Performance by Manager Clause Samples
The 'Performance by Manager' clause defines the obligations and standards that the manager must meet in fulfilling their duties under the agreement. Typically, this clause outlines the specific tasks, responsibilities, and performance benchmarks expected of the manager, such as adhering to industry standards, meeting deadlines, or achieving certain results. By clearly setting out these expectations, the clause ensures accountability and provides a basis for evaluating the manager’s performance, thereby helping to prevent disputes and misunderstandings regarding the manager’s role and deliverables.
Performance by Manager. Landlord understands and acknowledges that (a) Manager is required to provide certain services and perform certain tasks pursuant to the terms of the Management Agreement, and (b) to the extent Manager performs any obligation of the Tenant hereunder, Landlord shall accept such performance by Manager to the same extent as if such obligation had been performed by Tenant; provided, however, that neither Landlord's acceptance of Manager's performance, nor anything else herein shall be deemed or construed to relieve Tenant of any of its obligations hereunder.
Performance by Manager. The City will accept performance by Manager of Developer’s obligations under the Sublease as if the same were performed by Developer in accordance with the terms of the Sublease.
Performance by Manager. The Manager hereby accepts and agrees to perform its obligations hereunder:
1. All administrative services necessary to run and maintain the head office operations including but not limited to:
i. All manpower necessary for all head office operations;
ii. Provide support and guidance when needed regarding the repairs, maintenance (including equipment and facilities) at the Ramada Hotel;
iii. Provide office support services to maintain the Operation and billing to customers including all books and financial accounting when needed and requested by Vendor;
iv. Maintain all of the accounts receivable from the Operation to the Manager;
v. Collect; record and account for all cash collected from the Operation in Meizhou;
vi. Provide for annual financial audits and reports for the Manager; and In the event there are any outstanding bills from vendors or the tax authorities and there is insufficient cash remaining to pay such bills Vendor shall charge Manager on an agreed upon schedule. The Manager agrees to indemnify and hold the Vendor harmless from and against any and all claims, losses, costs, liabilities, damages, suits, demands, judgments or expenses (including but not limited to reasonable attorney’s fees) claimed against or incurred by Vendor arising out of or related, directly or indirectly, to this Management Agreement unless caused by the Vendor’s gross negligence or willful misconduct.
Performance by Manager. Hotel Owner may designate that any and all of its rights, remedies, powers and privileges hereunder may be exercised by a management organization for the Hotel. To the extent that Hotel Owner delegates any of its duties, responsibilities or obligations to such manager, Garage Owner will accept performance by manager on behalf of Hotel Owner.
Performance by Manager. The Manager shall at all times maintain proper and adequate office and technical facilities and a competent and sufficient staff for the performance of its duties, and shall, on behalf of Petrodrill and at Petrodrill s risk and expense, manage and maintain the Vessel in accordance with good oil industry practice, efficiently and economically, to the best of its professional ability in regard to performance, safety and shipshape appearance, and will arrange, at all times, technical supervision to ensure that the Vessel is kept in a seaworthy condition and with valid certificates. Notwithstanding the foregoing, Petrodrill has, subject only to the provisions of Clause 6, ultimate and complete responsibility for the Vessel and shall indemnify the Manager in accordance with Clause 6.
Performance by Manager. Subject to paragraph 11 hereof, until the earlier of (a) payment of the Loan in full, or (b) six (6) months after Owner ceases to pay the scheduled payments under the Note (but in no event later than one hundred and twenty (120) days after maturity of the Loan (whether by acceleration or otherwise), Manager agrees to continue to perform all of its obligations under the Management Agreement in accordance with its terms and subject to all rights (including termination rights) of Manager thereunder, notwithstanding that the provisions of this Agreement may prohibit or restrict the payment of any Management Fees or Leasing Commissions thereunder. Subject to the foregoing, no election by Owner or Manager to terminate the Management Agreement shall become effective unless and until Owner has obtained Holder's prior written consent to undertake Manager's property management functions or a replacement manager has been appointed by Owner with Holder's prior written consent, which consent may be withheld in Holder's sole and absolute discretion.
Performance by Manager. Ground Lessor will accept performance by Manager of Owner’s obligations under the Ground Lease as if the same were performed by Owner in accordance with the terms of the Ground Lease.