Common use of Supervision of Capital Improvements or Major Repairs Clause in Contracts

Supervision of Capital Improvements or Major Repairs. When requested by the Owner or set forth in an Annual Business Plan, Manager, at Owner’s expense and in Owner’s name, shall supervise the installation and construction of all capital improvements or major repairs to the Project where such work constitutes other than normal maintenance and repair, for additional compensation as set forth in a separate agreement between Owner and Manager. In such events, Manager may negotiate contracts with all contractors, subcontractors, materialmen, suppliers, architects, and engineers approved by Owner, on behalf of, and in the name of, Owner, and may compromise and settle any dispute or claim arising therefrom on behalf of and in the name of Owner; provided only that the Manager shall act in good faith and in the best interest of the Owner at all times. Manager will furnish all personnel necessary for proper supervision of the work and may assign personnel located at the Project to such supervisory work (and such assignment shall not reduce or xxxxx any other fees or compensation owed to Manager under this Agreement).

Appears in 5 contracts

Samples: Property Management Agreement (Behringer Harvard Multifamily Reit I Inc), Registration Rights Agreement (Behringer Harvard Multifamily Reit I Inc), Management Agreement (Behringer Harvard Multifamily Reit I Inc)

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Supervision of Capital Improvements or Major Repairs. When requested by the Owner Manager or set forth in an the Annual Business Plan, ManagerSubcontractor, at OwnerManager’s expense and in OwnerManager’s name, shall supervise the installation and construction of all capital improvements or major repairs to the Project where such work constitutes other than normal maintenance and repair, for additional compensation as set forth in a separate agreement between Owner Manager and ManagerSubcontractor. In such events, Manager Subcontractor may negotiate contracts with all contractors, subcontractors, materialmen, suppliers, architects, and engineers approved by OwnerManager, on behalf of, and in the name of, OwnerManager, and may compromise and settle any dispute or claim arising therefrom on behalf of and in the name of OwnerManager; provided only that the Manager Subcontractor shall act in good faith and in the best interest of the Owner Manager at all times. Manager Subcontractor will furnish all personnel necessary for proper supervision of the work and may assign personnel located at the Project to such supervisory work (and such assignment shall not reduce or xxxxx any other fees or compensation owed to Manager Subcontractor under this Agreement).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Supervision of Capital Improvements or Major Repairs. When requested by the Owner or set forth in an Annual Business Plan, Manager, at Owner’s expense and in Owner’s name, shall supervise the installation and construction of all capital improvements or major repairs to the Project where such work constitutes other than normal maintenance and repair, for additional compensation as set forth in a separate agreement between Owner and Manager. In such events, Manager may negotiate contracts with all contractors, subcontractors, materialmen, suppliers, architects, and engineers approved by Owner, on behalf of, and in the name of, Owner, and may compromise and settle any dispute or claim arising therefrom on behalf of and in the 9 name of Owner; provided only that the Manager shall act in good faith and in the best interest of the Owner at all times. Manager will furnish all personnel necessary for proper supervision of the work and may assign personnel located at the Project to such supervisory work (and such assignment shall not reduce or xxxxx any other fees or compensation owed to Manager under this Agreement).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Behringer Harvard Multifamily Reit I Inc)

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Supervision of Capital Improvements or Major Repairs. When requested by the Owner or set forth in an Annual Business Plan, Manager, at Owner’s expense and in Owner’s name, shall supervise the installation and construction of all capital improvements or major repairs to the Project where such work constitutes other than normal maintenance and repair, for additional compensation as set forth in a separate agreement between Owner and Manager. In such events, Manager may negotiate contracts with all contractors, subcontractors, materialmen, suppliers, architects, and engineers approved by Owner, on behalf of, and in the name of, Owner, and may compromise and settle any dispute or claim arising therefrom on behalf of and in the name of Owner; provided only that the Manager shall act in good faith and in the best interest of the Owner at all times. Manager will furnish all personnel necessary for proper supervision of the work and may assign personnel located at the Project to such supervisory work (and such assignment shall not reduce or xxxxx axxxx any other fees or compensation owed to Manager under this Agreement).

Appears in 1 contract

Samples: Management Agreement (Behringer Harvard Multifamily Reit I Inc)

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