Manager's Duties. Manager shall oversee and review Subadviser's performance of its duties under this Agreement. Manager shall also retain direct portfolio management responsibility with respect to any assets of the Funds that are not allocated by it to the portfolio management of Subadviser as provided in Section 1(a) hereof or to any other subadviser. Manager will periodically provide to Subadviser a list of the affiliates of Manager or the Funds (other than affiliates of Subadviser) to which investment restrictions apply, and will specifically identify in writing (a) all publicly traded companies in which the Funds may not invest, together with ticker symbols for all such companies (Subadviser will assume that any company name not accompanied by a ticker symbol is not a publicly traded company), and (b) any affiliated brokers and any restrictions that apply to the use of those brokers by the Funds.
Manager's Duties. The Manager shall, under the direction of the Management Committee, perform the following duties:
(i) generally direct and coordinate the day-to-day business activities of the Company, subject to subsection 6.03(b) below;
(ii) administer, enforce and supervise the Project Agreements to ensure compliance therewith, and performance thereunder that conforms with the business plan of the LLC;
(iii) prepare the Budget, business plans, forecasts, and amendments/supplements thereto;
(iv) monitor and ensure compliance by the Company with laws, regulations, and directives of governmental agencies with jurisdiction over the Project and its operations, including without limitation the ISO, the Federal Energy Regulatory Commission and the Massachusetts Department of Telecommunications and Energy;
(v) represent the Company in public and community relations;
(vi) prepare and submit summary reports;
(vii) administer the services of outside professional consultants engaged by the Manager to perform his or her duties described herein; and
(viii) perform any other duties specifically delegated to the Manager by the Management Committee.
Manager's Duties. Manager shall oversee and review Subadviser's performance of its duties under this Agreement. Manager shall also retain direct portfolio management responsibility with respect to any assets of the Fund that are not allocated by it to the portfolio management of Subadviser as provided in paragraph 1(a) hereof or to any other subadviser, including all determinations regarding eligibility for the Fund in accordance with the Manager’s sustainability criteria. Manager will periodically provide to Subadviser a list of the affiliates of Manager or the Fund (other than affiliates of Subadviser) to which investment restrictions apply, and will specifically identify in writing (a) all publicly traded companies in which the Fund may invest, in accordance with the sustainability criteria of the Fund, and (b) any affiliated brokers and any restrictions that apply to the use of those brokers by the Fund.
Manager's Duties. Manager agrees that it shall use its best efforts to obtain from TRS any required consents and/or approvals, so that Sub-Manager shall not be hindered in its performance of its responsibilities hereunder. Additionally, Manager agrees that it will enforce its rights against TRS, as set forth in the Management Agreement, for any of TRS’s breaches thereunder, including, without limitation, TRS’s failure to reimburse Manager and Sub-Manager for expenses or adequately capitalizing the Hotel as required in the Management Agreement.
Manager's Duties. Throughout the Term of this Agreement, Manager shall use the Manager's commercially reasonable efforts and due diligence to manage and operate the Management Agreement Restaurants. Without limiting the generality of the foregoing, during the Term, Manager shall provide Company with the following specific services (hereinafter collectively referred to as the “Services”), at each of the Management Agreement Restaurants:
Manager's Duties. The Manager shall, under the direction of the Executive Committee, perform the following duties:
(i) generally direct and coordinate the day-to-day business activities of the Company, subject to subsection 6.03(b) below;
(ii) except as specifically delegated by the Company pursuant to the O&M Management Services Agreement and the Energy Management Agreement, administer, enforce and supervise the Project Agreements to ensure compliance therewith, and performance thereunder that conforms with the business plan of the Company (provided that any payment made under a Project Agreement to an Affiliate of the Member whose Affiliate is the employer of the Manager shall require the prior approval of the other Member);
(iii) prepare and submit for approval the Budget, business plans, forecasts, and amendments/supplements thereto;
(iv) monitor and ensure compliance by the Company with laws, regulations, permits and directives of governmental agencies with jurisdiction over the Project and its operations, including without limitation the ISO, the California Power Exchange, the Federal Energy Regulatory Commission and the California Public Utilities Commission;
(v) represent the Company in public and community relations;
(vi) prepare and submit summary reports;
(vii) administer the services of outside professional consultants engaged by the Manager to perform his or her duties described herein; and
(viii) perform any other duties specifically delegated to the Manager by the Executive Committee.
Manager's Duties. Manager shall secure tenants, shall supervise and control the operations of the Property, enter into rental agreements and to perform other such functions determined to be reasonable and necessary. Manager shall offer the Property for rent in a Rental Agreement with terms and conditions mutually agreed upon by Owner and Manager. Rates and occupancy may vary depending on season and other market conditions. Owner authorizes Manager to collect rents and give receipts; to terminate tenancies and to sign and serve in the name of the Owner such notices and actions as are appropriate, including eviction proceedings; Manager shall be responsible for booking, cleaning, obtaining applicable facilities passes and accounting of funds. Additional maintenance services and hiring and supervision of maintenance and repair contractors will be available for additional fees. The Manager agrees to secure the prior approval from the Owner for all single expenditures that exceed the sum of $300.00, except monthly charges, recurring charges or emergency repairs greater than $300.00 if in the opinion of the Manager such repairs or expenditures are necessary to protect the property from damage or to maintain services to the tenants as called for in their Rental Agreements or as required by law; Manager is responsible for advertising and promoting Property to prospective tenants, including photographing Property and maintaining websites. Manager will provide listings on VRBO, Air B & B and various other channels to secure tenants.
Manager's Duties. Subject to the limitations set forth in Section 5, during the Term, the Manager shall assume control and be responsible for the management of the Business. In furtherance of the foregoing, the Manager further agrees as follows:
a. Manager shall operate the Business in the ordinary course of business of the Seller generally consistent with past custom and practice ("Ordinary Course of Business") and shall apply its managerial expertise and decision-making skills in seeking to benefit the Business;
b. Manager shall keep full and correct books of account showing all receipts and expenditures received, incurred or made in connection with the operation of the Business;
c. Manager shall operate the Business in accordance with all applicable laws, ordinances, rules, regulations and directives of any governmental authority;
d. Manager shall indemnify and save Seller, harmless from any and all Adverse Consequences (but not for operational losses not otherwise attributable to Adverse Consequences resulting from the Manager's actions or omissions) incurred or suffered by the Seller resulting from or related to the operation and management of the Business during the Term, unless such loss or liability is the result of any action on the part of Seller, or its representatives, agents, officers, managers, members or employees.
e. Manager shall cause to be timely paid, from the cash flow of the Business, all obligations of the Business incurred during the period of its operation of the Business including, but not limited to, utilities, employee wages, taxes and other payables.
f. Manager shall cause to be paid any and all taxes due to any taxing authority arising out of the operation of the Business when due.
g. Manager shall cause to be paid any license renewal fees or similar charges that accrue during the Term.
h. Manager shall not, during the Term, encumber, sell, or convey any fixtures, furniture, inventory or equipment of the Seller, other than in the Ordinary Course of Business, nor pledge the credit of Seller in any way.
i. Manager shall use its best efforts to keep the Business and properties associated with the Business substantially intact including, but not limited to, the present operations, physical facilities, working conditions, and relationships with lessors, licensors, suppliers, customers, and employees.
Manager's Duties. Upon termination or expiration of this Agreement, Manager shall promptly deliver to Owner complete copies of all books and records maintained by Manager for the Property and all funds in possession of Manager belonging to Owner or received by Manager with regard to the Property. Any unpaid obligations incurred by Manager during the term of this Agreement and related to the operation of the Property shall become the obligation of and be payable by Owner.
Manager's Duties. MANAGER shall perform the duties set out in the Position Specification contained in Schedule B diligently and competently and in a professional manner to the best of MANAGER'S ability for the benefit of ELITE. The Chief Executive Officer or designated representative may from time to time at their sole discretion as they deem appropriate assign to MANAGER such other responsibilities and duties.
