Common use of Operational Authority Clause in Contracts

Operational Authority. Subject in all events to the terms of the approved budgets, and subject to the provisions of the Operating Agreements requiring the joint consent of the members of Owner and Owner Parent, as applicable, Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager for Owner, or in the name of Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to hire, supervise, discharge, and pay all labor required for the operation and maintenance of the Property including but not limited to on-site personnel, managers, assistant managers, leasing consultants, engineers, janitors, maintenance supervisors and other employees required for the operation and maintenance of the Property, including personnel spending a portion of their working hours (to be charged on a pro rata basis) at the Property. All expenses of such employment shall be deemed operational expenses of the Property. (b) to make or cause to be made all ordinary repairs and replacements necessary to preserve each Property in its present condition and for the operating efficiency thereof and all alterations required to comply with lease requirements, and to decorate the Property; (c) to negotiate and enter into, as Manager of the Property, (i) contracts for all items on budgets that have been approved by Owner, (ii) any emergency services or repairs for items not exceeding $10,000, (iii) appropriate service agreements and labor agreements for normal operation of the Property, which have terms not to exceed three years, and (iv) agreements for all budgeted maintenance, minor alterations, and utility services, including, but not limited to, electricity, gas, fuel, water, telephone, window washing, scavenger service, landscaping, snow removal, pest exterminating, decorating and legal services in connection with the Leases and service agreements relating to the Property, and other services or such of them as Manager may consider appropriate; and (d) to purchase supplies and pay all bills. Manager shall use its best efforts to obtain the foregoing services and utilities for the Property under terms that are as cost-effective and otherwise favorable to Manager as possible for the quality of services and utilities required. Owner hereby appoints Manager as Owner’s authorized Manager for the purpose of executing, as Manager for said Owner, all such contracts. In addition, Owner agrees to specifically assume in writing all obligations under all such contracts so entered into by Manager, on behalf of Owner of the Property, upon the termination of this Management Agreement, and Owner shall indemnify, protect, save, defend and hold Manager and the other Indemnified Parties harmless from and against any and all Losses resulting from, arising out of or in any way related to such contracts and that relate to or concern matters occurring after termination of this Management Agreement, but excluding matters arising out of Manager’s willful misconduct, gross negligence and/or unlawful acts. Manager shall secure the written approval of appropriate contracts by Owner for any non-budgeted and non-emergency/contingency capital items, alterations or other expenditures in excess of $10,000 for any one item, securing for each item at least three written bids, if practicable, or providing evidence satisfactory to Owner, including such reasonable actions taken by the Manager, that the contract amount is lower than industry standard pricing, from responsible contractors. Manager shall have the right from time to time during the term hereof, to contract with and make purchases from Affiliates of Manager, provided that contract rates and prices are competitive with other available sources. Manager may, at any time and from time to time, request and receive prior written authorization from Owner for any one or more purchases or other expenditures, notwithstanding that Manager may otherwise be authorized hereunder to make such purchases or expenditures.

Operational Authority. Subject in all events to the terms of the approved budgets, and subject to the provisions of the Operating Agreements requiring the joint consent of the members of Owner and Owner Parent, as applicable, Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager manager for Owner, or in the name of Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such these matters): (a) to hire, supervise, discharge, and pay all labor required for the operation and maintenance of the each Property including but not limited to on-site personnel, managers, assistant managers, leasing consultants, engineers, janitors, maintenance supervisors and other employees required for the operation and maintenance of the each Property, including personnel spending a portion of their working hours (to be charged on a pro rata basis) at the each Property. All expenses of such this employment shall be deemed operational expenses of the PropertyProperty (notwithstanding any possible implication to the contrary in Section 2.4(e)).; (b) to make or cause to be made all ordinary repairs and replacements necessary to preserve each Property in its present condition and for the operating efficiency thereof and all alterations required to comply with lease requirements, and to decorate the each Property; (c) to negotiate and enter into, as Manager of the each Property, (i) contracts for all items on budgets that have been approved by Owner, (ii) any emergency services or repairs for items not exceeding $10,0005,000, (iii) any emergency services, appropriate service agreements and labor agreements for normal operation of the Propertyeach Property with duly qualified and licensed Persons, which have terms not to exceed three years, and (iv) agreements for all budgeted maintenance, minor alterations, and utility services, including, but not limited to, electricity, gas, fuel, water, telephone, window washing, scavenger service, landscaping, snow removal, pest exterminating, decorating and legal services in connection with the Leases and service agreements relating to the each Property, and other services or such any of them as Manager may consider appropriate; and (d) to purchase supplies and pay all bills. Manager shall use its commercially reasonable best efforts to obtain the foregoing services and utilities for the each Property under terms that are as cost-effective and otherwise favorable to Manager as possible for the quality of services and utilities required. Owner hereby appoints Manager as Owner’s authorized Manager for the purpose of executing, as Manager manager for said Owner, all such contractscontracts for the foregoing services and utilities. In addition, Owner agrees to specifically assume in writing all obligations under all such these contracts so entered into by Manager, on behalf of Owner of the Property, upon the termination of this Management Agreement, and Owner shall indemnify, protect, save, defend and hold harmless Manager and the other Indemnified Parties harmless from and against any and all Losses resulting from, arising out of or in any way related to such these contracts and that relate to or concern matters occurring after termination of this Management Agreement, but excluding matters arising out of Manager’s willful misconduct, gross negligence and/or or unlawful acts. Manager shall secure the written approval of, and execution of appropriate contracts by by, Owner for any non-budgeted and non-emergency/contingency capital items, alterations or other expenditures in excess of $10,000 5,000 for any one item, securing for each item at least three written bids, if practicable, or providing evidence satisfactory to Owner, including such reasonable actions taken by the Manager, Owner that the contract amount is lower than industry standard pricing, from responsible contractors. Manager shall have the right from time to time during the term hereof, to contract with and make purchases from duly qualified and licensed Affiliates of Manager, provided that contract rates and prices are competitive with other available sources. Manager may, may at any time and from time to time, time request and receive the prior written authorization from of Owner for of the specific Property of any one or more purchases or other expenditures, notwithstanding that Manager may otherwise be authorized hereunder to make such these purchases or expenditures.

Operational Authority. Subject in all events to the terms of the approved budgets, and subject to the provisions of the Operating Agreements requiring the joint consent of the members of Owner and Owner Parent, as applicable, Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager manager for Owner, or in the name of Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such these matters): (a) to hire, supervise, discharge, and pay all labor required for the operation and maintenance of the each Property including but not limited to on-site personnel, managers, assistant managers, leasing consultants, engineers, janitors, maintenance supervisors and other employees required for the operation and maintenance of the each Property, including personnel spending a portion of their working hours (to be charged on a pro rata basis) at the each Property. All expenses of such this employment shall be deemed operational expenses of the Property.Property (notwithstanding any possible implication to the contrary in Section 2.4(e)); (b) to make or cause to be made all ordinary repairs and replacements necessary to preserve each Property in its present condition and for the operating efficiency thereof and all alterations required to comply with lease requirements, and to decorate the each Property; (c) to negotiate and enter into, as Manager of the each Property, (i) contracts for all items on budgets that have been approved by Owner, (ii) any emergency services or repairs for items not exceeding $10,0005,000, (iii) any emergency services, appropriate service agreements and labor agreements for normal operation of the Propertyeach Property with duly qualified and licensed Persons, which have terms not to exceed three years, and (iv) agreements for all budgeted maintenance, minor alterations, and utility services, including, but not limited to, electricity, gas, fuel, water, telephone, window washing, scavenger service, landscaping, snow removal, pest exterminating, decorating and legal services in connection with the Leases and service agreements relating to the each Property, and other services or such any of them as Manager may consider appropriate; and (d) to purchase supplies and pay all bills. Manager shall use its best efforts to obtain the foregoing services and utilities for the each Property under terms that are as cost-effective and otherwise favorable to Manager as possible for the quality of services and utilities required. Owner hereby appoints Manager as Owner’s authorized Manager for the purpose of executing, as Manager manager for said Owner, all such contractscontracts for the foregoing services and utilities. In addition, Owner agrees to specifically assume in writing all obligations under all such these contracts so entered into by Manager, on behalf of Owner of the Property, upon the termination of this Management Agreement, and Owner shall indemnify, protect, save, defend and hold Manager and the other Indemnified Parties harmless from and against any and all Losses resulting from, arising out of or in any way related to such these contracts and that relate to or concern matters occurring after termination of this Management Agreement, but excluding matters arising out of Manager’s willful misconduct, gross negligence and/or or unlawful acts. Manager shall secure the written approval of, and execution of appropriate contracts by by, Owner for any non-budgeted and non-emergency/contingency capital items, alterations or other expenditures in excess of $10,000 5,000 for any one item, securing for each item at least three written bids, if practicable, or providing evidence satisfactory to Owner, including such reasonable actions taken by the Manager, Owner that the contract amount is lower than industry standard pricing, from responsible contractors. Manager shall have the right from time to time during the term hereof, to contract with and make purchases from duly qualified and licensed Affiliates of Manager, provided that contract rates and prices are competitive with other available sources. Manager may, may at any time and from time to time, time request and receive the prior written authorization from of Owner for of the specific Property of any one or more purchases or other expenditures, notwithstanding that Manager may otherwise be authorized hereunder to make such these purchases or expenditures.

Operational Authority. Subject in all events to the terms of the approved budgets, and subject to the provisions of the Operating Agreements requiring the joint consent of the members of Owner and Owner Parent, as applicable, Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as Manager manager for Owner, or in the name of Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with such matters): (a) to hire, supervise, discharge, and pay all labor required for the operation and maintenance of the each Property including but not limited to on-site personnel, managers, assistant managers, leasing consultants, engineers, janitors, maintenance supervisors and other employees required for the operation and maintenance of the each Property, including personnel spending a portion of their working hours (to be charged on a pro rata basis) at the each Property. All expenses of such employment shall be deemed operational expenses of the PropertyProperty (notwithstanding any possible implication to the contrary in Section 2.4(e)). (b) to make or cause to be made all ordinary repairs and replacements necessary to preserve each Property in its present condition and for the operating efficiency thereof and all alterations required to comply with lease requirements, and to decorate the each Property; (c) to negotiate and enter into, as Manager of the each Property, (i) contracts for all items on budgets that have been approved by Owner, (ii) any emergency services or repairs for items not exceeding $10,0005,000, (iii) any emergency services, appropriate service agreements and labor agreements for normal operation of the Propertyeach Property with duly qualified and licensed Persons, which have terms not to exceed three years, and (iv) agreements for all budgeted maintenance, minor alterations, and utility services, including, but not limited to, electricity, gas, fuel, water, telephone, window washing, scavenger service, landscaping, snow removal, pest exterminating, decorating and legal services in connection with the Leases and service agreements relating to the each Property, and other services or such of them as Manager may consider appropriate; and (d) to purchase supplies and pay all bills. Manager shall use its best efforts to obtain the foregoing services and utilities for the each Property under terms that are as cost-effective and otherwise favorable to Manager as possible for the quality of services and utilities required. Owner hereby appoints Manager as Owner’s authorized Manager for the purpose of executing, as Manager manager for said Owner, all such contracts. In addition, Owner agrees to specifically assume in writing all obligations under all such contracts so entered into by Manager, on behalf of Owner of the Property, upon the termination of this Management Agreement, and Owner shall indemnify, protect, save, defend and hold harmless Manager and the other Manager Indemnified Parties harmless from and against any and all Losses resulting from, arising out of or in any way related to such contracts and that relate to or concern matters occurring after termination of this Management Agreement, but excluding matters arising out of Manager’s willful misconduct, gross negligence and/or unlawful acts. Manager shall secure the written approval of, and execution of appropriate contracts by by, Owner for any non-budgeted and non-emergency/contingency capital items, alterations or other expenditures in excess of $10,000 5,000 for any one item, securing for each item at least three written bids, if practicable, or providing evidence satisfactory to Owner, including such reasonable actions taken by the Manager, Owner that the contract amount is lower than industry standard pricing, from responsible contractors. Manager shall have the right from time to time during the term hereof, to contract with and make purchases from duly qualified and licensed Affiliates of Manager, provided that contract rates and prices are competitive with other available sources. Manager may, may at any time and from time to time, time request and receive the prior written authorization from of Owner for of the specific Property of any one or more purchases or other expenditures, notwithstanding that Manager may otherwise be authorized hereunder to make such purchases or expenditures.