OPERATING STANDARD; DUTIES Sample Clauses

OPERATING STANDARD; DUTIES. Manager shall exercise its powers and perform its duties and obligations under this Agreement in a diligent manner, and shall exercise professional competence in managing the Property at the prevailing national standard of industry practice for properties of a similar type and quality as the Property. Manager represents and warrants that it, together with its Affiliates, has the skill and experience necessary to perform its obligations in accordance with the terms of this Agreement. Owner acknowledges that the prior management of the Property by Manager has met or exceeded the standard set forth above. Without limiting the generality of the foregoing, Manager shall perform the following duties, subject to the limitations imposed by the Annual Plan and all other provisions of this Agreement:
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OPERATING STANDARD; DUTIES. Manager shall exercise its powers and perform its duties and obligations under this Agreement in a diligent manner, and shall exercise professional competence in managing the Property at the prevailing national standard of industry practice for properties of a similar type and quality as the Property. Manager represents and warrants that it, together with its Affiliates, has the skill and experience necessary to perform its obligations in accordance with the terms of this Agreement. Owner acknowledges that the prior management of the Property by Manager has met or exceeded the standard set forth above. Without limiting the generality of the foregoing, Manager shall perform the following duties, subject to the limitations imposed by the Annual Plan and all other provisions of this Agreement: (1) The billing and collection of all amounts payable to Owner by Occupants under the Leases and other amounts included in Gross Income and the prompt deposit of all such amounts received by Manager in the Owner's Account; (2) To the extent funds have been made available by Owner through deposits into the Owner's Account, the payment of all Operating Expenses and capital expenses of the Property; (3) Subject to the Leasing Guidelines, the negotiation of Leases, the administration and enforcement by commercially reasonable methods of all Leases and all other service, maintenance and other agreements or contracts made by or on behalf of Owner for the Property, and the performance of the obligations specified in Article IV relating to the leasing of the Property; (4) The selection, engagement, employment, payment, supervision, direction and discharge of all Property employees reasonably necessary or appropriate for the proper, safe and economic operation and maintenance of the Property, in number and at wages in accordance with the Operating Budget, the carrying of Worker's Compensation Insurance (and, when required by law, compulsory Non-Occupational Disability Insurance) covering such employees, and the use of reasonable care in the selection, supervision and discharge of such employees. Manager shall use its diligent, good faith efforts to comply with all laws and regulations and collective bargaining agreements, if any, affecting such employment. All persons employed in connection with the operation and maintenance of the Property shall be employees of Manager or its Affiliates or employees of contractors providing contract services to the Property; 10 <PAGE> (5) The c...
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Related to OPERATING STANDARD; DUTIES

  • Executive Duties During and after Executive’s employment with the Company, Executive shall, without additional compensation: (i) promptly disclose to the Company any Employee Development, specifically identifying any inventions, improvements or other portions of the Employee Development that are potential patentable or susceptible to protection as a trade secret; (ii) execute and deliver any and all applications, assignments, documents, and other instruments that the Company shall deem necessary to protect the right, title and interest of the Company or its designee in or to any Employee Development; (iii) reasonably cooperate and assist in providing information for making and completing regulatory and other filings in connection with any Employee Development; (iv) reasonably cooperate and assist in providing information for or participating in any action, threatened action, or considered action relating to any Employee Development; and (v) take any and all other actions as the Company may otherwise require with respect to any Employee Development.

  • Accounting Provisions Unless otherwise expressly provided herein, all references in this Agreement to GAAP shall mean GAAP as in effect on the date of this Agreement as published by the Financial Accounting Standards Board. All accounting terms used in this Agreement and not defined expressly, completely or specifically herein shall have the respective meanings given to them, and shall be construed, in accordance with GAAP. All financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in accordance with GAAP applied in a manner consistent with that used to prepare the most recent audited consolidated financial statements of the Borrower and its Subsidiaries. All financial or accounting calculations or determinations required pursuant to this Agreement shall be made, and all references to the financial statements of the Borrower, Adjusted EBITDA, Senior Secured Debt, Total Debt, Interest Expense, Consolidated Total Assets and other such financial terms shall be deemed to refer to such items, unless otherwise expressly provided herein, on a consolidated basis for the Borrower and its Subsidiaries. Notwithstanding the foregoing, leases shall continue to be classified and accounted for on a basis consistent with that reflected in the financial statements of the Borrower for the fiscal year ended December 31, 2018 for all purposes, notwithstanding any change in GAAP relating thereto, including with respect to Accounting Standards Codification 842.

  • Accounting Services The Manager will provide all accounting services customarily required by investment companies, in accordance with the requirements of applicable laws, rules and regulations and with the policies and practices of each Series as communicated to the Manager from time to time, including, but not limited to, the following:

  • Servicing and Maintenance Standards The Servicer shall, on behalf of the Issuer:

  • Performance of Duties and Responsibilities Executive shall serve the Company faithfully and to the best of his ability and shall devote his full working time, attention and efforts to the business of the Company during his employment with the Company hereunder. While Executive is employed by the Company during the Term, Executive shall report to the Chairman, Chief Executive Officer or to such other person as designated by the Board of Directors of Texas Roadhouse, Inc. (the “Board”). Executive hereby represents and confirms that he is under no contractual or legal commitments that would prevent him from fulfilling his duties and responsibilities as set forth in this Agreement. During his employment with the Company, Executive shall not accept other employment or engage in other material business activity, except as approved in writing by the Board. Executive may participate in charitable activities and personal investment activities to a reasonable extent, and he may serve as a director of business organizations as approved by the Board, so long as such activities and directorships do not interfere with the performance of his duties and responsibilities hereunder.

  • Manager’s Standard of Care Manager shall perform its duties under this Agreement in a manner consistent with professional property management services. In no event shall the scope or quality of services provided by Manager for the Property hereunder be less than those generally performed by professional property managers of similar properties in the market area where the Property is located. Manager shall make available to Owner the full benefit of the judgment, experience, and advice of the members and employees of Manager’s organization with respect to the policies to be pursued by Owner in operating the Property, and will perform the services set forth herein and such other services as may be requested by Owner in managing, operating, maintaining and servicing the Property.

  • Duties and Services Executive agrees to serve in the position(s) referred to in Section 2.2 and to perform diligently the duties and services appertaining to such offices, as well as such additional duties and services appropriate to such offices which the parties mutually may agree upon from time to time. Executive’s employment shall also be subject to the policies maintained and established by the Company and the Parent that are of general applicability to the Company’s and the Parent’s employees, as such policies may be amended from time to time.

  • Modification of Services Credit Union reserves the right to modify the Service from time to time without making prior notice to Member, provided, however, that Credit Union will give you at least thirty (30) days notice prior to making any modifications to the Service that would materially alter their functionality.

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