Common use of General Management Duties Clause in Contracts

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. Subject to the availability of funds provided under the BudgetBudget (as defined in Section 3.3 hereof) and in the Operating Account (as defined in Section 5.1 hereof), Property Manager shall manage and operate the Property Project in a manner consistent with the management and operation of comparable propertiesproperties in Southfield, Michigan, 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 PropertyProject. Specifically, Property Manager shallshall perform, at Owner’s expensewithout limitation, 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; (iia) Maintain businesslike relations with tenants residents of the Property Project whose service requests shall be received, considered 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; (iiib) Exercise its best Use good faith efforts to collect all rents and other sums and charges due from tenantsresidents, subtenantssubresidents, licensees licensees, and concessionaires of the PropertyProject and all other receipts, if any, derived from the operation of the Project; (ivc) Prepare or cause to be prepared for execution and filing by Owner all forms, reports 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 Security, and other similar taxes now in effect or hereafter imposed, and also any other requirements relating to the contracting employment of third party vendors personnel for the PropertyProperty Manager; however, Property Manager shall not be obligated to prepare any of Owner’s local, state, or federal income tax returns; (vd) Pay Subject to the limitations of the approved Budget adopted pursuant to Section 3.3 hereof, pay prior to delinquency all real estate taxes, sales tax, personal property taxes taxes, and assessments levied against the PropertyProject, or any part thereof; and (vie) Subject to the limitations of the applicable approved Budget adopted pursuant to subsection (b) Section 3.3 hereof, perform such other acts as are reasonable, necessary necessary, and proper in the discharge of its duties under this Agreement.

General Management Duties. Subject Pursuant to the availability terms of funds provided under the Budgetthis Agreement, Property Manager shall use due diligence and its best efforts to manage and operate the Property in a manner first class manner, consistent with the management and operation of comparable properties, ; shall provide such services as are customarily provided by a manager managers of properties of comparable class and standing, ; and shall consult with Owner and keep Owner advised as to all material major or extraordinary matters and decisions affecting the Property. Specifically, Property Manager shall, at Owner’s expensewithout limiting the foregoing, perform all the following services and duties for Owner in a faithful, diligent and efficient manner: (ia) 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 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 requesteach. Complaints Property Manager shall immediately advise Owner of complaints of a serious nature shalland, after thorough investigation, be reported Property Manager shall report to Owner Owner, in writing, with appropriate recommendations for addressing such complaintsrecommendations; (iiib) Exercise its best efforts to collect all rents and other sums and charges due from tenants, subtenants, licensees and concessionaires of the PropertyProperty and, upon obtaining Owner’s consent, retain attorneys, subject to Owner’s direction, or collection agencies for such purpose; (ivc) 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 at the contracting of third party vendors for the Property; however, Property Manager shall not be obligated to prepare any direction of Owner’s local, state, or federal income tax returns; (v) Pay prior to delinquency pay all general real estate taxes, sales tax, personal property taxes and assessments levied against the Property, or any part thereof; and; (vid) Subject at the direction of Owner, pay all sums and make all deposits becoming due and payable under the provisions of 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 mortgage or trust deed (to the extent that the performance of such covenants and obligations is within the control of Property Manager); (e) subject to the limitations of the applicable approved Budget adopted pursuant to subsection (b) hereofBudgets, perform such other acts and deeds as are reasonable, necessary and proper in the discharge of its management duties under this Agreement.; (f) obtain and maintain all licenses, permits and certificates required by federal, state and/or local authorities for the operation, maintenance and business of the Property; (g) upon Owner’s request, perform the “Construction Services” described on the Construction Services Exhibit attached hereto as Exhibit “A”; and (h) To the extent not required to be performed by tenants, Property Manager shall comply with and abide by determinations and ordinances pertaining to the Property of any Federal, state or municipal authority having jurisdiction thereof of which Property Manager is aware, including, without limitation, the Occupational Safety and Health Act (collectively, “Law”). If Property Manager receives any notice of a violation of any Law, Property Manager shall promptly notify Owner and furnish copies of such notice. Unless the cost of compliance exceeds the Budget, Property Manager shall remedy the noncompliance and use commercially reasonable efforts to avoid any penalty to which Owner may be subject by reason of the noncompliance. Property Manager shall provide Owner with evidence that the non-compliance has been remedied..

General Management Duties. Subject to the availability of funds provided under the Budget, the restrictions set forth in this Agreement and Owner’s right to terminate this Agreement as to any Property or all Properties, Property Manager shall manage and operate the Property business of the Properties (other than the Marketing and Ancillary Services (as defined in the Ancillary Services Agreement)) in a manner consistent with the management and operation of comparable properties, properties and shall provide such services as are customarily provided by a manager of comparable properties of comparable class (but shall not provide Marketing and standing, and shall consult with Owner and keep Owner advised as to all material or extraordinary matters and decisions affecting the PropertyAncillary Services). Specifically, Property Manager shall, at Owner’s expense, have the sole and exclusive authority to perform, and shall perform (subject to the ultimate authority of Owner), the following services and duties for Owner in a faithful, diligent and efficient manner: (ia) 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 requirementsrequirements set forth in Owner’s partnership agreement, as may be amended from time to time, or as otherwise may be required pursuant to any loan documents applicable to Owner; (iib) Maintain maintain businesslike relations with tenants of the Property Properties 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; (iiic) Exercise its best exercise commercially reasonable efforts to collect all rents and other sums and charges due from tenants, subtenants, licensees and concessionaires of the PropertyProperties; (ivd) Prepare prepare or cause to be prepared for execution and filing by Owner all forms, reports and returns, if any, required by all federal, state, 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 imposedin effect; provided, and also any other requirements relating to the contracting of third party vendors for the Property; however, that Property Manager shall not be obligated to to, and shall not, prepare any of Owner’s local, state, state or federal income tax returns; (ve) Pay pay prior to delinquency all real estate taxes, sales tax, personal property taxes and assessments levied against the any Property, or any part thereof, except if Property Manager is contesting such taxes and is permitted under applicable law not to pay such taxes while they are being contested; and (vif) 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. Subject Agent shall use diligence to the availability of funds provided under the Budgetmanage, Property Manager shall manage lease 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 standingprofessional manner, and shall consult with Owner and keep Owner advised as to all material major or extraordinary matters and decisions affecting the Property. Specifically, Property Manager shallwithout limitation, at Owner’s 's expense, perform the following services and duties for Owner in a faithful, diligent and efficient manner: (ia) 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 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 requesteach. Complaints of a serious nature shall, after thorough investigation, be reported to Owner with appropriate recommendations for addressing such complaintsrecommendations; (iiib) Exercise its best efforts to 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, including instituting actions required to evict tenants and recover possession of the Property, xxx for and recover rent and when expedient settle, compromise and release such actions or suits or reinstate such tenancies; (ivc) Prepare perform and cause to be performed marketing, advertising and leasing activities designed to meet Owner goals as contained in the Approved Budget; (d) execute new and renewal leases with tenants in accordance with the Approved Budget; screen prospective tenants for credit-worthiness and other appropriate leasing criteria; maintain accurate leasing records and files; and perform other normal and customary duties related to maintaining the occupancy of the Property in accordance with the goals contained in the Approved Budget; (e) inspect and process move-outs and related paperwork promptly; handle all tenant security deposits in accordance with all applicable laws concerning the Manager's and/or Owner's responsibility for security deposits and record keeping requirements, if any. (f) enforce the provisions of the lease and community rules and regulations in a consistent manner with all tenants; periodically review community rules and regulations and make such additions, modifications or deletions as appropriate; cause the lease and other legal documents used in the leasing and post-leasing process to be reviewed by an attorney and changed as necessary to maintain compliance with all applicable laws. (g) pay all expenses of the property, to the extent funds are available, in a timely fashion from funds collected and deposited into Property bank accounts; (h) prepare or cause to be prepared for execution and filing by Owner all forms, reports and returns, if any, returns required by all federal, state, or state and local laws in connection with unemployment insurance, workmen’s compensation 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 contracting employment of third party vendors personnel for the Property; however, Property Manager Agent shall not be obligated to prepare any of Owner’s 's local, state, or federal income tax returns; (vi) Pay prior to delinquency pay all real estate taxes, sales tax, personal property taxes sums and assessments levied 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); (j) apply for all replacement reserve or escrow reimbursements from accounts held by any lender or mortgage servicer in accordance with all applicable rules and provisions; and (vik) Subject to the limitations of the applicable approved Budget adopted pursuant to subsection (b) hereof, perform such other acts and deeds as are reasonable, necessary and proper in the discharge of its management duties under this Agreement.

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 reasonably 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 commercially reasonable 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. Subject During the term of this Agreement, Divot ------------------------- shall use due diligence and its best efforts to manage, maintain, operate and perform any and all responsibilities, duties and obligations, currently in effect or hereafter arising, with respect 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, Contracts; shall provide such services as are customarily provided by a manager of properties of comparable class and standing, and Network under the Contracts; shall consult with Owner Network and keep Owner Network advised as to all material major or extraordinary matters and decisions affecting the PropertyContracts; and shall refrain from altering, modifying, amending, or waiving any terms or provisions of the Contracts except in the reasonable and ordinary course of performing any duties and obligations with respect to the Contracts. Specifically, Property Manager Divot shall, at Owner’s expensewithout limiting the foregoing, perform the following services and duties for Owner Network 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; (iia) Maintain businesslike relations with tenants third parties of the Property Contracts and all affiliates and customers of Divot subject to performance of the Contracts, 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;each; -5- (iiib) Exercise its best efforts to collect Pay all rents general and other sums and charges due from tenantsspecific fees, subtenantscharges, licensees and concessionaires taxes or assessments arising as a result the management or performance 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, Contracts or any part thereof; and; (vic) Subject Pay all sums and deposits becoming due and payable under the provisions of any Contract or any part thereof, and otherwise perform all covenants and obligations required to be performed under the provisions of all such Contracts (to the limitations extent that the performance of such covenants and obligations are within the applicable approved Budget adopted pursuant to subsection control of Divot); (bd) hereof, perform Perform such other acts as are Divot deems reasonable, necessary and proper in the discharge of its Divot's duties under this Agreement; and (e) Obtain and maintain all licenses, permits and certificates required by Federal, state or local authorities for the management, maintenance and operation of the Contracts. In exercising the foregoing development duties, Divot shall have the authority to enter into and maintain in effect such contracts, licenses, agreements and other undertakings on behalf of Network and in Network's name as Divot shall from time to time reasonably consider appropriate, subject to applicable laws, ordinances, regulations and permits and to such limitations as are set forth herein. Divot also hereby agrees to seek to renew on behalf of Network any of the Contracts on substantially similar terms (or better from Network's perspective) that expire during the term of this agreement.

General Management Duties. Subject to the availability of funds provided under the BudgetBudget (as defined in Section 3.3 hereof) and in the Operating Account (as defined in Section 5.1 hereof), Property Manager shall manage and operate the Property Project in a manner consistent with the management and operation of comparable propertiesproperties in Austin, Texas, 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 PropertyProject. Specifically, Property Manager shallshall perform, at Owner’s expensewithout limitation, 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; (iia) Maintain businesslike relations with tenants residents of the Property Project whose service requests shall be received, considered 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; (iiib) Exercise its best Use good faith efforts to collect all rents and other sums and charges due from tenantsresidents, subtenantssubresidents, licensees licensees, and concessionaires of the PropertyProject and all other receipts, if any, derived from the operation of the Project; (ivc) Prepare or cause to be prepared for execution and filing by Owner all forms, reports 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 Security, and other similar taxes now in effect or hereafter imposed, and also any other requirements relating to the contracting employment of third party vendors personnel for the PropertyProperty Manager; however, Property Manager shall not be obligated to prepare any of Owner’s local, state, or federal income tax returns; (vd) Pay Subject to the limitations of the approved Budget adopted pursuant to Section 3.3 hereof, pay prior to delinquency all real estate taxes, sales tax, personal property taxes taxes, and assessments levied against the PropertyProject, or any part thereof; and (vie) Subject to the limitations of the applicable approved Budget adopted pursuant to subsection (b) Section 3.3 hereof, perform such other acts as are reasonable, necessary necessary, and proper in the discharge of its duties under this Agreement. Property Manager may engage, oversee and supervise a third-party property manager approved by Owner (and, where applicable, Lender) to directly manage the day-to-day operations of the Project and to operate and maintain the Project in accordance with the terms of this Agreement. Owner hereby approves Bxxx Partners Inc. as an approved third-party property manager for the Project, all of whose fees shall be paid by Property Manager, and Owner shall have no obligations or liability with respect thereto.