IT IS MUTUALLY AGREED THAT. 6.1 The Owner expressly withholds from the Agent any power or authority to make any structural changes in any building or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to Owner other than expenses related to exercising the express powers above vested in Agent without the prior written direction of an authorized representative of Owner. Agent is granted the authority to make structural changes or major alterations if such actions are required because of danger to life or which are immediately necessary for the preservation and safety of the Premises or the safety of the occupants thereof or are required to avoid the suspension of any necessary service to the Premises. 6.2 The Agent does not assume and is given no responsibility for compliance of any building on the Premises or any equipment therein with the requirements of any statute, ordinance, law, or regulation of any governmental body or of any public authority or official thereof having jurisdiction, except to notify the Owner promptly or forward to the Owner promptly any complaints, warnings, notices, or summonses received by it relating to such matters. The Owner represents that to the best of his (its) knowledge the Premises and such equipment comply with all such requirements and authorizes the Agent, its representatives, servants, and employees, of and from all loss, cost, expense, and liability whatsoever which may be imposed on them or any of them by reason of any present or future violation or alleged violation of such laws, ordinances, statutes, or regulations. 6.3 In the event it is alleged or charged that any building on the Premises or any equipment therein or any act or failure to act by the Owner with respect to the Premises or the sale, rental, or other disposition thereof fails to comply with, or is in violation of, any of the requirements of a constitutional provision, statute, ordinance, law, or regulation of any governmental body or any order or ruling of any public authority or official thereof having or claiming to have jurisdiction thereover, and the Agent, in its sole and absolute discretion, considers that the action or position of the Owner or registered managing Agent with respect thereto may result in damage or liability to the Agent, the Agent shall have the right to cancel this Agreement at any time by written notice to the Owner of its election so to do, which cancellation shall be effective upon the service of such notice. Such notice may be served personally or by registered mail, on or to the person named to receive the Agent's monthly statement at the address designated for such person as provided in Paragraph 2.2 above, and if service by mail shall be deemed to have been served when deposited in the U.S. Mail. Such cancellation shall not release the indemnities of the Owner set forth in Paragraph 4 and 6.2 above and shall not terminate any liability or obligation of the Owner to the Agent for any payment, reimbursement, or other sum of money then due and payable to the Agent hereunder.
Appears in 4 contracts
Samples: Management Agreement (Maxus Realty Trust Inc.), Management Agreement (Maxus Realty Trust Inc), Management Agreement (Maxus Realty Trust Inc)
IT IS MUTUALLY AGREED THAT. 6.1 The Owner expressly withholds from the Agent any power or authority to make any structural changes in any building or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to Owner other than expenses related to exercising the express powers above vested in Agent without the prior written direction of an authorized representative of Owner. Agent is granted the authority to make structural changes or major alterations if such actions are required because of danger to life or which are immediately necessary for the preservation and safety of the Premises or the safety of the occupants thereof or are required to avoid the suspension of any necessary service to the Premises.
6.2 The Agent does not assume and is given no responsibility for compliance of any building on the Premises or any equipment therein with the requirements of any statute, ordinance, law, law or regulation of any governmental body or of any public authority or official thereof having jurisdiction, except to notify the Owner promptly or forward to the Owner promptly any complaints, warnings, notices, or summonses received by it relating to such matters. The Owner represents that to the best of his (its) knowledge the Premises and such equipment comply with all such requirements and authorizes the Agent, its representatives, servants, and employees, of and from all loss, cost, expense, and liability whatsoever which may be imposed on them or any of them by reason of any present or future violation or alleged violation of such laws, ordinances, statutes, or regulations.
6.3 In the event it is alleged or charged that any building on the Premises or any equipment therein or any act or failure to act by the Owner with respect to the Premises or the sale, rental, rental or other disposition thereof fails to comply with, or is in violation of, any of the requirements of a constitutional provision, statute, ordinance, law, law or regulation of any governmental body or any order or ruling of any public authority or official thereof having or claiming to have jurisdiction thereover, and the Agent, in its sole and absolute discretion, considers that the action or position of the Owner or registered managing Agent with respect thereto may result in damage or liability to the Agent, the Agent shall have the right to cancel this Agreement at any time by written notice to the Owner of its election so to do, which cancellation shall be effective upon the service of such notice. Such notice may be served personally or by registered mail, on or to the person named to receive the Agent's monthly statement at the address designated for such person as provided in Paragraph 2.2 above, and if service by mail shall be deemed to have been served when deposited in the U.S. Mail. Such cancellation shall not release the indemnities of the Owner set forth in Paragraph 4 and 6.2 above and shall not terminate any liability or obligation of the Owner to the Agent for any payment, reimbursement, or other sum of money then due and payable to the Agent hereunder.
Appears in 4 contracts
Samples: Management Agreement (Maxus Real Property-Four L P), Management Agreement (Maxus Real Property-Four L P), Management Agreement (Nooney Realty Trust Inc)
IT IS MUTUALLY AGREED THAT. 6.1 The Owner expressly withholds from the Agent any power or authority to make any structural changes in any building or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to Owner other than expenses related to exercising the express powers above vested in Agent without the prior written direction of an authorized representative of Owner. Agent is granted the authority to make structural changes or major alterations if such actions are required because of danger to life or which are immediately necessary for the preservation and safety of the Premises or the safety of the occupants thereof or are required to avoid the suspension of any necessary service to the Premises.
6.2 The Agent does not assume and is given no responsibility for compliance of any building on the Premises or any equipment therein with the requirements of any statute, ordinance, law, or regulation of any governmental body or of any public authority or official thereof having jurisdiction, except to notify the Owner promptly or forward to the Owner promptly any complaints, warnings, notices, or summonses received by it relating to such matters. The Owner represents that to the best of his (its) its knowledge the Premises and such equipment comply with all such requirements and authorizes the Agent, its representatives, servants, and employees, of and from all loss, cost, expense, and liability whatsoever which may be imposed on them or any of them by reason of any present or future violation or alleged violation of such laws, ordinances, statutes, or regulations.
6.3 In the event it is alleged or charged that any building on the Premises or any equipment therein or any act or failure to act by the Owner with respect to the Premises or the sale, rental, or other disposition thereof fails to comply with, or is in violation of, any of the requirements of a constitutional provision, statute, ordinance, law, or regulation of any governmental body or any order or ruling of any public authority or official thereof having or claiming to have jurisdiction thereover, and the Agent, in its sole and absolute discretion, considers that the action or position of the Owner or registered managing Agent with respect thereto may result in damage or liability to the Agent, the Agent shall have the right to cancel this Agreement at any time by written notice to the Owner of its election so to do, which cancellation shall be effective upon the service of such notice. Such notice may be served personally or by registered mail, on or to the person named to receive the Agent's monthly statement at the address designated for such person as provided in Paragraph 2.2 above, and if service by mail shall be deemed to have been served when deposited in the U.S. Mail. Such cancellation shall not release the indemnities of the Owner set forth in Paragraph 4 and 6.2 above and shall not terminate any liability or obligation of the Owner to the Agent for any payment, reimbursement, or other sum of money then due and payable to the Agent hereunder.
Appears in 2 contracts
Samples: Management Agreement (Maxus Realty Trust Inc), Management Agreement (Maxus Realty Trust Inc)
IT IS MUTUALLY AGREED THAT. 6.1 The Owner expressly withholds from the Agent any power or authority to make any structural changes in any building or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to Owner other than expenses related to exercising the express powers above vested in Agent without the prior written direction of an authorized representative of Owner. Agent is granted the authority to make structural changes or major alterations if such actions are required because of danger to life or which are immediately necessary for the preservation and safety of the Premises or the safety of the occupants thereof or are required to avoid the suspension of any necessary service to the Premises.
6.2 The Agent does not assume and is given no responsibility for compliance of any building on the Premises or any equipment therein with the requirements of any statute, ordinance, law, or regulation of any governmental body or of any public authority or official thereof having jurisdiction, except to notify the Owner promptly or forward to the Owner promptly any complaints, warnings, notices, or summonses received by it relating to such matters. The Owner represents that to the best of his (its) knowledge the Premises and such equipment comply with all such requirements and authorizes the Agent, its representatives, servants, and employees, of and from all loss, cost, expense, and liability whatsoever which may be imposed on them them, or any of them them, by reason of any present or future violation or alleged violation of such laws, ordinances, statutes, or regulations.
6.3 In the event it is alleged or charged that any building on the Premises or any equipment therein or any act or failure to act by the Owner with respect to the Premises or the sale, rental, or other disposition thereof fails to comply with, with or is in violation of, of any of the requirements of a constitutional provision, statute, ordinance, law, or regulation of any governmental body or any order or ruling of any public authority or official thereof having or claiming to have jurisdiction thereover, and the Agent, in its sole and absolute discretion, considers that the action or position of the Owner or registered managing Agent with respect thereto may result in damage or liability to the Agent, the Agent shall have the right to cancel this Agreement at any time by written notice to the Owner of its election so to do, which cancellation shall be effective upon the service of such notice. Such notice may be served personally or by registered mail, mail on or to the person named to receive the Agent's monthly statement at the address designated for such person as provided in Paragraph 2.2 above, and if service by mail mail, it shall be deemed to have been served when deposited in the U.S. Mail. Such cancellation shall not release the indemnities of the Owner set forth in Paragraph 4 and 6.2 above and shall not terminate any liability or obligation of the Owner to the Agent for any payment, reimbursement, or other sum of money then due and payable to the Agent hereunder.
Appears in 1 contract
Samples: Management Agreement (Maxus Real Property Investors Four Lp)
IT IS MUTUALLY AGREED THAT. 6.1 The Owner expressly withholds from the Agent Manager any power or authority to make any structural changes in any building building, or to make any other major alterations or additions in in, or to to, any such building or equipment therein, except as required by law; or to incur any expense chargeable to Owner the Owner, other than expenses related to exercising the express powers above vested in Agent without the prior written direction Manager, except such emergency repairs as may be required to ensure the safety of an authorized representative of Owner. Agent is granted the authority to make structural changes persons or major alterations if such actions are required because of danger to life property, or which are immediately necessary for the preservation and safety of the Premises Premises, or the safety of the tenants and occupants thereof thereof, or are required to avoid the suspension of any necessary service to the Premises.
6.2 The Agent does not assume and is given no responsibility Manager shall be responsible for compliance of notifying Owner in the event Manager receives notice that any building improvements on the Premises or any equipment therein does not comply with the requirements of any statute, ordinance, law, law or regulation of any governmental body or of any public authority or official thereof having jurisdiction, except or claiming to notify the Owner have jurisdiction thereover. Manager shall promptly or forward to the Owner promptly any complaints, warnings, notices, notices or summonses received by it relating to such matters. The Owner represents that to the best of his (its) its knowledge the improvements on the Premises and such equipment comply with all such requirements and authorizes the AgentManager to disclose the Owner of the Premises to any such officials and agrees to indemnify, its representativesprotect, servantsdefend, save and employees, hold the Manager and the other Indemnified Parties harmless of and from any and all loss, cost, expense, and liability whatsoever Losses which may be imposed on them or any of them by reason of the failure of Owner to correct any present or future violation or alleged violation of such any and all present or future laws, ordinances, statutes, or regulationsregulations of any public authority or official thereof, having or claiming to have jurisdiction thereover, of which it has actual notice.
6.3 In the event it is alleged or charged that any building improvements on the Premises or any equipment therein or any act or failure to act by the Owner with respect to the Premises or the sale, rental, or other disposition thereof fails to comply with, or is in violation of, any of the requirements of a any constitutional provision, statute, ordinance, law, or regulation of any governmental body or any order or ruling of any public authority or official thereof having or claiming to have jurisdiction thereover, and the AgentManager, in its sole and absolute discretion, considers that the action or position of the Owner or registered managing Agent Owner, with respect thereto thereto, may result in damage or liability to the AgentManager, the Agent Manager shall have the right to cancel this Agreement at any time by written notice to the Owner of its election so to do, which cancellation shall be effective upon the service of such notice. Such notice may be served personally or by registered mail, on or to the person named to receive the Agent's monthly statement at the address designated for such person as provided in Paragraph 2.2 above, and if service by mail shall be deemed to have been served when deposited in the U.S. Mail. Such cancellation shall not release the indemnities of the Owner set forth in Paragraph 4 this Agreement, including, but not limited to, those set forth in Sections 1.1, 4.1 and 6.2 above 4.2 and shall not terminate any liability or obligation of the Owner to the Agent Manager for any payment, reimbursement, or other sum of money then due and payable to the Agent Manager hereunder.
6.4 All personnel expenses, including but not limited to, wages, salaries, insurance, fringe benefits, employment related taxes and other governmental charges, shall be charges incurred in connection with the Premises for purposes of Section 3.2 hereof, to the extent such expenses are apportioned by the Manager to services rendered for the benefit of the Premises. The number and classification of employees serving the Premises shall be as determined by the Manager to be appropriate for the proper operation of the Premises; provided, that the Owner may request changes in the number or classifications of employees, and the Manager shall make such changes unless, in its judgment, the resulting level of operation or maintenance of the Premises will be inadequate. The Manager shall honor any collective bargaining contract covering employment at the Premises which is in effect upon the date of execution of this Agreement; provided, that the Manager shall not assume or otherwise become a party to such contract for any purpose whatsoever and all personnel subject to such contract shall be considered the employees of the Premises and not the Manager.
6.5 Manager is prohibited from directing a tenant away from renewing a Premises lease, or a replacement tenant away from entering into a Premises lease, and toward leasing a property owned by Manager or any an affiliate of Manager and located within a five-mile radius.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Inland Real Estate Corp)
IT IS MUTUALLY AGREED THAT. 6.1 The Owner expressly withholds from the Agent any power or authority to make any structural changes in any building or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to Owner other than expenses related to exercising the express powers above vested in Agent without the prior written direction of an authorized representative of Owner. Agent is granted the authority to make structural changes or major alterations if such actions are required because of danger to life or which are immediately necessary for the preservation and safety of the Premises or the safety of the occupants thereof or are required to avoid the suspension of any necessary service to the Premises.
6.2 The Agent does not assume and is given no responsibility for compliance of any building on the Premises or any equipment therein with the requirements of any statute, ordinance, law, or regulation of any governmental body or of any public authority or official thereof having jurisdiction, except to notify the Owner promptly or forward to the Owner promptly any complaints, warnings, notices, or summonses received by it relating to such matters. The Owner represents that to the best of his (its) knowledge the Premises and such equipment comply with all such requirements and authorizes the Agent, its representatives, servants, and employees, of and from all loss, cost, expense, and liability whatsoever which may be imposed on them or any of them by reason of any present or future violation or alleged violation of such laws, ordinances, statutes, or regulations.
6.3 In the event it is alleged or charged that any building on the Premises or any equipment therein or any act or failure to act by the Owner with respect to the Premises or the sale, rental, or other disposition thereof fails to comply with, or is in violation of, any of the requirements of a constitutional provision, statute, ordinance, law, or regulation of any governmental body or any order or ruling of any public authority or official thereof having or claiming to have jurisdiction thereover, and the Agent, in its sole and absolute discretion, considers that the action or position of the Owner or registered managing Agent with respect thereto may result in damage or liability to the Agent, the Agent shall have the right to cancel this Agreement at any time by written notice to the Owner of its election so to do, which cancellation shall be effective upon the service of such notice. Such notice may be served personally or by registered mail, on or to the person named to receive the Agent's monthly statement at the address designated for such person as provided in Paragraph 2.2 above, and if service by mail shall be deemed to have been served when deposited in the U.S. Mail. Such cancellation shall not release the indemnities of the Owner set forth in Paragraph 4 and 6.2 above and shall not terminate any liability or obligation of the Owner to the Agent for any payment, reimbursement, or other sum of money then due and payable to the Agent hereunder.. 5
Appears in 1 contract
IT IS MUTUALLY AGREED THAT. 6.1 The Owner OWNER expressly withholds from the Agent AGENT any power or authority to make any structural changes in any building or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to Owner OWNER other than expenses related to exercising the express powers above vested in Agent AGENT without the prior written direction of an authorized representative of OwnerOWNER. Agent AGENT is granted the authority to make structural changes or major alterations if such actions are required because of danger to life or which are immediately necessary for the preservation and safety of the Premises or the safety of the occupants thereof or are required to avoid the suspension of any necessary service to the Premises.
6.2 The Agent AGENT does not assume and is given no responsibility for compliance of any building on the Premises or any equipment therein with the requirements of any statute, ordinance, law, law or regulation of any governmental body or of any public authority or official thereof having jurisdiction, except to notify the Owner OWNER promptly or forward to the Owner OWNER promptly any complaints, warnings, notices, or summonses received by it relating to such matters. The Owner OWNER represents that to the best of his (its) knowledge the Premises and such equipment comply with all such requirements and authorizes the AgentAGENT, its representatives, servants, and employees, of and from all loss, cost, expense, and liability whatsoever which may be imposed on them or any of them by reason of any present or future violation or alleged violation of such laws, ordinances, statutes, or regulations.
6.3 In the event it is alleged or charged that any building on the Premises or any equipment therein or any act or failure to act by the Owner OWNER with respect to the Premises or the sale, rental, rental or other disposition thereof fails to comply with, or is in violation of, any of the requirements of a constitutional provision, statute, ordinance, law, law or regulation of any governmental body or any order or ruling of any public authority or official thereof having or claiming to have jurisdiction thereover, and the AgentAGENT, in its sole and absolute discretion, considers that the action or position of the Owner OWNER or registered managing Agent AGENT with respect thereto may result in damage or liability to the AgentAGENT, the Agent AGENT shall have the right to cancel this Agreement at any time by written notice to the Owner OWNER of its election so to do, which cancellation shall be effective upon the service of such notice. Such notice may be served personally or by registered mail, on or to the person named to receive the AgentAGENT's monthly statement at the address designated for such person as provided in Paragraph 2.2 above, and if service by mail shall be deemed to have been served when deposited in the U.S. Mail. Such cancellation shall not release the indemnities of the Owner OWNER set forth in Paragraph 4 and 6.2 above and shall not terminate any liability or obligation of the Owner OWNER to the Agent AGENT for any payment, reimbursement, or other sum of money then due and payable to the Agent AGENT hereunder.
Appears in 1 contract
Samples: Management Agreement (Secured Investment Resources Fund Lp Iii)
IT IS MUTUALLY AGREED THAT. 6.1 The Owner expressly withholds from the Agent any power or authority to make any structural changes in any building or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to Owner other than expenses related to exercising the express powers above vested in Agent without the prior written direction of an authorized representative of Owner. Agent is granted the authority to make structural changes or major alterations if such actions are required because of danger to life or which are immediately necessary for the preservation and safety of the Premises or the safety of the occupants thereof or are required to avoid the suspension of any necessary service to the Premises.
6.2 The Agent does not assume and is given no responsibility for compliance of any building on the Premises or any equipment therein with the requirements of any statute, ordinance, law, or regulation of any governmental body or of any public authority or official thereof having jurisdiction, except to notify the Owner promptly or forward to the Owner promptly any complaints, warnings, notices, or summonses received by it relating to such matters. The Owner represents that to the best of his (its) its knowledge the Premises and such equipment comply with all such requirements and authorizes the Agent, its representatives, servants, and employees, of and from all loss, cost, expense, and liability whatsoever which may be imposed on them or any of them by reason of any present or future violation or alleged violation of such laws, ordinances, statutes, or regulations.
6.3 In the event it is alleged or charged that any building on the Premises or any equipment therein or any act or failure to act by the Owner with respect to the Premises or the sale, rental, or other disposition thereof fails to comply with, or is in violation of, any of the requirements of a constitutional provision, statute, ordinance, law, or regulation of any governmental body or any order or ruling of any public authority or official thereof having or claiming to have jurisdiction thereoverthere over, and the Agent, in its sole and absolute discretion, considers that the action or position of the Owner or registered managing Agent with respect thereto may result in damage or liability to the Agent, the Agent shall have the right to cancel this Agreement at any time by written notice to the Owner of its election so to do, which cancellation shall be effective upon the service of such notice. Such notice may be served personally or by registered mail, on or to the person named to receive the Agent's monthly statement at the address designated for such person as provided in Paragraph 2.2 above, and if service by mail shall be deemed to have been served when deposited in the U.S. Mail. Such cancellation shall not release the indemnities of the Owner set forth in Paragraph 4 and 6.2 above and shall not terminate any liability or obligation of the Owner to the Agent for any payment, reimbursement, or other sum of money then due and payable to the Agent hereunder.
Appears in 1 contract
IT IS MUTUALLY AGREED THAT. 6.1 The Owner expressly withholds from the Agent any power or authority to make any structural changes in any building or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to Owner other than expenses related to exercising the express powers above vested in Agent without the prior written direction of an authorized representative of Owner. Agent is granted the authority to make structural changes or major alterations if such actions are required because of danger to life or which are immediately necessary for the preservation and safety of the Premises or the safety of the occupants thereof or are required to avoid the suspension of any necessary service to the Premises.
6.2 The Agent does not assume and is given no responsibility for compliance of any building on the Premises or any equipment therein with the requirements of any statute, ordinance, law, law or regulation of any governmental body or of any public authority or official thereof having jurisdiction, except to notify the Owner promptly or forward to the Owner promptly any complaints, warnings, notices, or summonses received by it relating to such matters. The Owner represents that to the best of his (its) knowledge the Premises and such equipment comply with all such requirements and authorizes the Agent, its representatives, servants, and employees, of and from all loss, cost, expense, and liability whatsoever which may be imposed on them or any of them by reason of any present or future violation or alleged violation of such laws, ordinances, statutes, or regulations.
6.3 In the event it is alleged or charged that any building on the Premises or any equipment therein or any act or failure to act by the Owner with respect to the Premises or the sale, rental, rental or other disposition thereof fails to comply with, or is in violation of, any of the requirements of a constitutional provision, statute, ordinance, law, law or regulation of any governmental body or any order or ruling of any public authority or official thereof having or claiming to have jurisdiction thereover, and the Agent, in its sole and absolute discretion, considers that the action or position of the Owner or registered managing Agent with respect thereto may result in damage or liability to the Agent, the Agent shall have the right to cancel this Agreement at any time by written notice to the Owner of its election so to do, which cancellation shall be effective upon the service of such notice. Such notice may be served personally or by registered mail, on or to the person named to receive the Agent's monthly statement at the address designated for such person as provided in Paragraph 2.2 above, and if service by mail shall be deemed to have been served when deposited in the U.S. Mail. Such cancellation shall not release the indemnities of the Owner set forth in Paragraph 4 and 6.2 above and shall not terminate any liability or obligation of the Owner to the Agent for any payment, reimbursement, or other sum of money then due and payable to the Agent hereunder.
Appears in 1 contract
IT IS MUTUALLY AGREED THAT. 6.1 The Owner expressly withholds from the Agent any power or authority to make any structural changes in any building or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to the Owner other than expenses related to exercising the express powers above vested in the Agent without the prior written direction of an authorized representative of Owner. Agent is granted the authority to make structural changes or major alterations if such actions are required because of danger to life or which are immediately necessary for the preservation and safety of the Premises or the safety of the occupants thereof or are required to avoid the suspension of any necessary service to the Premises.following person: Name Email Address Address Phone:
6.2 The Agent does not assume and is given no responsibility for compliance of any building on the Premises or any equipment therein with the requirements of any statute, ordinance, law, or regulation of any governmental body or of any public authority or official thereof having jurisdiction, except to notify the Owner promptly or forward to the Owner promptly any complaints, warnings, notices, or summonses received by it relating to such mattersmatters as well as matters referred to in Sections 4.1, 4,3 and 4.4 of this agreement. The Owner represents that to the best of his (its) knowledge the Premises and such equipment comply with all such requirements and authorizes the Agent to disclose the Ownership of the Premises to any such officials and agrees to indemnify and hold harmless the Agent, its representatives, servants, and employees, of and from all loss, cost, expense, and liability whatsoever which may be imposed on them or any of them by reason of any present or future violation or alleged violation of such laws, ordinances, statutes, or regulationsregulation.
6.3 In the event it is alleged or charged that any building on the Premises or any equipment therein or any act or failure to act by the Owner with the respect to the Premises or the sale, rental, or other disposition thereof fails to comply with, or is in violation of, any of the requirements of a any constitutional provision, statutestatue, ordinance, law, or regulation of any governmental body or any order or ruling of any public authority or official thereof having or claiming to have jurisdiction thereover, and the Agent, in its sole and absolute discretion, considers that the action or position of the Owner or registered managing Agent with respect thereto may result in damage or liability to the Agent, the Agent shall have the right to cancel this Agreement at any time by written notice to the Owner of its election so to dodo so, which cancellation shall be effective upon the service of such notice. Such notice may be served personally or by registered mail, on or to the person named to receive the Agent's monthly statement at the address designated for such person as provided in Paragraph 2.2 above, and if service served by mail shall be deemed to have been served when deposited in the U.S. Mailmail. Such cancellation shall not be release the indemnities of the Owner set forth in Paragraph Paragraphs 4 and 6.2 above and shall not terminate any liability or obligation of the Owner to the Agent for any payment, reimbursement, or other sum of money then due and payable to the Agent hereunder.
6.4 The Owner shall pay or reimburse the Agent for any sums of money due it under this Agreement for services for actions prior to termination, notwithstanding any termination of this Agreement. All provisions of this Agreement that require the Owner to have insured or to defend, reimburse, or indemnify the Agent (including, but not limited to, Paragraph 4.1, 4.2 and 4.3) shall survive any termination and, if Agent is or becomes involved in any proceeding or litigation by reason of having been the Owner's Agent, such provisions shall apply as if this Agreement were still in effect. The parties understand and agree that the Agent may withhold funds for thirty (30) days after the end of the month in which this Agreement is terminated to pay bills previously incurred but not yet invoiced and to close accounts.
Appears in 1 contract
Samples: Property Management Agreement
IT IS MUTUALLY AGREED THAT. 6.1 The Owner expressly withholds from the Agent any power or authority to make any structural changes in any building building, or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to Owner Owner, other than expenses related to exercising the express powers above above-vested in Agent without the prior written direction of an authorized representative of Owner. Agent is granted the authority to make structural changes or major alterations alterations, if such actions are required because of danger to life or which are immediately necessary for the preservation and safety of the Premises Premises, or the safety of the occupants thereof thereof, or are required to avoid the suspension of any necessary service to the Premises.
6.2 The Agent does not assume and is given no responsibility for compliance of any building on the Premises or any equipment therein with the requirements of any statute, ordinance, law, or regulation of any governmental body or of any public authority or official thereof having jurisdiction, except to notify the Owner promptly promptly, or forward to the Owner promptly promptly, any complaints, warnings, notices, or summonses received by it relating to such matters. The Owner represents that to the best of his (its) its knowledge the Premises and such equipment comply with all such requirements requirements, and authorizes the Agent, its representatives, servants, and employees, of and from all loss, cost, expense, and liability whatsoever which may be imposed on them them, or any of them them, by reason of any present or future violation violation, or alleged violation violation, of such laws, ordinances, statutes, or regulations.
6.3 In the event it is alleged or charged that any building on the Premises or any equipment therein therein, or any act or failure to act by the Owner Owner, with respect to the Premises Premises, or the sale, rental, or other disposition thereof thereof, fails to comply with, or is in violation of, any of the requirements of a constitutional provision, statute, ordinance, law, or regulation of any governmental body body, or any order or ruling of any public authority or official thereof having or claiming to have jurisdiction thereover, and the Agent, in its sole and absolute discretion, considers that the action or position of the Owner Owner, or registered managing Agent with respect thereto thereto, may result in damage or liability to the Agent, the Agent shall have the right to cancel this Agreement at any time by written notice to the Owner of its election so to do, which cancellation shall be effective upon the service of such notice. Such notice may be served personally or by registered mail, on or to the person named to receive the AgentOwner's monthly statement at the address designated for such person as provided in Paragraph 2.2 above, and if service by mail mail, it shall be deemed to have been served when deposited in the U.S. Mail. Such cancellation shall not release the indemnities of the Owner set forth in Paragraph 4 and 6.2 above above, and shall not terminate any liability or obligation of the Owner to the Agent for any payment, reimbursement, or other sum of money then due and payable to the Agent hereunder.
Appears in 1 contract
Samples: Management Agreement (Secured Investment Resources Fund Lp Iii)