Rent Bills and Collections. (i) If applicable, Agent shall prepare and deliver to all persons and/or entities occupying or using space in the Property (individually, a "Resident"; collectively, "Residents") timely bills setting forth all fixed, base or minimum rent and all other amounts payable to Owner by such Residents, including, without limitation, if applicable to the Property, taxes, electricity, natural gas and other utility services (all such fixed, base or minimum rent and other amounts, if any, being sometimes hereinafter collectively referred to as "Rent"; provided, however, that the term "Rent" shall not include security deposits, if any, of Residents) under their respective leases or license, occupancy or similar agreements (individually, a "Lease"; collectively; "Leases"). Agent shall compute all components of Rent. Agent and Owner shall direct all Residents to make payments of Rent into the Operating Account (as such term is hereinafter defined). Any Rent collected directly by Agent shall be promptly deposited by Agent into the Operating Account. (ii) Except as otherwise directed by Owner, Agent shall take all such actions as Agent shall deem necessary or advisable to collect the Rent, to enforce all rights and remedies of Owner under the Leases and to protect the interests of Owner, including, without limitation, the preparation and delivery to Residents of all "late payment", default and other appropriate notices, requests, bills, demands and statements. Unless and to the extent otherwise directed by Owner, Agent may retain counsel, collection agencies and such other persons and firms as Agent shall deem appropriate or advisable, to enforce by legal action the rights and remedies of Owner against any Resident in default in the performance of such Resident's obligations under a Lease. Agent shall promptly notify Owner of any such legal action and the progress of same. Owner shall have the right at all times to control or direct Owner's representation in any legal action.
Appears in 2 contracts
Samples: Property Management and Leasing Agreement (Meadows Preservation Inc), Property Management and Leasing Agreement (Meadows Preservation Inc)
Rent Bills and Collections. (i) If applicableUnless otherwise instructed by Owner, Agent Manager shall prepare and deliver to all persons and/or persons, firms and entities occupying or using space in the Property Building(s) (individually, a "Resident"; collectively, "Residents"“Tenant” and collectively “Tenants”) timely monthly bills setting forth all fixedrent, base or minimum rent escalation payments, common area maintenance payments and all other amounts payable to Owner by such ResidentsTenants (collectively, including, without limitation, if applicable to the Property, taxes, electricity, natural gas and other utility services (all such fixed, base or minimum rent and other amounts, if any, being sometimes hereinafter collectively referred to as "“Rent"; provided, however, that the term "Rent" shall not include security deposits, if any, of Residents”) under the terms of their respective leases or license, occupancy or similar agreements (individually, a "“Lease"; ” and collectively; ", “Leases"”). Agent shall compute all components of Rent. Agent and Owner shall direct all Residents to make payments of Rent into the Operating Account (as such term is hereinafter defined). Any Rent collected directly by Agent Such bills shall be promptly accompanied by such other information and materials as Owner is required to furnish such Tenants under their respective Leases. Manager shall use reasonable efforts to collect all Rent, but shall not seek to dispossess any Tenant or initiate legal action without Owner’s prior written consent. Unless otherwise instructed by Owner, all Rent, security deposits or other sums collected by Manager from Tenants shall be deposited by Agent into in an insured account in the Operating Accountname of Owner. Notwithstanding anything to the contrary provided herein, Owner retains the right to require Manager to utilize a lockbox arrangement or such other arrangement mutually satisfactory to Owner and Manager.
(ii) Except as otherwise directed by Owner, Agent Manager shall take all such actions as Agent Manager shall deem necessary or advisable to collect the Rent, to enforce all rights and remedies of Owner under the Leases and or to protect the interests of Owner, including, without limitation, the preparation and delivery to Residents Tenants of all "“late payment", ,” default and other appropriate notices, requests, bills, demands and statements. Unless and Owner reserves the right, however, to direct Manager not to take any such actions or deliver any such letters. Manager shall have the extent otherwise directed by Owner, Agent may right in its good faith discretion to retain counsel, collection agencies and such other persons and firms as Agent Manager shall deem appropriate or advisableadvisable to enforce, to enforce by legal action action, the rights and remedies of Owner against any Resident Tenant in default in the performance of such Resident's its obligations under a Lease. Agent , provided that, Manager shall promptly notify Owner not, without the prior consent of Owner, authorize the filing of any such legal action and lawsuit against any Tenant or any other person in connection with any Lease or other matter relating to the Property. Manager shall keep Owner informed on a regular basis of the progress of same. Owner shall have the right at all times to control or direct Owner's representation in any legal actionactions.
Appears in 2 contracts
Samples: Management Agreement (Dividend Capital Total Realty Trust Inc.), Management Agreement (Dividend Capital Total Realty Trust Inc.)
Rent Bills and Collections. (i1) If applicable, Agent shall prepare and deliver to all persons and/or persons, firms, and entities occupying or using space in the Property Building (individually, individually a "ResidentTenant" and collectively "; collectively, "ResidentsTenants") timely monthly bills setting forth all fixedrent, base or minimum rent escalation payments, and all other amounts payable to Owner by such Residents, including, without limitation, if applicable to the Property, taxes, electricity, natural gas and other utility services Tenants (all such fixed, base or minimum rent and other amounts, if any, being sometimes hereinafter collectively referred to as "Rent"; provided, however, that the term "Rent" shall not include security deposits, if any, of Residents) under their respective leases or licenselicenses, occupancy or similar agreements (individually, individually a "Lease"; collectively; " and collectively "Leases"). These bills shall be accompanied by such other information and materials as Owner is required to furnish such Tenants under their respective Leases. Agent shall compute use all components of Rent. Agent commercially reasonable efforts to collect all Rent and Owner shall direct all Residents to make payments of deposit the Rent into the Operating Account (as such term is hereinafter defined). Any Rent collected directly in one or more bank accounts maintained by Agent shall be promptly deposited by Agent into the Operating Accounton behalf of Owner.
(ii2) Except as directed otherwise directed by Owner, Agent shall take all such actions as Agent shall deem be necessary or advisable to collect the Rent, to enforce all rights and remedies of Owner under the Leases and or to protect the interests of Owner, including, without limitation, the preparation and delivery to Residents Tenants of all "late payment", default default, and other appropriate notices, requests, bills, demands demands, and statements. Unless and Subject to the extent otherwise directed by Ownerprior approval of Owner (which approval shall not be unreasonably withheld or delayed), Agent may retain counsel, collection agencies agencies, and such other persons and firms as Agent shall deem appropriate or advisable, advisable to enforce by legal action action, the rights and remedies of Owner against any Resident Tenant in default in the performance of such Resident's its obligations under a LeaseLease provided however, Owner shall be responsible for all legal action Agent commences on Owner's behalf. Agent shall promptly notify Owner of the progress of any such legal action and the progress of same. Owner shall have the right at all times to control or direct Owner's representation in any legal actionon a regular basis.
Appears in 1 contract
Samples: Contribution and Exchange Agreement (Cali Realty Corp /New/)