General Management Duties. Subject to the availability of funds provided under the Budget, Property Manager shall manage and operate the Property in a manner consistent with the management and operation of comparable properties, shall provide such services as are customarily provided by a manager of properties of comparable class and standing, and shall consult with Owner and keep Owner advised as to all material or extraordinary matters and decisions affecting the Property. Specifically, Property Manager shall, at Owner’s expense, perform the following services and duties for Owner in a faithful, diligent and efficient manner:
(i) Property Manager shall timely prepare and deliver to Owner such accounting and operations reports as and in the manner required pursuant to Owner’s standard reporting requirements, as may be amended from time to time;
(ii) Maintain businesslike relations with tenants of the Property whose service requests shall be received, considered and recorded in systematic fashion in order to show the action taken with respect to each request. Complaints of a serious nature shall, after thorough investigation, be reported to Owner with appropriate recommendations for addressing such complaints;
(iii) Exercise its best efforts to collect all rents and other sums and charges due from tenants, subtenants, licensees and concessionaires of the Property;
(iv) Prepare or cause to be prepared for execution and filing by Owner all forms, reports and returns, if any, required by all federal, state, or local laws in connection with unemployment insurance, workmen’s compensation insurance, disability benefits, Social Security and other similar taxes now in effect or hereafter imposed, and also any other requirements relating to the contracting of third party vendors for the Property; however, Property Manager shall not be obligated to prepare any of Owner’s local, state, or federal income tax returns;
(v) Pay prior to delinquency all real estate taxes, sales tax, personal property taxes and assessments levied against the Property, or any part thereof; and
(vi) Subject to the limitations of the applicable approved Budget adopted pursuant to subsection (b) hereof, perform such other acts as are reasonable, necessary and proper in the discharge of its duties under this Agreement.
General Management Duties. Manager shall manage the Project in an efficient and businesslike manner having due regard for the age and physical condition of the Project. Manager, through its employees, independent contractors and subcontractors, shall supply complete operational services for the Project, provided that the nature and costs of such services are included in the then current Approved Budgets, and provided further that the cost of such services are comparable with general prevailing market conditions. Notwithstanding anything contained in this Agreement to the contrary and as reasonably requested by Owner, Manager shall perform its obligations under this Agreement in a manner which does not cause Owner to violate any of its obligations under Owner's organizational documents or any loan documents with Lenders; provided, however, (i) that Owner shall make all such documentation available to Manager for its review; and (ii) that such requests shall not materially increase Manager's obligations or its non-reimbursable expenses under this Agreement.
General Management Duties. Agent shall use diligence to manage, lease and operate the Property in a professional manner, and shall consult with Owner and keep Owner advised as to all major or extraordinary matters and without limitation, at Owner's expense, perform the following services and duties for Owner in a faithful, diligent and efficient manner:
(a) Maintain businesslike relations with tenants of the Property whose service requests shall be received, considered and recorded in systematic fashion in order to show the action taken with respect to each. Complaints of a serious nature shall, after thorough investigation, be reported to Owner with appropriate recommendations;
(b) Collect all rents and other sums and charges due from tenants, subtenants, licensees and concessionaires of the Property and, if required, retain attorneys or collection agencies for such purpose;
General Management Duties. Subject to the availability of funds provided under the Operating Budget (as hereinafter defined), Manager shall manage and operate the Project in a manner consistent with the management and operation of comparable properties, shall provide such services as are customarily provided by a manager of properties of comparable class and standing, and shall consult with Owner and keep Owner advised as to all material or extraordinary matters and decisions affecting the Project. Notwithstanding the above, it is understood and agreed that Manager shall have the right from time to time to engage third parties to assist Manager in the performance of services and duties hereunder, but such engagement shall not relieve Manager of any of its obligations or duties under this Agreement. Specifically, Manager shall, at Owner's expense, perform the following services and duties for Owner in a faithful, diligent and efficient manner:
General Management Duties. Agent shall use diligence to manage and operate the Property in a professional manner, and shall consult with Owner and keep Owner advised as to all major or extraordinary matters and without limitation, at Owner's expense, perform the following services and duties for Owner in a faithful, diligent and efficient manner:
(a) Maintain businesslike relations with tenants of the Property whose service requests shall be received, considered and recorded in systematic fashion in order to show the action taken with respect to each;
(b) Collect all rents and other sums and charges due from tenants, subtenants, licensees and concessionaires of the Property and, if required, retain attorneys or collection agencies for such purpose;
(c) Prepare or cause to be prepared for execution and filing all forms, reports and returns required by all federal, state and local laws in connection with unemployment insurance, worker's compensation, insurance, disability benefits, Social Security and other similar taxes now in effect or hereafter imposed, and also any other requirements relating to the employment of personnel for the Property; however, Agent shall not be obligated to prepare any of Owner's local, state, or federal income tax returns;
(d) Pay all sums and make all deposits becoming due and payable under the provisions of any ground lease or any loan secured by a mortgage or trust deed against the Property, or any part thereof, and otherwise perform all covenants and obligations required to be performed under the provisions of any such ground lease, mortgage or trust deed (to the extent that the performance of such covenants and obligations are within the control of Agent); and
General Management Duties. Manager shall manage the Project in an efficient and businesslike manner having due regard for the age and physical condition of the Project. Manager, through Subcontracting for Services. Manager shall be entitled to subcontract with Xxxxxxx Properties Services, Inc., a Maryland corporation, a wholly-owned subsidiary of Manager, or another affiliate of Manager (a "Subcontractor"), to perform or cause to be provided any of the services required of Manager hereunder; provided, however, that no such subcontract shall relieve Manager from its obligations to Owner under this Agreement. All payments made by Manager to a Subcontractor pursuant to any such subcontract shall be reimburseable by Owner in accordance with the Annual Plan and the terms hereof.
General Management Duties. Manager shall manage the Project in an efficient and businesslike manner having due regard for the age and physical condition of the Project. Manager, through its employees and independent contractors, shall supply complete operational services for the Project, provided that the nature and costs of such services are included in the then current Approved Annual Budget, and provided further that the cost of such services are comparable with general prevailing market conditions. Manager shall not pay any fees or reimbursements to any affiliate of Manager if and to the extent such fees and/or reimbursements exceed the prevailing fees for any services included in the operating expenses by operators of Institutional Quality Buildings whether such services are provided to such buildings by the operator, the landlord or an outside consultant or service.
General Management Duties. To the extent of available Gross Receipts and Owner's Advances, the Operator shall operate the Property in the same manner as is customary and usual in the operation of comparable facilities, shall provide such services as are customarily provided by operators of a private residence club and lodge of comparable class and standard with comparable charges and fees consistent with the Property's facilities, and keep the Advisory Committee advised as to all material policy matters within the knowledge of Operator and affecting the Property. The standard of operation and service shall be at least the level of current operations and service, except that the level of staffing may be less than current staffing levels during periods when occupancy levels are low, as determined by Operator, due to a Member Owner having exclusive use of the Residences during such period. Notwithstanding any provisions to the contrary, Operator will make no major policy changes not reflected in the budgets without the prior approval of the Advisory Committee nor change any rights or privileges of Member Owners or their guests to use the Residences, except in accordance with the Operating Agreement. Except as otherwise required by this Agreement, or except to the extent that significant policy decisions are involved, Operator shall have all reasonable discretion in the day-to-day operating decisions relating to the operation, direction, management and supervision of the Property, including without limitation, labor matters, credit collection and cash management, terms of admittance, charges for rooms, guest services, entertainment and amusement, food and beverages, purchasing of Operating Equipment and operating supplies, maintenance of the Property, repairs to and replacements of furnishings and equipment, employee compensation and benefits, and shall work in coordination with the Advisory Committee regarding all phases of advertising, promotion, publicity, marketing and leasing strategy relating to the Residences and the Carriage House Inn.
General Management Duties. Lifemark shall be responsible for the day-to-day operational management of the Plan as it relates to the Program consistent with and in compliance with the provisions of this Agreement, the RFA, and any contract between TDHS and the Plan. All amendments to the contract between the Plan and TDHS that relate to the provision of administrative services, including requirements for information services, shall be incorporated into this agreement and Lifemark shall carry out such requirements following reasonable written notice from Plan.
General Management Duties. Manager shall manage each Property in an efficient and businesslike manner having due regard for the age and physical condition of such Property. Manager, through its employees, independent contractors and subcontractors, shall supply complete operational services for each Property, provided that the nature and costs of such services are included in the then-current and applicable Operating Budget and Capital Budget, and provided further that the cost of such services are comparable with general prevailing market conditions. Notwithstanding anything contained in this Agreement to the contrary and as reasonably requested by an Owner, Manager shall perform its obligations under this Agreement in a manner which does not cause such Owner to violate any of its obligations under such Owner’s organizational documents or any loan documents; provided, however, that such requests shall not materially increase Manager’s obligations or its non-reimbursable expenses under this Agreement.
