Common use of Negotiation and Vendor/Contractor Clause in Contracts

Negotiation and Vendor/Contractor. Manager is authorized to retain the services of companies, independent contractors, and Manager’s own maintenance employees and to order service contracts required for the operation and maintenance of the Property. Owner shall be responsible for the payment of the services rendered. Manager maintains business relationships with vendors and /or contractors who may be regularly retained by Manager for maintenance and other services. Sometimes these services are contracted for and paid in bulk or on a time – spent basis, where Manager is charged for the work performed on several Properties, rather than on a per – Property basis. Due to the ongoing nature of these relationships and the volume or bulk nature in which these services are contracted, Manager may receive such services at a price that is discounted from the same vendor or contractor’s established rates or a comparable market rate for such services. Therefore, if Manager negotiates, hires, and manages such a vendor or contractor to perform work on the Property, Manager shall charge the published or market rates for such service, even in circumstances in which the fee ultimately paid by Manager (on a per service, per unit basis) are more or less than the market rate. Any difference between the market rate being charged to Owner and the rate paid by Manager (which may be more or less than such market rate) shall be paid by or retained by Manager. This shall serve as Manager’s disclosure that it may receive compensation from vendors contracted by Manager, and Manager shall retain any discounts or compensation received. Normal Property management does not include services for Property sales, refinancing, preparing Property for sale or refinancing, modernization, fire, or major damage restoration, rehabilitation, obtaining income tax, accounting, or legal advice, representation before public agencies, advising on proposed new construction, debt collection, counseling, attending Owners Association meetings, or insurance claims.

Appears in 8 contracts

Samples: Property Management Agreement, Property Management Agreement, Property Management Agreement

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Negotiation and Vendor/Contractor. Manager is authorized to retain the services of companies, independent contractors, and Manager’s own maintenance employees and to order service contracts required for the operation and maintenance of the Property. Owner shall be responsible for the payment of the services rendered. Manager maintains business relationships with vendors and /or contractors who may be regularly retained by Manager for maintenance and other services. Sometimes these services are contracted for and paid in bulk or on a time – spent basis, where Manager is charged for the work performed on several Properties, rather than on a per – Property basis. Due to the ongoing nature of these 2 | P a g e relationships and the volume or bulk nature in which these services are contracted, Manager may receive such services at a price that is discounted from the same vendor or contractor’s established rates or a comparable market rate for such services. Therefore, if Manager negotiates, hires, and manages such a vendor or contractor to perform work on the Property, Manager shall charge the published or market rates for such service, even in circumstances in which the fee ultimately paid by Manager (on a per service, per unit basis) are more or less than the market rate. Any difference between the market rate being charged to Owner and the rate paid by Manager (which may be more or less than such market rate) shall be paid by or retained by Manager. This shall serve as Manager’s disclosure that it may receive compensation from vendors contracted by Manager, and Manager shall retain any discounts or compensation received. Normal Property The management does services provided by Manager hereunder do not include services for related to Property sales, refinancing, preparing Property for sale or refinancing, modernization, fire, or major damage restoration, rehabilitation, obtaining income tax, accounting, or legal advice, representation before public agencies, advising on proposed new construction, debt collection, counseling, attending Owners Association meetings, or insurance claimsclaims (“Supplemental Services”). At Owner’s request, Manager shall perform such supplemental services, subject to Manager’s availability, at Owner’s cost and expense. Manager shall be entitled to an additional administrative fee of $100/hour for any Supplemental Service provided by Manager under this Agreement.

Appears in 2 contracts

Samples: Property Management Agreement, Property Management Agreement

Negotiation and Vendor/Contractor. Manager is authorized to retain the services of companies, independent contractors, and Manager’s own maintenance employees and to order service contracts required for the operation and maintenance of the Property. Owner shall be responsible for the payment of the services rendered. Manager maintains business relationships with vendors and /or contractors who may be regularly retained by Manager for maintenance and other services. Sometimes these services are contracted for and paid in bulk or on a time – spent basis, where Manager is charged for the work performed on several Properties, rather than on a per – Property basis. Due to the ongoing nature of these relationships and the volume or bulk nature in which these services are contracted, Manager may receive such services at a price that is discounted from the same vendor or contractor’s established rates or a comparable market rate for such services. Therefore, if Manager negotiates, hires, and manages such a vendor or contractor to perform work on the Property, Manager shall charge the published or market rates for such service, even in circumstances in which the fee ultimately paid by Manager (on a per service, per unit basis) are more or less than the market rate. Any difference between the market rate being charged to Owner and the rate paid by Manager (which may be more or less than such market rate) shall be paid by or retained by Manager. This shall serve as Manager’s disclosure that it may receive compensation from vendors contracted by Manager, and Manager shall retain any discounts or compensation received. SAMPLE Normal Property management does not include services for Property sales, refinancing, preparing Property for sale or refinancing, modernization, fire, or major damage restoration, rehabilitation, obtaining income tax, accounting, or legal advice, representation before public agencies, advising on proposed new construction, debt collection, counseling, attending Owners Association meetings, or insurance claims.

Appears in 2 contracts

Samples: Property Management Agreement, Property Management Agreement

Negotiation and Vendor/Contractor. Manager is authorized to retain the services of companies, independent Independent contractors, and Manager’s 's own maintenance employees and to order service contracts required for the operation and maintenance of the PropertyProperty . Owner shall be responsible for the payment of the services rendered. Manager maintains business relationships with vendors and /or contractors who may be regularly retained by Manager for maintenance and other services. Sometimes these services are contracted for and paid in bulk or on a time - spent basis, where Manager is charged for the work performed on several Properties, rather than on a per – per- Property basis. Due to the ongoing nature of these relationships and the volume or bulk nature in which these services are contracted, Manager may receive such services at a price that is discounted from the same vendor or contractor’s 's established rates or a comparable market rate for such services. Therefore, if Manager negotiates, hires, and manages such a vendor or contractor to perform work on the Property, Manager shall charge the published or market rates for such service, even in circumstances in which the fee ultimately paid by Manager (on a per service, per unit basis) are more or less than the market rate. Any difference between the market rate being charged to Owner and the rate paid by Manager (which may be more or less than such market rate) shall be paid by or retained by Manager. This shall serve as Manager’s 's disclosure that it may receive compensation from vendors contracted by Manager, and Manager shall retain any discounts or compensation received. Normal Property management does not include services for Property sales, refinancing, preparing Property for sale or refinancing, modernization, fire, or major damage restoration, rehabilitation, obtaining income tax, accounting, or legal advice, representation before public agencies, advising on proposed new construction, debt collection, counseling, attending Owners Association meetings, or insurance claims.

Appears in 1 contract

Samples: Property Management Agreement

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Negotiation and Vendor/Contractor. Manager is authorized to retain the services of companies, independent contractors, and Manager’s own maintenance employees and to order service contracts required for the operation and maintenance of the Property. Owner shall be responsible for the payment of the services rendered. Manager maintains business relationships with vendors and /or contractors who may be regularly retained by Manager for maintenance and other services. Sometimes these services are contracted for and paid in bulk or on a time – spent basis, where Manager is charged for the work performed on several Properties, rather than on a per – Property basis. Due to the ongoing nature of these relationships and the volume or bulk nature in which these services are contracted, Manager may receive such services at a price that is discounted from the same vendor or contractor’s established rates or a comparable market rate for such services. Therefore, if Manager negotiates, hires, and manages such a vendor or contractor to perform work on the Property, Manager shall charge the published or market rates for such service, even in circumstances in which the fee ultimately paid by Manager (on a per service, per unit basis) are more or less than the market rate. Any difference between the market rate being charged to Owner and the rate paid by Manager (which may be more or less than such market rate) shall be paid by or retained by Manager. This shall serve as Manager’s disclosure that it may receive compensation from vendors contracted by Manager, and Manager shall retain any discounts or compensation received. Normal Property The management does services provided by Manager hereunder do not include services for related to Property sales, refinancing, preparing Property for sale or refinancing, modernization, fire, or major damage restoration, rehabilitation, obtaining income tax, accounting, or legal advice, representation before public agencies, advising on proposed new construction, debt collection, counseling, attending Owners Association meetings, or insurance claimsclaims (“Supplemental Services”). At Owner’s request, Manager shall perform such supplemental services, subject to Manager’s availability, at Owner’s cost and expense. Manager shall be entitled to an additional administrative fee of $100/hour for any Supplemental Service provided by Manager under this Agreement.

Appears in 1 contract

Samples: Property Management Agreement

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