shall not be considered executive employees of Manager and shall be collectively referred to herein as “Project Employees”. The staffing plan including, without limitation, the number and positions of all Project Employees and off-site employees and all compensation and benefits for all Project Employees and off-site employees shall be in accordance with the Annual Business Plan or as otherwise approved by Owner in writing. Owner acknowledges that the following miscellaneous documented expenses, when reasonably incurred in with respect to the performance of Manager’s obligations under this Agreement, shall be reimbursable to Manager by Owner to the extent reflected in the Annual Business Plan (which list of expenses is not intended to be all-inclusive): ) to the extent set forth in the applicable Annual Business Plan: courier services, postage, photocopies, signage, check printing, marketing expenses, bank charges, telephone and answering service (which may be allocated on a prorata pro rata basis among the Apartments Project and other projects managed by Manager). All reimbursable payments made by Manager hereunder shall be reimbursed by Owner from funds deposited in an account established pursuant to Section 4.2 of this Agreement. Manager shall not be obligated to make any advance to or for the account of Owner or to pay any sums, except out of funds held in an account maintained under Section 4.2, nor shall Manager be obligated to incur any liability or obligation for the account of Owner without assurance that the necessary funds for the discharge thereof will be provided by Owner. In the performance of its duties as agent and Manager of the Apartments, Manager shall act solely as the agent of the Owner. All debts and liabilities to third persons incurred by Manager in the course of its operation and management of the Apartments Project shall be the debts and liabilities of the Owner only, and Manager shall not be liable for any such debt or liabilities, except (i) as otherwise expressly provided herein or (ii) to the extent Manager has exceeded its authority hereunder. Manager may sub-contract any or all of its responsibilities hereunder, but Owner shall look to Manager for the performance of such responsibilities in accordance with this Agreement and Manager shall be solely responsible for paying the fees and expenses of any duly qualified and licensed person or entity to which it sub-contracts its responsibilities hereunder, except as otherwise agreed in writing between Owner and Manager.

Expense of Owner. All acts performed by Manager in the performance of its obligations under this Agreement shall be performed as the agent on behalf of Owner, and all obligations or expenses incurred thereby, if included in the Annual Business Plan or otherwise approved in writing by Owner, shall be for the account of, on behalf of, and at the expense of Owner, except as otherwise specifically provided in this Article II and except that III. Owner shall not be obligated to reimburse Manager for any expense allocable to (i) allocable to time spent on projects other than the Project, on work otherwise unrelated to the Project or on Manager’s general administration, (ii) any personnel other than personnel located at the Project site and personnel spending a portion of their working hours (to be charged on a prorata pro rata basis) at the Project site or in specifically performing Manager’s obligations hereunder, whether on or off the Project site or (iii) that is not authorized by the Annual Business Plansite. Manager may use employees normally assigned to other work centers or part-time employees to properly staff the Project, on a reduced, increased or emergency work load basis, including property, business and assistant managers, leasing directors, administrative personnel, maintenance employees and maintenance supervisors, whose wages and related expenses shall be reimbursed on a prorata pro rata basis for the time actually spent at or for the Apartments but only Project to the extent set forth in the applicable Annual Business Plan. Owner shall reimburse to Manager the costs and expenses incurred by Manager on Owner’s behalf including the wages and salaries and other employee-related expenses and benefits of all on-site and affiliate employees of Manager who are engaged in the operation, management, maintenance and leasing or access of a Project, including taxes, insurance and benefits relating to such employees, costs of technology related to the Projects, including computers, telephone systems and property management and accounting software and any upgrades or conversions thereof, and legal, travel and other out-of-pocket expenses directly related to the management of a Project, provided that such items are reflected in the Annual Business Plan. A property manager or business manager at the Apartments and any other persons performing functions only at the Apartments substantially similar to those of a business manager, including but not limited to assistant managers, leasing directors, leasing agents, sales directors, sales agents, bookkeepers, and other on-site administrative and/or maintenance personnel performing work on behalf of the Property, if they are on-site personnel, shall not be considered executive employees of Manager and shall be collectively referred to herein as “Project Employees”. The staffing plan including, without limitation, the number and positions of all Project Employees and off-site employees and all compensation and benefits for all Project Employees and off-site employees shall be in accordance with the Annual Business Plan or as otherwise approved by Owner in writing. Owner acknowledges that the following miscellaneous documented expenses, when reasonably incurred in with respect to the performance of Manager’s obligations under this Agreement, shall be reimbursable to Manager by Owner to the extent reflected in the Annual Business Plan (which list of expenses is not intended to be all-inclusive): ) to the extent set forth in the applicable Annual Business Plan: courier services, postage, photocopies, signage, check printing, marketing expenses, bank charges, telephone and answering service (which may be allocated on a prorata pro rata basis among the Apartments Project and other projects managed by Manager). All reimbursable payments made by Manager hereunder shall be reimbursed by Owner from funds deposited in an account established pursuant to Section 4.2 5.2 of this Agreement. Manager shall not be obligated to make any advance to or for the account of Owner or to pay any sums, except out of funds held in an account maintained under Section 4.25.2, nor shall Manager be obligated to incur any liability or obligation for the account of Owner without assurance that the necessary funds for the discharge thereof will be provided by Owner. In the performance of its duties as agent and Manager of the Apartments, Manager shall act solely as the agent of the Owner. All debts and liabilities to third persons incurred by Manager in the course of its operation and management of the Apartments Project shall be the debts and liabilities of the Owner only, and Manager shall not be liable for any such debt or liabilities, except (i) as otherwise expressly provided herein or (ii) to the extent Manager has exceeded its authority hereunder. Manager may sub-contract any or all of its responsibilities hereunder, but Owner shall look to Manager for the performance of such responsibilities in accordance with this Agreement and Manager shall be solely responsible for paying the fees and expenses of any duly qualified and licensed person or entity to which it sub-contracts its responsibilities hereunder, except as otherwise agreed in writing between Owner and Manager.

Expense of Owner. All acts performed by Manager in the performance of its obligations under this Agreement shall be performed as the agent on behalf of Owner, and all obligations or expenses incurred thereby, if included in the Annual Business Plan or otherwise approved in writing by Owner, shall be for the account of, on behalf of, and at the expense of Owner, except as otherwise specifically provided in this Article II and except that III. Owner shall not be obligated to reimburse Manager for any expense allocable to (i) allocable to time spent on projects other than the Project, on work otherwise unrelated to the Project or on Manager’s general administration, (ii) any personnel other than personnel located at the Project site and personnel spending a portion of their working hours (to be charged on a prorata pro rata basis) at the Project site or in specifically performing Manager’s obligations hereunder, whether on or off the Project site or (iii) that is not authorized by the Annual Business Plansite. Manager may use employees normally assigned to other work centers or part-time employees to properly staff the Project, on a reduced, increased or emergency work load basis, including property, business and assistant managers, leasing directors, administrative personnel, maintenance employees and maintenance supervisors, whose wages and related expenses shall be reimbursed on a prorata pro rata basis for the time actually spent at or for the Apartments but only Project to the extent set forth in the applicable Annual Business Plan. Owner shall reimburse to Manager the costs and expenses incurred by Manager on Owner’s behalf including the wages and salaries and other employee-related expenses and benefits of all on-site and Affiliate employees of Manager who are engaged in the operation, management, maintenance and leasing or access of a Project, including taxes, insurance and benefits relating to such employees, costs of technology related to the Projects, including computers, telephone systems and property management and accounting software and any upgrades or conversions thereof, and legal, travel and other out-of-pocket expenses directly related to the management of a Project, provided that such items are reflected in the Annual Business Plan. A property manager or business manager at The foregoing notwithstanding, the Apartments and any other persons performing functions only at total amount of such reimbursement with respect to each full calendar month following the Apartments substantially similar to those of a business manager, including but not limited to assistant managers, leasing directors, leasing agents, sales directors, sales agents, bookkeepers, and other on-site administrative and/or maintenance personnel performing work on behalf of the Property, if they are on-site personnel, shall not be considered executive employees of Manager and Effective Date shall be collectively referred reduced by an amount equal to herein as “Project Employees”. The staffing plan including, without limitation, the number and positions of all Project Employees and off-site employees and all compensation and benefits for all Project Employees and off-site employees shall be in accordance with the Annual Business Plan or as otherwise approved by Owner in writingFifty Thousand Dollars per month ($50,000.00). Owner acknowledges that the following miscellaneous documented expenses, when reasonably incurred in with respect to the performance of Manager’s obligations under this Agreement, shall be reimbursable to Manager by Owner to the extent reflected in the Annual Business Plan (which list of expenses is not intended to be all-inclusive): ) to the extent set forth in the applicable Annual Business Plan: courier services, postage, photocopies, signage, check printing, marketing expenses, bank charges, telephone and answering service (which may be allocated on a prorata pro rata basis among the Apartments Project and other projects managed by Manager). All reimbursable payments made by Manager hereunder shall be reimbursed by Owner from funds deposited in an account established pursuant to Section 4.2 5.2 of this Agreement. Manager shall not be obligated to make any advance to or for the account of Owner or to pay any sums, except out of funds held in an account maintained under Section 4.25.2, nor shall Manager be obligated to incur any liability or obligation for the account of Owner without assurance that the necessary funds for the discharge thereof will be provided by Owner. In the performance of its duties as agent and Manager of the Apartments, Manager shall act solely as the agent of the Owner. All debts and liabilities to third persons incurred by Manager in the course of its operation and management of the Apartments Project shall be the debts and liabilities of the Owner only, and Manager shall not be liable for any such debt or liabilities, except (i) as otherwise expressly provided herein or (ii) to the extent Manager has exceeded its authority hereunder. Manager may sub-contract any or all of its responsibilities hereunder, but Owner shall look to Manager for the performance of such responsibilities in accordance with this Agreement and Manager shall be solely responsible for paying the fees and expenses of any duly qualified and licensed Person to which it sub-contracts its responsibilities hereunder, except as otherwise agreed in writing between Owner and Manager.