Tenant Matters. (a) Property Manager shall take such actions as it deems reasonably necessary in order to maintain a professional, businesslike relationship on behalf of Owners with all tenants within a Property. All material requests, complaints and notices delivered to Property Manager by any tenants will be incorporated into the quarterly reports required to be delivered by Property Manager to each Owner hereunder and such reports shall indicate the action, or proposed action, taken, or to be taken, with respect thereto. Property Manager shall be responsible for coordinating and monitoring the construction of landlord improvement work to be performed by or for an Owner at the Property and the construction of tenant improvements at the Property to be performed by or for tenants. (b) Each Owner hereby expressly authorizes Property Manager to request, demand, collect, receive and receipt all rent and other charges and to institute legal proceedings, either in the name of Property Manager or, if necessary, the name of an Owner, for the collection of all rents, including percentage rents, and all other amounts, whether in the form of rents, common area maintenance charges, contributions to any Marketing and Promotion Fund (as defined in Section 2.15), if any, or other reimbursable expenses, due to an Owner from any tenants within a Property. Each Owner expressly authorizes Property Manager to file any legal actions to enforce the terms of any lease or leases related to a Property, including, but not limited to, dispossessory actions, or take any action to terminate leases on space within the Property, if such is deemed necessary by Property Manager. The authority granted in this subsection (b) as to lease enforcement shall be absolute. Any out-of-pocket expenses, including attorneys’ fees and disbursements, incurred by Property Manager in connection with its performance under this Section 2.13 shall be deemed an operating expense of a Property and shall be reimbursable, in full, in accordance the provisions hereof.
Appears in 6 contracts
Samples: Management and Leasing Agreement (Retail Value Inc.), Management and Leasing Agreement (Retail Value Inc.), Management and Leasing Agreement (Retail Value Inc.)