Services to Be Performed by Manager. Subject to the terms ----------------------------------- and provisions of this Agreement and to the terms of any applicable law (including without limitation the Act), regulation, Franchise, FCC License, Permit, court order or administrative enactment pertaining to the Systems, Manager is hereby granted authority to perform, or cause to be performed, for and on behalf of the Company and its subsidiaries, such services as are reasonably required for the management and supervision of the day-to-day operation of the Systems, including without limitation, the following:
(a) Negotiation on behalf of the Company for programming and transmission over the Systems, including, without limitation, retransmission, affiliation, carriage, programming and bulk subscriber agreements;
(i) Evaluating new equipment, materials and techniques and making recommendations in accordance with its evaluations, (ii) establishing general technical standards and procedures and directing their implementation, and (iii) establishing programs for preventive maintenance and monitoring their effectiveness;
(c) Supervision of all construction and development of the Systems, if any, including, without limitation, the selection and appointment of all subcontractors, equipment suppliers and vendors;
Services to Be Performed by Manager. 6.1. Manager shall use its best efforts to maintain Property; and
6.2. Manager shall take reasonable actions to enforce the terms of Tenant leases, including but not limited to actions to collect or cause (i) the collection of all rents, expenses, fees and other charges due Owner and Manager from Tenant; and (ii) the ousting, the dispossession or eviction of Tenants or other persons from the Property, as provided by the laws of the State of Florida. Manager shall, on behalf of Owner, execute and serve such notices and demands on Tenants as Manager may deem necessary or proper. Manager, on behalf of Owner, shall institute, settle or compromise any legal action; and make use of such methods of legal process against a delinquent Tenant or a Tenant in breach of the lease to enforce the covenants or conditions of any lease or tenancy, and to recover possession of the Property, or any part thereof; and
6.3. Manager shall collect rents, fees and other monies due from the Tenant (“Gross Monthly Collections”) and may endorse checks for deposit on behalf of Owner. From Gross Monthly Collections, Manager shall pay from the Account, Property operating costs and expenses, including but not limited to: Management Fees and other monies due Manager per this Agreement, expenses incurred for repairs, alterations, and improvements to Property; and
6.4. Notwithstanding any provision of this Agreement, Manager shall not be obligated to pay, on behalf of the Owner, any expenses in the performance of its duties hereunder unless (i) there is available in the Property Management Account sufficient funds to meet such expenses, or (ii) Owner otherwise makes sufficient funds available for such purposes; and
6.5. Manager shall do, or attempt to cause to be done, reasonable tasks necessary for the proper management of the Property; including, supervision of maintenance and arranging for such maintenance, improvements, alterations, and repairs, as may be required. Preparing the Property for initial leasing shall be the sole responsibility of the Owner; and
6.6. Manager shall have authority to enter into a lease with Tenants, hire, supervise and terminate, on behalf of Owner, all required service providers including legal service required for the operation of the Property. Owner acknowledges and agrees that Owner is bound to any contracts with service providers engaged by Manager on Owner’s behalf. Owner acknowledges there may be costs and fees involved in engaging service providers incl...
Services to Be Performed by Manager. Throughout the Term, and in addition to those services that may be provided pursuant to Section 2.5, pursuant to the terms and subject to the conditions hereof (including those limitations on Manager's authority contained in Section 3.1), and under the control and at the direction of the Owners, Manager shall provide management services in order to manage, promote, maintain and operate the Stations, and, in performing such tasks, Manager shall, among other things, do the following:
(a) Coordinate and supervise all development, sales, construction, governmental and community relations, legal matters, marketing, advertising, promotion and publicity relating to the Stations;
(b) Advise with respect to the programming functions of the Stations, including analysis of ratings results, preparation of an overall marketing plan for each of the Stations, evaluation of existing and potential programming licenses and evaluation of pricing for advertising and other services rendered by the Stations;
(c) Coordinate and supervise all maintenance, alterations, improvements and replacements of and to the Stations;
(d) Prepare, as set forth in Section 4.1, an annual Operating Budget and/or such other documents and strategic plans as the Board may reasonably request from time to time;
(e) Arrange for the billing and collection of all fees, charges or other compensation due to the Stations and arrange for the payment of all expenses and fees incurred or payable by the Stations;
(f) Maintain, in accordance with GAAP, such books and records relating to the business and operations of the Stations as the Owners reasonably shall request and prepare and deliver all such reports or other documents or information as may be required to be prepared and filed under the Securities Exchange Act of 1934, as amended, or in connection with any credit agreement, indenture or other financing arrangement that may be in place at any time, or from time to time, with the Owners or the Stations;
(g) Coordinate and supervise the preparation of all reports, public files, applications, requests and presentations to obtain or maintain in effect such Permits and FCC Licenses as may be required for the maintenance and operation of the Stations, including the preparation of such applications and filings as may be necessary under the Act;
(h) Coordinate and supervise the negotiation and execution by the Owners of all Contracts deemed advisable in connection with the operation of the Stations;
(i) Arrange f...
Services to Be Performed by Manager. In accordance with the ----------------------------------- objectives of any Annual Plan adopted pursuant to Section 4 below, and subject to the limitations of any such Annual Plan and to the provisions of this Agreement, Xxx. Xxxxxx shall have the duty to perform on a continuous and on-going basis, and is hereby granted the authority to perform or cause to be performed, the services listed below for the day- to-day management, conduct and administration of the Business (collectively, the "Services"), including without limitation those listed in Sections 2.2.1 through 2.2.28 below. Xxx. Xxxxxx shall have no obligation to perform any of the Excluded Services described in Section 2.3 below.
2.2.1 The determination, establishment and maintenance of adminis trative, operating, accounting, financial, legal, employment, training, marketing and other standards, policies and procedures;
2.2.2 The present and future licensing and management of TCBY's franchises, subfranchises and development rights, including without limitation, the termination of franchise, subfranchise and development rights as determined by Xxx. Xxxxxx;
2.2.3 The negotiation, preparation, execution, administration and performance of all contracts and agreements relating to the day-to-day operations of the Business;
2.2.4 The preparation of all disclosure documents pertaining to the conduct of TCBY's Business and affairs;
2.2.5 The development of domestic and international markets for TCBY franchises and subfranchises, the opening of new TCBY- franchised stores and the development of new products and inventory related thereto;
2.2.6 The development and conduct of marketing and advertising activities of TCBY;
2.2.7 Subject to the applicable Annual Plan, the purchase of or entering into of contracts and agreements for any equipment, supplies or services that Xxx. Xxxxxx deems required or desirable for the operation of the Business, and, as appropriate, any sale, disposal or termination thereof;
2.2.8 The establishment and maintenance of accurate books of account, corporate records and business records reflecting the results of the operations of the Business, and any records as are required by statute or by any governmental agency with jurisdic- tion over TCBY or its subsidiaries, all of which may be exam ined by authorized representatives of TCBY at all reasonable times;
2.2.9 Counseling TCBY in connection with policy decisions to be made by the Board of Directors of TCBY (the "Board");
2.2.10 Cust...
Services to Be Performed by Manager. 14.1. Manager, on a best effort basis, shall attempt to make owner payments (“Owner Draws”) to Owner by the 10th of each month (excluding weekends and holidays), when Owner’s account has clear and available funds.
14.2. Manager may from time to time be required at the request of the Owner to travel to the Property for various reasons outside the general scope of this Agreement (i.e. maintenance oversight, project management, etc). In such cases, Manager shall obtain the Owner’s approval to visit the Property, and Manager reserves the right to charge the Owner and be compensated for Manager’s time and expenses per PMI Brewder Realty Time and Expense policy, see addendum.
Services to Be Performed by Manager. Throughout the Term, and in addition to those services that may be provided pursuant to Section 2.5, pursuant to the terms and subject to the conditions hereof (including those limitations on Manager's authority contained in Section 3.1), and under the control and at the direction of the Owners, Manager shall provide management services, as reasonably requested by the Owners and as reasonably acceptable to the Manager, in order to manage, promote, maintain and operate the Stations.
Services to Be Performed by Manager. Manager shall provide the following services for Owner, all of which shall be performed in a manner consistent with the Operating Standard and the Business Plan, subject to the specific provisions of this Agreement, including the limitations with respect to expenditures of funds (as set forth in Section III(B)(ii)) and the availability of funds.
Services to Be Performed by Manager. 2.1 Expense of the Business. Everything done by Manager under the provisions of this Agreement shall be done as the agent of the Company, and all obligations or expenses incurred hereunder shall be for the account of, on behalf of and at the expense of the Business. All payments to be made by Manager hereunder shall be reimbursed from funds deposited in an account established pursuant to Section 3.2 hereof. Manager shall not be obligated to make any advance to or for the account of the Business or to pay any sums, except out of funds held in an account maintained under Section 3.2, nor shall Manager be obligated to incur any liability or obligation for the account of the Business without assurance that the necessary funds for the discharge thereof will be provided. Nevertheless, Manager shall be reimbursed for expenses paid by it in the course of performance of its duties hereunder upon invoice.
Services to Be Performed by Manager. A. Manager, on a best effort basis, shall attempt to make owner payments (“Owner Draws”) to Owner by the 10th business day of each month, when Owner’s account has clear and available funds.
Services to Be Performed by Manager
