Property and Asset Management Agreements; Other Fees and Agreements; Services Sample Clauses

Property and Asset Management Agreements; Other Fees and Agreements; Services. (a) Each Subsidiary shall enter into a separate management and service agreement substantially in the form attached hereto as Schedule 4.12(a)(X) (each a "Property Management Agreement" and, collectively, the "Property Management Agreements") with AIMCO Managing Member, AIMCO OP, a Controlled Affiliate of AIMCO OP or AIMCO REIT, or such other Person acceptable to the Members (the "Property Manager") for each Project under which the Property Manager shall provide property management services for all Projects owned by the Subsidiaries for an annual property management fee equal to $277 per apartment unit (Inflation Adjusted) paid monthly in arrears. Each Property Management Agreement shall be expressly subject to this Agreement, shall be renewable annually automatically, and Investor acting alone on behalf of the Company, may terminate any Property Management Agreement without penalty or additional consideration pursuant to Section 4.8(c) hereof, Section 4.11(b) hereof, ARTICLE 12 hereof or ARTICLE 13 hereof. Each Property Management Agreement shall be on such other terms and conditions as approved by the Members and Manager. Each Property Management Agreement shall include the language set forth on Schedule 4.12(a)(Y). (b) Amounts paid directly to the Members, if any, pursuant to Section 4.12 hereof shall be treated as guaranteed payments within the meaning of Section 707(c) of the Code, and shall be treated consistently therewith by the Company and all Members, and shall not be treated as distributions for purposes of computing the Members' Capital Accounts or the amount the Members are entitled to receive under ARTICLE 8 or Section 10.2(c) hereof. (c) Notwithstanding anything to the contrary contained in this Agreement, after termination of a Property Management Agreement pursuant to Section 4.8(c) hereof and Section 4.11 hereof, Investor shall have the sole and exclusive authority on behalf of the Company to make all decisions with respect to leasing and property management including to appoint and employ any operator to provide asset and property management services to the Company and its Subsidiaries for the particular Project and pay such operator market rate compensation.
Sample 1
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Related to Property and Asset Management Agreements; Other Fees and Agreements; Services

  • Covenants and Agreements as Independent Agreements Each of the covenants and agreements that is set forth in this Agreement shall be construed as a covenant and agreement independent of any other provision of this Agreement. The existence of any claim or cause of action of the Participant against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the covenants and agreements that are set forth in this Agreement.

  • Property Management Agreement The Property Management Agreement is in full force and effect and, to Borrower's Knowledge, there are no defaults thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

  • Fronting Fee and Documentary and Processing Charges Payable to L/C Issuer The Borrower shall pay directly to the L/C Issuer for its own account a fronting fee with respect to each Letter of Credit, at the rate per annum specified in the Fee Letter, computed on the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.06. In addition, the Borrower shall pay directly to the L/C Issuer for its own account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of the L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

  • Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers The Borrower shall pay directly to each L/C Issuer for its own account a fronting fee (a “Fronting Fee”) with respect to each Letter of Credit issued by it, at the rate per annum equal to 0.125% computed on the daily maximum amount then available to be drawn under such Letter of Credit. Such fronting fees shall be computed on a quarterly basis in arrears. Such fronting fees shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.07. In addition, the Borrower shall pay directly to each L/C Issuer for its own account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable within ten Business Days of demand and are nonrefundable.

  • Existing Agreements The Executive represents to the Company that he is not subject or a party to any employment or consulting agreement, non-competition covenant or other agreement, covenant or understanding which might prohibit him from executing this Agreement or limit his ability to fulfill his responsibilities hereunder.

  • Consulting Agreements Buyer shall have entered into the Consulting Agreements with the Shareholders.

  • Master Services Agreement This Agreement is a master agreement governing the relationship between the Parties solely with regard to State Street’s provision of Services to each BTC Recipient under the applicable Service Modules.

  • Second Amendment to Exhibit A to Services Agreement Exhibit A to the Services Agreement shall be, and here by is, supplemented with the following:

  • Fifth Amended and Restated Limited Liability Company Operating Agreement Dated as of November 30, 2012

  • Parties to Lock-Up Agreements The Company has furnished to the Underwriters a letter agreement in the form attached hereto as Exhibit A (the “Lock-up Agreement”) from each of the persons listed on Exhibit B. Such Exhibit B lists under an appropriate caption the directors and executive officers of the Company. If any additional persons shall become directors or executive officers of the Company prior to the end of the Company Lock-up Period (as defined below), the Company shall cause each such person, prior to or contemporaneously with their appointment or election as a director or executive officer of the Company, to execute and deliver to the Representatives a Lock-up Agreement.

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