SERVICES OF AGENT. Agent shall maintain the Accounts (as defined below) and provide bookkeeping services to facilitate the efficient operation of the Property in compliance with this Agreement. Without limiting the generality of the foregoing and subject at all times to such procedures and directions that shall be set forth in this Agreement (as revised or amended from time to time), Agent shall do all of the following:
SERVICES OF AGENT. Agent shall manage the Property to the extent, for the period, and upon the terms of this Agreement. Agent shall perform the following services in the name of and on behalf of the Association, and the Association hereby gives Agent the authority and powers required to perform these services.
SERVICES OF AGENT. (a) Subject to the terms and conditions stated herein, the Company hereby appoints the Agent an agent of the Company for the purpose of processing enrollments in the Program pursuant to the terms of the Program as set forth in the Prospectus and otherwise acting as the agent of the Company under applicable state securities laws in connection with the implementation of the Program. Nothing contained in this Agreement shall be construed to prevent the Company from offering or selling at any time to any person any Stock directly on its own behalf.
(b) On the basis of the representations and warranties contained herein, but subject to the terms and conditions herein set forth, Agent agrees, as agent of the Company, to solicit enrollments in the Program and the issuance of stock award credits for stays in the Company’s hotels by participants in the Program upon the terms and conditions set forth in the Prospectus, as from time to time amended or supplemented. The Company reserves the right, in its sole discretion, to suspend enrollment acceptance commencing at any time for any period of time or permanently. Upon receipt of notice from the Company, the Agent will forthwith suspend processing enrollment applications until such time as the Company has advised the Agent that such solicitation may be resumed.
(c) At the time of delivery of, and payment for, any Stock issued by the Company as a result of the issuance of shares by the Company pursuant to the Program, the Company agrees to pay such Agent one-half of one percent (0.5%) of the aggregate purchase price of the shares issued by the Company to the Program Administrator for the benefit of the Program participants during the term of this Agreement.
(d) Administrative procedures respecting the sale of Stock (the “Procedures”) shall be agreed upon from time to time by the Agent and the Company. The initial Procedures, which are set forth in Exhibit A hereto, shall remain in effect until changed by agreement among the Company and the Agent. Agent and the Company agree to perform the respective duties and obligations specifically provided to be performed by each of them herein and in the Procedures.
SERVICES OF AGENT. Agent shall manage the property to the extent, for the period and upon the terms of this Agreement. Agent shall perform the following services in the name of and on behalf of the Association, and the Association hereby gives Agent the authority and powers required to perform these services.
a) Agent will prepare for execution and filing by the Board any forms and reports. Federal tax returns which may be required by law in connection with the operation of the Association will be given to the Association CPA for filing.
b) Agent shall see that all members are informed with respect to such rules, regulations and notices as may be promulgated by the Association from time to time and ensure that said members, guest and renters conform therewith. These documents will be on owner’s portal in Appfolio. Appfolio is the software to help manage all owner’s ledgers, work orders, and the ability to share all documents (Financials, Governing docs, and minutes). This software allows the owners to have access to these items. Also, Agent will notify the Board members in no less than 5 business days of the date that these documents are uploaded to Appfolio.
c) Cause to be hired, paid and supervised, all persons or entities necessary to be employed in order to properly maintain and operate the Association Property (within the budget constraints) and cause to be discharged all persons or entities unnecessary or undesirable. Such personnel may be independent contractors or in the employ of either Agent or the Association. The Association shall fund the actual gross salaries, plus applicable taxes and insurance, plus actual administration fee of $114.66 per person totals $573.30 per month.
d) Transition to another management company, Agent will help in the process if either party terminates this contract. Agent will send all owner files financials, minutes, and vendor contacts to the new company prior to the termination date. The Agent will continue being support for 60 days 1 Initials after the termination date to help with a smooth transition.
SERVICES OF AGENT. Agent shall hold and safeguard in an agency account the securities, property, or other assets deposited with Agent by Foundation. Agent shall have complete discretion in the investment and reinvestment of the assets in the account, with full power and authority to make such purchases and sales of securities or other property or interests therein as it may deem appropriate and in the best interest of Foundation. Agent shall have all other powers, rights, and privileges necessary for or incident to the performance of its duties including, but not limited to, the powers:
a. to invest and reinvest the principal and income of the account in any and all common stocks, preferred stocks, bonds, notes, debentures, mortgages, open-end or closed-end mutual funds, equipment trust certificates, registered investment companies, and in such other property, real or personal, tangible or intangible, as Agent may deem advisable with the exception of the following transactions which require written disclosure to the Foundation prior to the transaction:
i. investments that generate Unrelated Business Income Tax payable by the Foundation ii. any transaction that results in leveraging our assets
iii. excluding mutual funds, any transaction investing in private placements, lettered stock, futures contracts, swaps, synthetic securities, derivatives, naked options, short sales, margin transactions or other specialized investment activities;
b. to retain property, other than cash, contributed to the account in the same form in which contributed;
c. to sell, exchange, convey, assign, or transfer any property held by Agent upon such terms and for such prices as it, in its sole discretion, may deem advisable;
d. to collect the income due on the securities and property held in the account, as well as the proceeds of maturities, redemptions, or sales of such property; collections of principal shall be held for reinvestment; income may be distributed as directed by Foundation or may be reinvested;
e. to vote in person or by proxy on any stocks, bonds, or other securities held in the account, to exercise any rights appurtenant to any such securities for the conversion thereof into other securities, and to make any and all necessary payments with respect to such conversions or exercise;
f. to deposit or arrange for deposit of securities in a “clearing corporation,” as defined in K.S.A. §84-8-102(3) and in accordance with K.S.A. §84-8-108;
g. to execute releases, receipts, contracts, deeds,...
SERVICES OF AGENT. Services Prior to Resident Occupancy. Prior to occupancy of the Project, the Agent shall:
SERVICES OF AGENT. 701.01 Services Prior to Resident Occupancy. Prior to occupancy of the Project, the Agent shall:
(i) furnish the Owner revised estimates of maintenance and operating expenses accompanied by documentation including a staffing plan and where appropriate, bids, contracts or comparable for any and all items so requested by the Owner or lender;
(ii) develop, and establish such policies and procedures as are necessary to carry out the Agent's responsibilities under this Agreement for the effective and efficient operation of the Project. Such policies and procedures shall provide the guidelines for on-site staff in the day to day operation of the Project and shall include but not be limited to aspects of marketing (e.g., sales practices, mail list management, referral contact, affirmative fair housing practices), administration (e.g., tenant application and move-in, landlord-tenant relations, rental agreements, bookkeeping, tenant charges, etc.) personnel,(e.g., job descriptions, hiring, evaluation, discharge, benefits, etc.) tenant services (e.g., housekeeping, laundry, maintenance, food service, ancillary services, etc.), property management. (e.g., maintenance, preventive maintenance, general repairs, etc.);
(iii) implement marketing plan.
(iv) retain such marketing, maintenance and managerial personnel as are necessary for the preliminary marketing and sale of units;
(v) provide training opportunities to marketing staff;
(vi) establish a bookkeeping and accounting system in accordance with requirements specified by the owner and sufficient to document operational income and expenses of the project covered by the management agreement;
(vii) identify start-up inventory, equipment and supplies and secure such as approved by the Owner and additionally will develop a system for ordering and protecting inventory against loss and waste;
(viii) provide a system for bookkeeping, including payroll, accounts payable, accounts receivable, general ledger, and petty cash, such system being xxxxxned to generate timely information regarding cash flow, as well as information necessary for owner's financial reports.
SERVICES OF AGENT. Agent agrees to work diligently in the sale and lease of any and all real estate listed with Broker and made available to Agent, to solicit additional listings, clients and/or customers in the name of Broker, and otherwise to promote the business of serving the public in real estate transactions to the end that Broker and Agent may derive the greatest advantage consistent with their professional obligations. SP ICA REV 6.17.17 Page 1 of 3 Agent Initial
SERVICES OF AGENT. AMR shall provide or oversee on behalf of the Funds the following administrative services:
A. AMR shall furnish to the Funds adequate (i) office space, which may be space within the offices of AMR or in such other place as may be agreed upon from time to time, and (ii) office furnishings, facilities and equipment as may be reasonably required for managing and administering the operations and conducting the business of the Funds.
B. AMR shall take all necessary steps to assist the Funds in complying with the securities, tax and other laws and regulations of the United States and the various states and other jurisdictions in which the Funds do business, conducting correspondence and other communications with the shareholders of the Funds, and maintaining or supervising the maintenance of all internal bookkeeping, accounting and auditing services and records in connection with the Funds' investment and business activities. In compliance with the requirements of Rule 31a-3 under the 1940 Act, AMR hereby agrees that all records which it maintains for the Funds are the property of the Funds and further agrees to surrender promptly to the Funds any such records upon the Funds' request. AMR further agrees to preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under the 1940 Act.
C. AMR shall employ or provide and compensate the executive, administrative, secretarial, and clerical personnel necessary to supervise the provision of the services set forth in Subparagraphs 2.(A.) and (B.) above, and shall bear the expense of providing such services. AMR shall also compensate all Trustees, officers or employees of the Trust who are directors, officers or employees of AMR or any of its affiliates.
D. AMR will make available and provide to the Funds: (i) financial, accounting and statistical information required by the Funds in the preparation of registration statements, reports and other documents required by federal securities laws and the securities laws of the states and other jurisdictions in which the Funds' shares are sold; (ii) such information as the Funds may reasonably request for use in the preparation of registration statements, reports and other documents required by federal securities laws and the securities laws of the states and other jurisdictions in which the Funds' shares are sold; and (iii) such information as the Funds may reasonably request for use in the preparation of such docume...
SERVICES OF AGENT
