Common use of Status of Manager; Limitation on Authority Clause in Contracts

Status of Manager; Limitation on Authority. Manager shall act under this Agreement as an independent contractor and not as Owner’s agent or employee. Manager shall not have the right, power or authority to enter into agreements or incur liability on behalf of Owner except as expressly set forth herein. Any personnel hired by Manager to maintain, operate and/or lease each Project shall be the employees or independent contractors of Manager and not of Owner. Manager shall use due care in the selection and supervision of such employees or independent contractors, who shall be duly qualified and licensed, as necessary. Any action taken by Manager which is not expressly permitted by this Agreement shall not bind Owner.

Appears in 7 contracts

Samples: Limited Partnership Agreement (Behringer Harvard Multifamily Reit I Inc), Master Modification Agreement (Behringer Harvard Multifamily Reit I Inc), Property Management Agreement (Behringer Harvard Multifamily Reit I Inc)

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Status of Manager; Limitation on Authority. Manager shall act under this Agreement agreement as an independent contractor and not as Owner’s 's agent or employee. Manager shall not have the right, power power, or authority to enter into agreements or incur liability on behalf of Owner except as expressly set forth herein. Any personnel hired by Manager to maintain, operate and/or lease each Project shall be the employees or independent contractors of Manager and not of Owner. Manager shall use due care in the selection and supervision of such employees or independent contractors, who shall be duly qualified and licensed, as necessary. Any action taken by Manager which that is not expressly permitted by this Agreement Agreement, or is not otherwise consented to by Owner, shall not bind Owner.

Appears in 1 contract

Samples: Commercial Property Management Agreement (Brandywine Realty Trust)

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Status of Manager; Limitation on Authority. This Agreement shall cause Manager shall act under this Agreement as an independent contractor and not as or its affiliates to be, at law, Owner’s agent or employeeupon the terms contained herein. Manager shall not have the right, power or authority to enter into agreements or incur liability on behalf of Owner except as expressly set forth authorized herein. Any personnel hired by Manager to maintain, operate and/or lease each Project shall be the employees or independent contractors of either Manager and not or of Owner, in Manager’s reasonable discretion. Manager shall use due care in the selection and supervision of such employees or independent contractors, who shall be duly qualified and licensed, as necessary. Any action taken by Manager or its affiliates which is not expressly permitted authorized by this Agreement shall not bind Owner.

Appears in 1 contract

Samples: Property Management Agreement (Adaptive Real Estate Income Trust, Inc.)

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