Management Duties and Authority Sample Clauses

Management Duties and Authority. Subject to the provisions of this Agreement and at the direction of Owner, Manager shall manage, administer the operations of, and lease the Property on behalf of Owner in a manner consistent with the standard of maintenance generally applied from time to time during the Term to other similarly-situated residential apartment properties of similar age, class, and appearance ("Comparable Properties"), in good order and repair, and in a manner consistent with the Budget and the Financing Documents and in a manner intended to maximize the cash flow from the Property, subject to and within the Budgets approved by Owner as provided herein. Subject to the provisions hereof, and subject to the approved Budgets, Manager shall provide all services reasonably necessary, proper, desirable and appropriate for the successful management and operation of the Property, including, but not limited to the duties and services specified in this Agreement.
Sample 1
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Management Duties and Authority. (a) During the Term of this Agreement, and subject to the provisions of this Agreement and the written directions of Owner as herein provided, Manager shall manage, operate, maintain, repair and lease the Property on behalf of Owner in a first class manner consistent with the Budget (to the extent Owner provides the funds required therefor) and in a manner intended to maximize the Cash Flow and the long term preservation of the value of the Property and the investment goals and objectives of Owner, subject to and within the Budget. During the Term of this Agreement and subject to the provisions hereof and the Budget (to the extent Owner provides the funds requested therefor), Manager shall provide all services reasonably necessary, proper, desirable or appropriate for the successful management, maintenance, repair, leasing and operation of the Property, including the duties and services specified in this Agreement. (b) In connection with the performance of its duties and obligations under this Agreement, (i) Manager shall be entitled to rely upon any and all written approvals or instructions delivered by Owner to Manager, (ii) Manager shall not be liable for its failure to act, or delay in acting, when and to the extent Manager’s obligation or authority to act is limited by the provisions of this Agreement requiring the written approval of or direction from Owner and such written approval or direction is not provided or is not timely provided, and (iii) Manager shall not be liable for its failure to act, or delay in acting, when and to the extent Manager’s failure to act, or delay in acting, is caused by Owner’s failure to provide, or delay in providing, funds necessary to manage, operate, maintain, repair, and lease the Property in accordance with the terms of this Agreement and the Budget. (c) Notwithstanding the provisions of Section 8.1, Manager acknowledges and agrees that any requirement for written approval or instruction by Owner pursuant to this Agreement may be given by e-mail correspondence.
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Management Duties and Authority. Mr. McCrary shall serve as a member of and Chairman of the Parent Boaxx xx Xxxxxtors, as President and chief Executive Officer of Parent, ("CEO") and Chairman of the Executive Committee of the Parent Board, ("Chairman").
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Management Duties and Authority. (A) In the performance of its duties and obligations hereunder, Manager shall use commercially reasonable business, good faith efforts to manage the Property in accordance with the terms of this Agreement and in accordance with sound, reasonable and prudent property management practices, in a first-class, professional manner at least equal to the standard of management for comparable mixed use and apartment communities in the metropolitan area where the Property is located, subject, however, to the operating and financial parameters set forth in the Budget and other operational limitations that may be imposed by Owner or agreed to by Owner and Manager. (B) Owner acknowledges and agrees that Manager's responsibilities under this Agreement consist solely of managing the Property and undertaking all tasks necessary or appropriate thereto. Owner agrees that Manager shall have no liability whatsoever for or with respect to any professional services rendered by third parties in connection with the Property, including without limitation any environmental consulting or remediation services. Owner further agrees that Manager shall have no responsibility or liability of any kind to Owner or its members with respect to or arising from the environmental condition of the Property (other than any environmental condition to the extent arising from a Manager Indemnified Act, any environmental remediation or reporting now or hereafter undertaken, or the compliance of the Property with any environmental laws. Manager is not providing legal assistance or advice or risk management assistance or advice to Owner in connection with such negotiations or otherwise.
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Related to Management Duties and Authority

  • Duties and Authority Executive shall serve as the Executive Vice President and Chief Financial Officer of the Company, with those authorities, duties and responsibilities customary to that position and such other authorities, duties and responsibilities as the Board of Directors of Parent (the "Board") or the Company's President and Chief Executive Officer may reasonably assign the Executive from time to time. The Executive shall use his best efforts, including the highest standards of professional competence and integrity, and shall devote substantially all his business time and effort, in and to his employment hereunder, and shall not engage in any other business activity which would conflict with the rendition of his services hereunder, except that the Executive may hold directorships or related positions in charitable, educational or not-for-profit organizations, or directorships in business organizations if approved by the President and Chief Executive Officer, and make passive investments, which do not interfere with the Executive's day-to-day acquittal of his responsibilities to the Company.

  • Duties and Authority of Officers Except as modified by the Governance Board, the duties and authorities of the Officers are as set forth in Schedule 8.2.

  • Status and Authority (i) The Borrower is a non-profit corporation duly organized, existing and in good standing under the laws of North Carolina, (ii) its articles of incorporation and any certificates of assumed or business name have been delivered to the City and are in full force and effect and have not been amended or changed, (iii) no proceeding is pending, planned or threatened for the dissolution, termination or annulment of it, (iv) all articles of incorporation and of assumed or business name required to be filed have been duly filed and it has complied with all other conditions prerequisite to its doing business in North Carolina, (v) it has the power, authority and legal right to carry on the business now being conducted by it and to engage in transactions contemplated by the Loan Documents, and (vi) all necessary corporate actions of it have been duly taken.

  • Full Power and Authority Buyer represents that it has full power and authority to enter into this Agreement.

  • Existence and Authority Each Loan Party is duly organized, validly existing and in good standing under the laws of its jurisdiction of organization (which jurisdiction is identified in Section 1(a) of the Perfection Certificate) and is qualified to do business in each jurisdiction in which the operation of its business requires that it be qualified (which each such jurisdiction is identified in Section 1(a) of the Perfection Certificate) or, if such Loan Party is not so qualified, such Loan Party may cure any such failure without losing any of its rights, incurring any liens or material penalties, or otherwise affecting Agent’s rights. Each Loan Party has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Loan Documents to which it is a party and to carry out the transactions contemplated thereby. The execution, delivery and performance by each Loan Party Obligor of this Agreement and all of the other Loan Documents to which such Loan Party Obligor is a party have been duly and validly authorized, do not violate such Loan Party Obligor’s Governing Documents or any applicable law or any material agreement or instrument or any court order which is binding upon any Loan Party or its property, do not constitute grounds for acceleration of any Indebtedness or obligation under any material agreement or instrument which is binding upon any Loan Party or its property, and do not require the consent of any Person. No Loan Party is required to obtain any government approval, consent, or authorization from, or to file any declaration or statement with, any Governmental Authority in connection with or as a condition to the execution, delivery or performance of any of the Loan Documents. This Agreement and each of the other Loan Documents have been duly executed and delivered by, and are enforceable against, each of the Loan Party Obligors who have signed them, in accordance with their respective terms. Section 1(f) of the Perfection Certificate sets forth the ownership of each Borrower and its Subsidiaries and, as of the Closing Date, Parent.

  • Duties and Powers The business and affairs of the Corporation shall be managed by or under the direction of the Board of Directors which may exercise all such powers of the Corporation and do all such lawful acts and things as are not by statute or by the Certificate of Incorporation or by these By-Laws required to be exercised or done by the stockholders.

  • Legal Power and Authority It has all necessary power and authority to execute, deliver and perform its obligations under this Agreement and to consummate the transactions contemplated hereby. It is an entity duly organized, validly existing and in good standing under the laws its jurisdiction of organization.

  • Power and Authority The Servicer has the corporate power and authority to execute and deliver this Agreement and to carry out its terms; and the execution, delivery and performance of this Agreement have been duly authorized by the Servicer by all necessary corporate action.

  • Purpose and Authority The parties to this agreement are the Department of Homeland Security (DHS) and the (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify.

  • Powers and authority It has the power to enter into and perform, and has taken all necessary action to authorise the entry into and performance of, the Finance Documents to which it is or will be a party and the transactions contemplated by those Finance Documents.

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