MANAGER AND MANAGEMENT CHARGES Sample Clauses

MANAGER AND MANAGEMENT CHARGES. (a) Subject to the provisions of the Building Management Ordinance (Cap.344), the parties hereto have agreed with the DMC Manager for the DMC Manager to undertake the management, operation, servicing, maintenance, repair, renovation, improvement, replacement, security and insurance of the Lot and the Development and the Common Areas and Facilities therein (all or any of which activities are where not inapplicable herein included under the word “management”) from the date of this Deed for an initial term of two (2) years from the date of this Deed and such appointment shall continue until terminated as provided in this Clause 10. (b) The appointment of the Manager may be terminated as follows:- (i) the appointment is terminated by the Manager by giving not less than three (3) calendar months’ notice of termination in writing:- (1) by sending such notice to the Owners’ Committee; or (2) where there is no Owners’ Committee, by giving such a notice to each of the Owners and by displaying such a notice in a prominent place in the Development. (ii) The notice referred to in this Clause 10(b)(i)(2) may be given:- (1) by delivering it personally to the Owner; or (2) by sending it by post to the Owner at his last known address; or (3) by leaving it at the Owner’s Unit or depositing it in the letter box for that Unit; or (iii) prior to the formation of the Owners’ Corporation, by a resolution passed by a majority of the votes of the Owner voting either personally or by proxy and supported by the Owners of not less than fifty per cent (50%) of the Undivided Shares in aggregate (excluding those Undivided Shares allocated to the Common Areas and Facilities) at a general meeting convened for the purpose to remove the Manager without compensation and by the Owners’ Committee giving to the Manager not less than three (3) calendar months’ notice of termination in writing; or (iv) in the event that the Manager is wound up or has a receiving order made against it. (i) Subject to Clause 10(c)(viii), at a general meeting convened for the purpose, the Owners’ Corporation may, by a resolution passed by a majority of the votes of the Owners voting either personally or by proxy and supported by the Owners of not less than 50% of the Undivided Shares in aggregate (excluding those allocated to the Common Areas and Facilities), terminate by notice the DMC Manager’s appointment without compensation. (ii) A resolution under Clause 10(c)(i) shall have effect only if :- (A) the notice of...
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MANAGER AND MANAGEMENT CHARGES. (a) Subject to the provisions of the BMO and Sub-clause (c) of this Clause 10, the parties hereto have agreed with the Manager for the Manager to undertake the management and maintenance of the Lot and the Estate for an initial term of two (2) years from the date of appointment under this Deed and to be continued thereafter until the termination of the Manager’s appointment in the manner hereinafter provided Provided That nothing herein shall restrict or prohibit the termination of the appointment of the Manager during such initial term or at any time thereafter under the following circumstances :- (i) the appointment is terminated by the Manager by giving not less than three
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MANAGER AND MANAGEMENT CHARGES. The parties hereto have agreed with the Manager for the Manager to undertake the management, operation, servicing, cleansing, maintenance, repair, renovation, improvement, replacement, security and insurance of the Lot and the Development (all or any of which activities where not inapplicable herein shall be included under the word "management") from the date of this Deed for an initial term of two (2) years after the date of this Deed, and such appointment shall continue thereafter unless and until :-
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MANAGER AND MANAGEMENT CHARGES. The parties hereto have agreed with the Manager for the Manager to undertake the management, operation, servicing, maintenance, repair, renovation, improvement, replacement, security and insurance of the Lot and the Estate and the Common Areas and Facilities (all or any of which activities where not inapplicable herein is/are included under the word “management”) from the date of this Deed for an initial term of two (2) years and such appointment shall continue until terminated by the Manager giving to the Owners’ Committee (or where there is no Owners’ Committee to each of the Owners and by displaying the same in a prominent place in the Estate) not less than three (3) calendar months’ notice in writing to terminate the same in accordance with Clause 19 hereof or by the Owners’ Committee acting upon a resolution passed by the Owners at a meeting in accordance with Clause 61(i) hereof to terminate the Manager’s appointment without compensation at any time (whether during or after the initial term of 2 years) upon giving to the Manager not less than three (3) months’ notice in writing in the manner as hereinafter provided or until the occurrence of the event that the Manager is being wound up or has a receiving order made against it.
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MANAGER AND MANAGEMENT CHARGES. (a) Subject to the provisions of the BMO, the parties hereto have agreed with the Manager for the Manager to undertake the management and maintenance of the Lot and the Estate for an initial term of two (2) years from the date of this Deed and to be continued thereafter Provided That nothing herein shall restrict or prohibit the termination of the appointment of the Manager during such initial term or at any time thereafter under the following circumstances :- (i) resignation of the Manager in accordance with paragraph 6 of Schedule 7 to the BMO; or (ii) prior to the formation of the Owners' Corporation, upon the passing of a resolution by a majority of votes of Owners voting either personally or by proxy and supported by Owners of not less than 50% of the Undivided Shares in aggregate (excluding the Undivided Shares allocated to the Common Areas) at an Owners' meeting convened for the purpose to remove the Manager without compensation by the Owners' Committee giving to the Manager not less than three (3) calendar months' notice of termination in writing; or (iii) in the event that the Manager is wound up or has a receiving order made against it; or (iv) the termination of the Manager's appointment by the Owners' Corporation in accordance with paragraph 7 of Schedule 7 to the BMO. (b) If the Manager's appointment ends for any reason, the Manager shall comply with the obligations as set out in paragraph 8 of Schedule 7 to the BMO.
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MANAGER AND MANAGEMENT CHARGES. Subject to the provisions of the Building Management Ordinance (Cap.344), the parties hereto have agreed with the Manager for the Manager to undertake the management, operation, servicing, maintenance, repair, renovation, replacement, security and insurance of the Lot and the Estate and the Common Areas and Facilities therein (all or any of which activities where not inapplicable herein included under the word “management”) from the date of this Deed for an initial term of two (2) years and such appointment shall continue until terminated by the Manager giving to the Owners' Committee (or where there is no Owners’ Committee to each of the Owners and by displaying the same in a prominent place in the Estate) not less than three (3) calendar months' notice in writing to terminate the same in accordance with Clause 19 hereof or by the Owners' Committee without compensation acting upon a resolution passed by the Owners at a meeting in accordance with Clause 62(i) hereof giving to the Manager not less than three months' notice in writing in the manner as hereinafter provided or in the event that the Manager is being wound up or has a receiving order made against it.
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Related to MANAGER AND MANAGEMENT CHARGES

  • Property Management (a) Borrower shall (i) cause Manager to manage the Properties in accordance with the Management Agreement, (ii) diligently perform and observe all of the terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed and observed, (iii) promptly notify Lender of any default under the Management Agreement of which it is aware, (iv) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditures plan, report and estimate received by it under the Management Agreement, and (v) promptly enforce the performance and observance of all of the covenants required to be performed and observed by Manager under the Management Agreement in a commercially reasonable manner. If Borrower shall default in the performance or observance of any material term, covenant or condition of the Management Agreement on the part of Borrower to be performed or observed, then, without limiting Lender’s other rights or remedies under this Agreement or the other Loan Documents, and without waiving or releasing Borrower from any of its Obligations hereunder or under the Management Agreement, Lender shall have the right, but shall be under no obligation, to pay any sums and to perform any act as may be appropriate to cause all the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed or observed. In no event shall the fee payable to Manager for any Interest Period exceed the Management Fee Cap for such Interest Period and in no event shall Borrower pay or become obligated to pay to Manager, any transition or termination costs or expenses, termination fees, or their equivalent in connection with the Transfer of a Property or the termination of the Management Agreement. (b) If any one or more of the following events occurs: (i) the occurrence of an Event of Default, (ii) Manager shall be in material default under the Management Agreement beyond any applicable notice and cure period (including as a result of any gross negligence, fraud, willful misconduct or misappropriation of funds), or (iii) Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, then Lender shall have the right to require Borrower to replace the Manager and enter into a Replacement Management Agreement with (x) a Qualified Manager selected by Borrower that is not an Affiliate of Borrower or (y) another property manager chosen by Borrower and approved by Lender; provided, that such approval shall be conditioned upon Borrower delivering a Rating Agency Confirmation as to such property manager. If Borrower fails to select a new Qualified Manager or a replacement Manager that satisfies the conditions described in the foregoing clause (y) and enter into a Replacement Management Agreement with such Person within sixty (60) days of Lender’s demand to replace the Manager, then Lender may choose the replacement property manager provided that such replacement property manager is a Qualified Manager or satisfies the conditions set forth in the foregoing clause (y).

  • Workload Management 11.1 The parties to this Agreement acknowledge that employees and management have a responsibility to maintain a balanced workload and recognise the adverse affects that excessive workloads may have on employee/s and the quality of resident/client care. 11.2 To ensure that employee concerns involving excessive workloads are effectively dealt with by Management the following procedures should be applied: (a) Step 1: In the first instance, employee/s should discuss the issue with their immediate supervisor and, where appropriate, explore solutions. (b) Step 2: If a solution cannot be identified and implemented, the matter should be referred to an appropriate senior manager for further discussion. (c) Step 3: If a solution still cannot be identified and implemented, the matter should be referred to the Facility Manager for further discussion. (d) Step 4: The outcome of the discussions at each level and any proposed solutions should be recorded in writing and fed back to the effected employees. 11.3 Workload management must be an agenda item at staff meetings on at least a quarterly basis. Items in relation to workloads must be recorded in the minutes of the staff meeting, as well as actions to be taken to resolve the workloads issue/s. Resolution of workload issues should be based on the following criteria including but not limited to: (a) Clinical assessment of residents’ needs; (b) The demand of the environment such as facility layout; (c) Statutory obligation, (including, but not limited to, work health and safety legislation); (d) The requirements of nurse regulatory legislation; (e) Reasonable workloads (such as roster arrangements); (f) Accreditation standards; and (g) Budgetary considerations. 11.4 If the issue is still unresolved, the employee/s may advance the matter through Clause 9 Dispute Resolution Procedure. Arbitration of workload management issues may only occur by agreement of the employer and the employee representative, which may include the union/s.

  • Network Maintenance and Management 38.1 The Parties will work cooperatively to implement this Agreement. The Parties will exchange appropriate information (for example, maintenance contact numbers, network information, information required to comply with law enforcement and other security agencies of the government, escalation processes, etc.) to achieve this desired result. 38.2 Each Party will administer its network to ensure acceptable service levels to all users of its network services. Service levels are generally considered acceptable only when End Users are able to establish connections with little or no delay encountered in the network. Each Party will provide a twenty four (24)-hour contact number for Network Traffic Management issues to the other’s surveillance management center. 38.3 Each Party maintains the right to implement protective network traffic management controls, such as “cancel to”, “call gapping” or seven (7)-digit and ten (10)-digit code gaps, to selectively cancel the completion of traffic over its network, including traffic destined for the other Party’s network, when required to protect the public-switched network from congestion as a result of occurrences such as facility failures, switch congestion or failure or focused overload. Each Party shall immediately notify the other Party of any protective control action planned or executed. 38.4 Where the capability exists, originating or terminating traffic reroutes may be implemented by either Party to temporarily relieve network congestion due to facility failures or abnormal calling patterns. Reroutes shall not be used to circumvent normal trunk servicing. Expansive controls shall be used only when mutually agreed to by the Parties. 38.5 The Parties shall cooperate and share pre-planning information regarding cross-network call-ins expected to generate large or focused temporary increases in call volumes to prevent or mitigate the impact of these events on the public-switched network, including any disruption or loss of service to the other Party’s End Users. Facsimile (FAX) numbers must be exchanged by the Parties to facilitate event notifications for planned mass calling events. 38.6 Neither Party shall use any Interconnection Service provided under this Agreement or any other service related thereto or used in combination therewith in any manner that interferes with or impairs service over any facilities of AT&T-21STATE, its affiliated companies or other connecting telecommunications carriers, prevents any carrier from using its Telecommunications Service, impairs the quality or the privacy of Telecommunications Service to other carriers or to either Party’s End Users, causes hazards to either Party’s personnel or the public, damage to either Party’s or any connecting carrier’s facilities or equipment, including any malfunction of ordering or billing systems or equipment. Upon such occurrence either Party may discontinue or refuse service, but only for so long as the other Party is violating this provision. Upon any such violation, either Party shall provide the other Party notice of the violation at the earliest practicable time. 38.7 AT&T TENNESSEE hereby commits to provide Disaster Recovery to CLEC according to the plan below. 38.7.1 AT&T TENNESSEE Disaster Recovery Plan 38.7.2 In the unlikely event of a disaster occurring that affects AT&T TENNESSEE’s long-term ability to deliver traffic to a CLEC, general procedures have been developed by AT&T TENNESSEE to hasten the recovery process in accordance with the Telecommunications Service Priority (TSP) Program established by the FCC to identify and prioritize telecommunication services that support national security or emergency preparedness (NS/EP) missions. A description of the TSP Program as it may be amended from time to time is available on AT&T TENNESSEE’s Wholesale – Southeast Region Web site. Since each location is different and could be affected by an assortment of potential problems, a detailed recovery plan is impractical. However, in the process of reviewing recovery activities for specific locations, some basic procedures emerge that appear to be common in most cases. 38.7.3 These general procedures should apply to any disaster that affects the delivery of traffic for an extended time period. Each CLEC will be given the same consideration during an outage, and service will be restored as quickly as possible. AT&T TENNESSEE reserves the right to make changes to these procedures as improvements become available or as business conditions dictate. 38.7.4 This plan will cover the basic recovery procedures that would apply to every CLEC.

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