Powers and Duties of Manager. Subject to the terms and provisions of the Agreement, the Manager (i) shall have the following powers and duties, which shall be discharged in accordance with approved Programs and Budgets, and (ii) may delegate any or all of such powers and duties to officers, employees, agents or representatives:
(a) To manage, direct and control Business and Operations and prepare and present proposed Programs and Budgets to the Management Committee pursuant to Article X.
(b) To implement the decisions of the Management Committee, make all expenditures necessary to carry out adopted Programs, and promptly advise the Management Committee if it lacks sufficient funds to carry out its responsibilities under the Agreement.
(c) To use reasonable efforts to (i) purchase or otherwise acquire all material, supplies, equipment, water, and utility and transportation services required for Operations, such purchases and acquisitions to be made to the extent feasible and practicable on the best terms reasonably available, taking into account all of the circumstances; (ii) obtain such customary warranties and guarantees as are available in connection with such purchases and acquisitions; and (iii) keep the Assets free and clear of all Encumbrances, except any Encumbrances (A) listed in Paragraph 1.1 of Exhibit A, (B) any Encumbrances existing at the time of, or created concurrently with, the acquisition of such Assets, (C) mechanic's or materialmen's liens (which shall be contested, released or discharged in a diligent matter), and (D) Encumbrances specifically approved by the Management Committee.
(d) To conduct such title examinations of the Properties and cure such title defects pertaining to the Properties as may be advisable in its reasonable judgment.
(e) To (i) make or arrange for all payments required by leases, licenses, permits, contracts and other agreements related to the Assets; (ii) pay all taxes, assessments and like charges on Operations and Assets, except taxes determined or measured by a Member's sales revenue or net income, but including severance, resources, processor's and other production taxes due with respect to Products, and otherwise promptly pay and discharge expenses incurred in Operations; provided, however, that if so authorized by the Management Committee, the Manager may contest (in the courts or otherwise) the validity or amount of any tax, assessment or charge if the Manager deems the same to be unlawful, unjust, unequal or excessive, or undertake su...
Powers and Duties of Manager. Subject to the terms and provisions of this Agreement, the Manager shall have the following powers and duties which shall be discharged in accordance with adopted Programs and Budgets:
Powers and Duties of Manager. Subject to the terms and provisions of this Agreement, the Manager shall have the following powers and duties:
Powers and Duties of Manager.
(a) The Trustee hereby delegates to the Manager the exclusive power and sole responsibility to manage the business and affairs of a Fund. The Manager shall have the powers and duties expressly provided for herein, including the power to further delegate the administration of a Fund, where in the discretion of the Manager, it would be in the best interest of a Fund to do so.
(b) For greater certainty, it is hereby confirmed that the Trustee shall have no responsibility for investment management of the securities or other Fund Property of a Fund or for any investment decisions or for compliance with any investment policy or principle regardless of whether such policy or principle is set out in a supplemental agreement.
Powers and Duties of Manager. The Manager shall preside over the day to day function of the Company, including the following:
(a) Execute on behalf of the Company all instruments, documents and other agreements on behalf of the Company in such forms as the Manager may approve;
(b) Endorse checks, drafts or other evidence of indebtedness to the Company for deposit into one of the Company’s accounts;
(c) Do and perform all other acts as may be necessary or appropriate to the conduct of the Company’s business; and
(d) Otherwise undertake any other act in the ordinary course of the Company’s activities. Notwithstanding the default rules promulgated by Section 17704.07(c) of the Act, the Manager may only take the following actions upon the approval of a Majority in Interest:
(a) Select the officers of the Company;
(b) Employ accountants, legal counsel, managing agents, tradesmen, contractors, subcontractors or other Persons to perform services for the Company;
(c) Maintain and purchase liability insurance to the extent deemed reasonable or prudent to protect the Company’s property and business;
(d) Promptly and swiftly sell, lease exchange or otherwise dispose of all, or substantially of the Company’s property outside the ordinary course of the Company’s activities;
(e) Commence lawsuits and other proceedings on behalf of the Company;
(f) Cause the dissolution, termination, merger or conversion of the Company; and
(g) Any other powers or duties that may be prescribed in this Agreement or by a Majority in Interest.
Powers and Duties of Manager. 10 9.3 Standard of Care; Indemnification..................................... 13 9.4 Resignation; Deemed Offer to Resign................................... 13 9.5
Powers and Duties of Manager. General duties
(1) Subject as provided in this Deed the Manager shall be responsible for and shall have full and unrestricted authority to do all such acts and things as may be necessary or requisite for the proper management of the Development and in particular the following :- Inspection (a) Subject to Clause (1) of Section III, to inspect at reasonable intervals the Common Areas and the Common Facilities and, if the Manager shall think fit, at reasonable times with reasonable prior notices given the interior of the Units. Maintenance (b) to put in hand all works necessary to maintain the Common Areas, the Common Facilities and the foundation to ensure that the Development is maintained in a good, clean and safe condition and for this purpose employ reputable and competent contractors and workmen. Owners' and Occupiers' obligations to repair (c) to ensure all Owners or occupiers of the Units to maintain their respective Units in a satisfactory manner and in the event of default by any such Owners or occupiers, the Manager may require and demand the Owner to put in hand at his own costs any maintenance To maintain exterior (d) to maintain as appropriate the exterior and the landscaping of the Development and the Common Areas at reasonable intervals. To replace glass, remove metal grille or shutter or gate (e) (i) (ii) to replace any broken glass in the Common Areas. to remove metal grille or shutter or gate erected affixed installed or attached in or on or at the entrance or entrances of any Flat which shall in any way contravene the regulations of the Fire Services Department or other authorities and/or which may in any way impede the free and uninterrupted passage over through and along any of the Common Areas and/or which may be in breach of this Deed and to recover the costs and expenses of such removal from the Owner of such grille or shutter or gate. To provide lighting (f) to keep all the Common Areas well lighted. To keep good ventilation (g) to keep in good repair the ventilation of all enclosed Common Areas. To clean (h) to keep the Development and all parts thereof in a clean sanitary and tidy condition. To remove refuse (i) to remove all refuse from the Development and arrange for its disposal at regular intervals and to maintain refuse collection facilities to the satisfaction of the Director of Food And Environmental Hygiene. To prevent obstruction (j) to prevent the obstruction of the Common Areas and the Common Facilities and to remove any...
Powers and Duties of Manager. Subject to the terms and provisions of this Agreement, the Manager shall have the following powers and duties which shall be discharged in accordance with adopted Programs and Budgets:
(a) The Manager shall manage, direct and control Operations.
(b) The Manager shall implement the decisions of the Management Committee, shall make from Company funds all expenditures necessary to carry out adopted Programs, and shall promptly advise the Management Committee if the Company lacks sufficient funds for the Manager to carry out its responsibilities under this Agreement.
(c) The Manager shall: (i) purchase or otherwise acquire all material, supplies, equipment, water, utility and transportation services required for Operations, such purchases and acquisitions to be made on the best terms available, taking into account all of the circumstances;
Powers and Duties of Manager. The powers and duties of the Manager will include:
Powers and Duties of Manager. Except as otherwise specifically provided herein, the Manager shall have all rights and powers in the management of the Company business to do any and all other acts and things necessary, proper, convenient or advisable to effectuate the purposes of this Agreement. Without limiting the generality of the foregoing, the Manager may appoint one or more investment advisers to manage the Company assets for the Company, any of which may also be affiliated with the Manager. Any such investment adviser may be given discretionary authority in the management of the Company’s portfolio.
