Managers Responsibilities. From the date of this Management Agreement to the Commencement Date, Manager shall be available to consult with Owner in designing, acquiring, constructing and equipping all assets to be used by Owner in the operation of the Casino Facility. Manager shall, at Owner's expense and with Owner's approval, also be responsible for the development and implementation of all pre-opening activities.
Managers Responsibilities. Manager agrees to:
(a) If requested by Owner in writing and at Owner’s sole cost and expense, Manager shall obtain and maintain insurance with respect to the Project.
(b) Notify Owner within three (3) business days after Manager receives notice of any loss, damage or injury at or arising from the Project..
(c) Take no action (such as admission of liability) which knowingly bars Owner from obtaining any protection afforded by any policy Owner may hold or which prejudices Owner in its defense to a claim based on such loss, damage, or injury.
(d) Cooperate with Owner in disposition of claims, including furnishing all available information to Owner’s insurer or representative.
Managers Responsibilities. As Xxxxxx Bank’s agent and representative. Manager will develop, promote, market and sell, and operate Approved Programs on Xxxxxx Bank’s behalf in accordance with this Amended Program Manager Agreement and the Program Documents, In addition, Manager further agrees to do the following:
Managers Responsibilities. The Manager shall have the following duties and responsibilities together with any other duties and responsibilities shown on Schedule A:
A. To use reasonable efforts to lease available space in the property to residents. Manager may place newspaper advertising, post rental signs, prepare circulars and engage in other forms of promotion & advertising at Owner’s expense. Owner shall refer all inquiries for leases or renewals to Manager and all negotiations shall be conducted by Manager.
B. To collect all rentals, security deposits and other income from the property.
C. To refund resident’s security deposits as required by law and if legally required, pay interest on security deposits. To the extent permitted by law, Manager shall first apply the security deposit towards any rent, unpaid balances & damage Owner has suffered by reason of the actions of residents or resident’s guests. The application of security deposit toward damages shall be itemized and such itemization shall be delivered to resident in accordance with law. Manager, on Owner’s behalf, shall comply with all legal requirements concerning payment and withholding of security deposits.
D. On a monthly basis, provide financial statements to the Owner’s representative as shown on Schedule A. Direct billing for accounting services will be billed above and beyond to owner.
E. To pay on behalf of Owner the services and other items shown on Schedule A and deduct the amount thereof from proceeds payable to Owner. If disbursements made by Manager are in excess of receipts, Owner agrees to pay such excess promptly. Manager shall not be obligated to advance their own funds on behalf of Owner.
F. Owner authorizes Manager to institute legal action either in the name of Owner or in the name of the Manager and at Owner’s expense to enforce the collection of rent or other income for the property and to evict residents for nonpayment of rent or material violation of the lease. In connection therewith, Manager may engage an attorney at Owner’s expense.
G. Owner to procure appropriate insurance coverage and provide evidence of such coverage to Manager along with this Agreement. If not provided by Owner, Manager may procure at owner’s expense.
H. To employ and discharge and to compensate, at Owner’s expense, all employees necessary for the maintenance and operation of the property and to withhold from and remit to the proper governmental authority all legally required withholdings and to pay the Employer’s share o...
Managers Responsibilities. Xxxxxxx X. Xxxxxxx shall fulfill all aspects of this Agreement, any exception thereto being by mutual written consent of the Superintendent or her designee and the Manager. Failure to fulfill the obligations agreed to in this Agreement will be viewed as a violation of the Administrators' Code of Ethics and will be good cause for discharge as noted in Paragraph 4 above.
Managers Responsibilities. During the Term, the Manager shall provide the following Services on behalf of each Holding Company, each in accordance with the Prudent Operator Standard:
(a) Supervise and monitor the Service Providers with respect to their performance of services for each Holding Company and (i) where necessary or desirable at such Holding Company’s sole expense, taking of such actions as are necessary to enforce each Service Provider’s, compliance with its obligations to such Holding Company, and (ii) where necessary or desirable, at such Holding Company’s sole expense, hiring, firing and/or replacing any Service Provider;
(b) (i) Collect on behalf of each Holding Company, or cause to be so collected, all payments due to such Holding Company, (ii) prepare and promptly pay, or cause to be paid, on behalf of each Holding Company, any amounts required to be paid by such Holding Company, including all expenses incurred by such Holding Company or that are due and payable under contracts to which such Holding Company is a party (iii) promptly (but in no event later than the date such payment is due and payable, unless there is a dispute as to payment) remit, or direct to be remitted, from funds of each Holding Company amounts in payment of the expenses of such Holding Company as contemplated by its respective Approved Budgets (including authorized variances thereto), or that are required by law, and (iv) maintain reserves for each Holding Company from time to time as directed by, and upon terms established by, each Holding Company pursuant to its respective LLC Agreement; provided that nothing herein shall imply any duty of the Manager under any circumstances to expend its own funds in payment of the expenses of any Holding Company; provided further that nothing herein shall imply any guarantee by the Manager with respect to the collection of amounts due to any Holding Company or the return on such investments;
Managers Responsibilities. Except to the extent Owner is reimbursed under any insurance policy covering such risks (or would have been reimbursed by an insurance policy except for the fact that Owner elects to self-insure against such risks), Manager shall be liable to Owner for, and shall indemnify and hold harmless Owner from, any and all claims, demands, causes of action, debts, liabilities, judgments, damages and expense, including, without limitation, costs and reasonable attorneys' fees in connection with the enforcement of this indemnity (collectively, the "Claims"), which may be incurred by or made against Owner arising out of (a) the gross negligence, willful misconduct, fraud, breach of trust, illegal acts or intentional misrepresentation of Manager or its employees, or (b) a material breach by Manager or its employees of an express and clear provision of this Agreement; provided however, Manager and its employees shall not be liable for, and shall not be required to indemnify Owner from, any Claims caused by the acts or omissions by Manager or its employees and reasonably believed in good faith by the party so acting to be within the scope of the authority granted Manager or any other party under this Agreement or under any contract or agreement authorized hereby.
Managers Responsibilities. Each Manager, with respect to the Transmission Assets for which it is responsible, shall:
(a) exercise final operational responsibility and control for the Transmission Asset, except as otherwise provided in this Agreement;
(b) in the conduct of all O&M Activities for which it is responsible, considering the remaining Service Life and, in the case of the Maritime Link, the Required Condition:
(i) apply methods and practices customarily applied in other similar circumstances;
(ii) exercise that degree of care, skill and diligence reasonably and ordinarily exercised by experienced utility operators engaged in similar activities under similar circumstances and conditions;
(iii) comply with all regulatory requirements of the Applicable Regulator; and
(iv) comply with Good Utility Practice;
(c) ensure that all O&M Activities are performed pursuant to the applicable Annual Maintenance Plan Approved by the JOC, with only those variations as are necessary and appropriate for the operation and maintenance of the Transmission Asset in accordance with Good Utility Practice;
(d) provide adequate, qualified, competent and suitably experienced executive, professional, managerial, supervisory, technical and administrative personnel to perform its obligations, including professional engineers and procurement, project management and operating and maintenance personnel;
(e) obtain and maintain in good standing all required Regulatory Approvals;
(f) comply with all Applicable Law (including System Operator rules to the extent applicable), reliability standards as required by the applicable Authorized Authority in the Manager’s jurisdiction, and relevant Regulatory Approvals; and
(g) in the case of Emera with respect to the Maritime Link, maintain all Facility Real Property Interests in full force and effect, including enforcing Emera’s rights under the Facility Real Property Interests against third parties, and in the case of Nalcor, maintain and enforce its similar interests relating to the NL Transmission Assets.
Managers Responsibilities. The Manager agrees to perform the following duties and responsibilities with regards to the Property:
Managers Responsibilities. The Manager vows to perform the following duties:
2.1. Rent, lease and operate the property.
2.2. Promote the Property in order for it to be rented, engage and filter through potential tenants, coordinate rental agreements with suitable tenants.
2.3. Collect the applicable rent from the tenants, in due time. The Manager, however, is not liable for any of the potential tenants’ rent, in an event in which the tenants do not pay the rent for whatever reason. The Manager agrees to try their best in order to collect the said rent, but may not be held liable.
2.4. Provide a monthly accounting of monies received and paid expenses, as well as any other applicable incomes, monies or sums owed to the Owner.
2.5. The repair and maintain the Property when needed.
2.6. To inform the Owner of any improvements and/or repairs that exceed the estimated value or exact amount of and obtain consent from the Owner prior to paying such fees. The Owner also agrees to maintain receipts, invoices and any other applicable documents related to the expenditure.
2.7. In an event in which the collection and/or legal proceedings become mandatory for the Property, the Manager agrees to handle all the proceedings related to this matter. The Owner accepts to reimburse the Manager for all the costs incurred as part of the legal/collection proceedings
