Manager Representations. Manager hereby represents and warrants to Owner as follows: (a) Manager has all licenses, permits, authorizations and approvals necessary to allow it to enter into this Agreement and perform its duties hereunder; (b) Neither Manager nor, to the best of Manager's knowledge, after reasonable inquiry, any of its employees, has been convicted of robbery, extortion, embezzlement, fraud, grand larceny, burglary, arson, a felony drug offense, murder, rape, kidnapping, perjury, assault with intent to kill, a violation of the Employee Retirement Income Security Act of 1974 or any other felonies; and (c) Except as disclosed on EXHIBIT G, neither Manager nor any Affiliate of Manager is engaged in connection with or has an interest in, directly or indirectly, whether as an owner, ground lessee, ground lessor, manager, leasing agent, partner, shareholder, beneficiary, trustee, option holder, lender or otherwise, any property that is: (i) multi-family residential apartments; and (ii) located within a one-quarter (1/4) mile radius of the Property (a "COMPETING PROPERTY"). EXHIBIT G accurately sets forth the nature of the interest of Manager or any Affiliate of Manager in any Competing Property. Notwithstanding the foregoing, Manager shall provide Owner with a list, which list shall be updated by Manager from time to time in the event of any changes, of any property which Manager or any Affiliate of Manager is engaged in connection with or has an interest in, directly or indirectly, whether as an owner, ground lessee, ground lessor, manager, leasing agent, partner, shareholder, beneficiary, trustee, option holder, lender or otherwise, that is: (i) multi-family residential apartments; and (ii) located within a five mile radius of the Property ("MANAGER'S OTHER PROPERTIES"). Attached as EXHIBIT G-1 is a list of Manager's Other Properties as of the date hereof.
Appears in 3 contracts
Samples: Property Management Agreement (Boston Capital Real Estate Investment Trust Inc), Property Management Agreement (Boston Capital Real Estate Investment Trust Inc), Property Management Agreement (Boston Capital Real Estate Investment Trust Inc)
Manager Representations. Manager hereby represents and warrants to Owner as follows:
(a) Manager has all licenses, permits, authorizations and approvals necessary to allow it to enter into this Agreement and perform its duties hereunder;
(b) Neither Manager nor, to the best of Manager's ’s knowledge, after reasonable inquiry, any of its employees, has been convicted of robbery, extortion, embezzlement, fraud, grand larceny, burglary, arson, a felony drug offense, murder, rape, kidnapping, perjury, assault with intent to kill, a violation of the Employee Retirement Income Security Act of 1974 or any other felonies; and
(c) Except as disclosed on EXHIBIT Exhibit G, neither Manager nor any Affiliate of Manager is engaged in connection with or has an interest in, directly or indirectly, whether as an owner, ground lessee, ground lessor, manager, leasing agent, partner, shareholder, beneficiary, trustee, option holder, lender or otherwise, any property that is: (i) multi-family residential apartmentssimilar to the Property; and (ii) located within a one-quarter (1/4¼) mile radius of the Property (a "COMPETING PROPERTY"“Competing Property”). EXHIBIT Exhibit G accurately sets forth the nature of the interest of Manager or any Affiliate of Manager in any Competing Property. Notwithstanding the foregoing, Manager shall provide Owner with a list, which list shall be updated by Manager from time to time in the event of any changes, of any property which Manager or any Affiliate of Manager is engaged in connection with or has an interest in, directly or indirectly, whether as an owner, ground lessee, ground lessor, manager, leasing agent, partner, shareholder, beneficiary, trustee, option holder, lender or otherwise, that is: (i) multi-family residential apartmentssimilar to the Property; and (ii) located within a five mile radius of the Property ("MANAGER'S OTHER PROPERTIES"“Manager’s Other Properties”). Attached as EXHIBIT Exhibit G-1 is a list of Manager's ’s Other Properties as of the date hereof.
Appears in 3 contracts
Samples: Property Management Agreement (Boston Capital Real Estate Investment Trust Inc), Property Management Agreement (Boston Capital Real Estate Investment Trust Inc), Property Management Agreement (Boston Capital Real Estate Investment Trust Inc)