Management of the Premises. Manager shall manage, operate and maintain the Premises in a manner normally associated with the management and operation of a high quality office building. Manager shall at all times deal with third parties (whether or not affiliated with Manager) at arms' length and in Owner's interest at all times. Manager shall act in a fiduciary capacity with respect to the proper protection of and accounting for Owner's assets.
Management of the Premises. Without limiting the generality of any other provision of this Article Three, following an Event of Default and the taking of possession of the Trust Estate or any part thereof by Mortgagee and/or the appointment of a receiver of the Trust Estate or any part thereof, Mortgagee or any such receiver shall be authorized, in addition to the rights and powers of Mortgagee and such receiver set forth elsewhere in this Mortgage, to take any action permitted under Article Seven of the Trust Indenture. ARTICLE FOUR
Management of the Premises. Tenant shall act as property manager for the Premises throughout the Term, at Tenant’s cost and expense; provided, however, that Landlord may elect, by delivery of written notice to Tenant, to assume management of the Premises if (i) Tenant does not cure any breach of its obligations under Paragraph 9 [Repair and Maintenance], as provided in Subparagraph 9(e) [Cure Rights], or if Tenant is in “Chronic Default” (as defined in Subparagraph 21(f) [Chronic Default] of its obligations under Paragraph 9 [Repair and Maintenance]; or (ii) at any time during the Term Tenant directly occupies less than sixty percent (60%) of the Rentable Area of the Premises (provided, however; that if Tenant subsequently occupies sixty percent (60%) or more of the Rentable Area of the Premises, Tenant may elect by delivery of written notice to Landlord, to resume management of the Premises on a date designated by Tenant but no earlier than forty-five (45) days after Landlord’s receipt of such notice). If Landlord assumes the management of the Premises, Landlord agrees that it will assume Tenant’s maintenance, repair and replacement obligations contained in Subparagraphs 9(b), (c) and (d) [Repair and Maintenance], and that all costs incurred by Landlord in connection therewith shall be deemed Additional Charges payable by Tenant in accordance with Subparagraph 4(c) [Additional Charges for Expenses and Taxes], subject to the limitations contained in Subparagraph 4(c). In addition, Landlord’s monthly management fee shall be increased from one quarter of one percent (.25%), to two percent (2%) of Base Rent and Additional Charges, and Subparagraphs 4(c)(1)(C)(vi) and (ee) shall be revised accordingly.
Management of the Premises. 4.1 The Organisation agrees and undertakes with the Council that after completion of the Works, it shall for the remainder of the Agreement Period:-
4.1.1 Be responsible for the Premises and will resource, manage and routinely maintain it in a manner that ensures it remains attractive to organisations hiring the Premises.
4.1.2 Provide heat light water and such other amenities as required for the Premises and its intended use.
4.1.3 Will account to the appropriate undertaking in respect of the cost of gas fuel oil electricity water rates and taxes which may be attributable to such use of the Centre.
4.1.4 Will insure and keep insured the Premises against all usual commercial risks
4.1.5 Will use a written hire agreement in relation to all hires of the Premises, taking a deposit against damage to the Premises as appropriate.
Management of the Premises. The Operator will manage and operate the Premises in a proper, efficient and timely manner as would a prudent owner/Operator of similar property and will:
a. meet all statutory and corporate obligations applicable to the Operator in performing its obligations under this Agreement, including but not limited to, the requirements of the Personal Information Protection Act, Freedom of Information and Protection of Privacy Act, Workers Compensation Act, Tobacco Control Act, Human Rights Code, and associated regulations, and obligations under all contracts the Operator enters into in connection with the Premises and the requirements of any insurer of the Premises;
c. ensure that the Premises complies with all applicable statutory health and safety standards to ensure the health and safety of persons at or near the workplace;
d. abide by the terms and conditions of all Schedules hereto;
e. ensure that employees and contractors who carry out repairs and maintenance on behalf of the Operator do so in compliance with all WorkSafeBC and other statutory requirements, acquiring environmental or other building assessments by accessing known inventories or through hazmat surveys prior to renovation/repair work;
f. conduct risk assessments prior to commencing work and make reasonable best efforts to ensure that employees and/or contractors follow safe work procedures which control any hazards to the health and safety of persons at the Premises;
g. use its reasonable best efforts to maintain full occupancy of the Residential Units and select Occupants as set out in Schedule D;
h. implement the recapitalization/life cycle replacement of building systems, including equipment, structures, surfaces or fixtures installed in the Premises, that have reached or exceed their life expectancy, have failed, or have become a maintenance liability, and perform major repairs, major inspections and overhauls on a cycle of three years or greater, all in accordance with the Maintenance Plan and Operating Budget pre-approved by the City (see also Schedule B, Clause A.2 and Schedule B, Clauses B.13.h, B.15 and C.1);
i. manage the Premises and Premises systems and equipment in an efficient and effective manner to ensure that these elements meet or exceed their anticipated life expectancy;
j. perform inspections and servicing and implement a formal preventive maintenance program of systems and equipment in accordance with manufacturer recommendations and industry best practices;
k. repair Premi...
Management of the Premises. Without limiting the generality of any other provision of this Article Three, following an Event of Default and the taking of possession of the Trust Estate or any part thereof by Mortgagee and/or the appointment of a receiver of the Trust Estate or any part thereof, Mortgagee or any such receiver shall be authorized, in addition to the rights and powers of Mortgagee and such receiver set forth elsewhere in this Senior Guarantee Mortgage, to take any action permitted under Section 5.17 of the Senior Note Indenture. ARTICLE FOUR CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE
Section 4.1. Consolidation, Merger, Conveyance or Transfer only on Certain Terms. Mortgagor shall comply with all provisions applicable to Mortgagor in Article Eight of the Senior Note Indenture.
Management of the Premises. 15.1 The Tenant covenants with the Landlord:
(a) to use its reasonable endeavours to keep insofar as is reasonably practicable and commercially prudent all Flats Underlet (under Schedule 7) having regard to:
(i) market conditions;
(ii) the nature of the proposed Underlessee and its ability to pay;
(iii) the cost of taking action to enforce the terms of any Underlease;
(iv) any period during which refurbishment or redecoration works are required or other Works are being undertaken to the Premises); and
(v) any other relevant circumstances,
(b) to manage the Premises in a good and efficient manner, and in accordance with the principles of good estate management.
Management of the Premises. Except as otherwise provided in this section, the City will be solely responsible for maintaining the Premises, including managing the locker room and checking guests into and out of the Premises. The Contractor’s lifeguards will test the chlorine levels of the Premises’ pool upon opening and closing the pool each day, and at 12 pm on any day where the pool is open at such time. If any lifeguard determines, in his or her sole discretion, that the pool’s chlorine levels are at an unsafe level, such lifeguard shall immediately report the issue to the City by contacting one of the following: the Pool Operations Supervisor at ; the Recreational Programs Manager at ; or the Community Services Director at 802-373-0050.1 The lifeguard may close the pool until the issue has been resolved to his or her satisfaction. Additionally, the Contractor’s lifeguards may close and reopen the pool at any time due to weather conditions, in accordance with the inclement weather policy.
Management of the Premises. The Premises shall be managed by Tenant or its Affiliates pursuant to a separate management and leasing agreement to be entered into between Landlord and Tenant whereby Landlord will delegate the management and leasing duties to Tenant.
Management of the Premises. A. NCCU shall be responsible for all maintenance and security needs during the period of its exclusive use, that is, September 1 through May 31 each year. NCCU agrees that it will not lease, rent, or sublet the Premises to any party other than the City during the times of its exclusive use.
B. The Parties shall each confine their activities to their assigned Areas and Common Areas, during the times of NCCU’s exclusive use, except that the City may use the Premises during any specific period of time when NCCU has rented it to the City.
C. Should a party make approved use of another party’s assigned space, the party sponsoring the activity shall retain supervision and control of that activity for legal purposes. For example, if an athletic team makes use of the Common Areas, supervision and control of the activity remains with NCCU, even if employees or agents of the City assist in use of the City’s facility or equipment.
D. The permitted uses of the space in the Premises are as provided in this Agreement. Changes to these permitted uses must be approved by the Athletic Director and the City Manager.
E. Representatives of the City and NCCU agree to meet a minimum of three times per year to coordinate use and establish maintenance schedules for the Premises. The City and NCCU designees shall maintain on-going, open, reciprocal communication between one another while acting in good faith to build a positive reciprocal relationship.
