Common use of Manager and Other Personnel Clause in Contracts

Manager and Other Personnel. (a) Manager shall investigate, hire, train, instruct, pay, promote, discharge and supervise the work of the Project Employees. All matters pertaining to the employment, supervision, compensation, promotion and discharge of Manager's employees are the sole responsibility of Manager and Manager shall indemnify Owner with respect to such matters pursuant to Section 6.01. Notwithstanding the foregoing, (i) Manager shall have in its employ at all times a sufficient number of capable Project Employees to enable it, subject to the terms of this Agreement, to perform Manager's obligations under this Agreement, and (ii) Manager shall advise Owner and coordinate with any local property supervisor retained by Owner as to the on-site staffing requirements to enable Manager, subject to the terms of this Agreement, to perform Manager's obligations under this Agreement and to properly, adequately, safely and economically lease, manage, operate, repair and maintain the Project. Costs (including salaries and fringe benefits) associated with the Project Employees and any on-site employees of Owner shall be budgeted for, and paid from, the Operating Account, provided that such costs and expenses are consistent in all material respects with the Budget. (b) The Project Employees shall be employees of Manager. Owner shall, provided that such compensation is consistent, in all material respects, with the Budget, reimburse Manager each pay period for the total aggregate compensation, including salary and fringe benefits, payable with respect to the Project Employees, which amount may be paid by Manager from Gross Receipt's or the Working Capital Reserve. The term "fringe benefits" as used herein shall mean and include the employer's contribution of F.I.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Essex Property Trust Inc), Purchase and Sale Agreement (United Dominion Realty Trust Inc)

AutoNDA by SimpleDocs

Manager and Other Personnel. (a) Manager shall investigate, hire, train, instruct, pay, promote, discharge and supervise the work of the Project Employees. All matters pertaining to the employment, supervision, compensation, promotion and discharge of Manager's employees are the sole responsibility of Manager and Manager shall indemnify Owner with respect to such matters pursuant to Section 6.01. Notwithstanding the foregoing, (i) Manager shall have in its employ at all times a sufficient number of capable Project Employees to enable it, subject to the terms of this Agreement, to perform Manager's obligations under this Agreement, and (ii) Manager shall advise Owner and coordinate with any local property supervisor retained by Owner as to the on-site staffing requirements to enable Manager, subject to the terms of this Agreement, to perform Manager's obligations under this Agreement and to properly, adequately, safely and economically lease, manage, operate, repair and maintain the Project. Costs (including salaries and fringe benefits) associated with the Project Employees and any on-site employees of Owner shall be budgeted for, and paid from, the Operating Account, provided that such costs and expenses are consistent in all material respects with the Budget. (b) The Project Employees shall be employees of Manager and all compensation of the Project Employees shall be at Manager's expense. Since some of the Project Employees may need to reside at the Project and be available full time in order to perform properly the duties of their employment, Owner shall, provided acknowledges that such compensation is consistent, in Manager may provide discounted employee housing and use of all material respects, with the Budget, reimburse Manager each pay period for the total aggregate compensation, including salary and fringe benefits, payable with respect Project facilities to the Project Employees. All leases for discounted employee housing shall provide that such lease will terminate effective upon termination of this Agreement if this Agreement is terminated for any reason other than the sale of the Project in accordance with the Purchase Agreement. (c) Manager shall timely and reasonably provide the local property supervising agent, which amount may be paid as designated by Manager Owner from Gross Receipttime to time, with reasonable access to the Project and the Project's or the Working Capital Reserve. The term "fringe benefits" as used herein shall mean books and include the employer's contribution of F.I.records and, a regular basis, coordinate duties and communicate with such local property supervisor retained by Owner.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Essex Property Trust Inc), Purchase and Sale Agreement (United Dominion Realty Trust Inc)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!