Common use of Operational Authority Clause in Contracts

Operational Authority. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as manager for Owner, or in the name of Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with these matters): (a) to hire, supervise, discharge, and pay all labor required for the operation and maintenance of each Property including but not limited to on-site personnel, managers, assistant managers, leasing consultants, engineers, janitors, maintenance supervisors and other employees required for the operation and maintenance of each Property, including personnel spending a portion of their working hours (to be charged on a pro rata basis) at each Property. All expenses of this employment shall be deemed operational expenses of the Property (notwithstanding any possible implication to the contrary in Section 2.4(e)); (b) to make or cause to be made all ordinary repairs and replacements necessary to preserve each Property in its present condition and for the operating efficiency thereof and all alterations required to comply with lease requirements, and to decorate each Property; (c) to negotiate and enter into, as Manager of each Property, contracts for all items on budgets that have been approved by Owner, any repairs for items not exceeding $5,000, any emergency services, appropriate service agreements and labor agreements for normal operation of each Property with duly qualified and licensed Persons, which have terms not to exceed three years, and agreements for all budgeted maintenance, minor alterations, and utility services, including, but not limited to, electricity, gas, fuel, water, telephone, window washing, scavenger service, landscaping, snow removal, pest exterminating, decorating and legal services in connection with the Leases and service agreements relating to each Property, and other services or any of them as Manager may consider appropriate; and (d) to purchase supplies and pay all bills. Manager shall use its best efforts to obtain the foregoing services and utilities for each Property under terms that are as cost-effective and otherwise favorable to Manager as possible for the quality of services and utilities required. Owner hereby appoints Manager as Owner’s authorized Manager for the purpose of executing, as manager for said Owner, all contracts for the foregoing services and utilities. In addition, Owner agrees to specifically assume in writing all obligations under all these contracts so entered into by Manager, on behalf of Owner of the Property, upon the termination of this Management Agreement, and Owner shall indemnify, protect, save, defend and hold Manager and the other Indemnified Parties harmless from and against any and all Losses resulting from, arising out of or in any way related to these contracts and that relate to or concern matters occurring after termination of this Management Agreement, but excluding matters arising out of Manager’s willful misconduct, gross negligence or unlawful acts. Manager shall secure the approval of, and execution of appropriate contracts by, Owner for any non-budgeted and non-emergency/contingency capital items, alterations or other expenditures in excess of $5,000 for any one item, securing for each item at least three written bids, if practicable, or providing evidence satisfactory to Owner that the contract amount is lower than industry standard pricing, from responsible contractors. Manager shall have the right from time to time during the term hereof, to contract with and make purchases from duly qualified and licensed Affiliates of Manager, provided that contract rates and prices are competitive with other available sources. Manager may at any time and from time to time request and receive the prior written authorization of Owner of the specific Property of any one or more purchases or other expenditures, notwithstanding that Manager may otherwise be authorized hereunder to make these purchases or expenditures.

Operational Authority. Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as manager for Owner, or in the name of Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with these such matters): (a) to hire, supervise, discharge, and pay all labor required for the operation and maintenance of each Property including but not limited to on-site personnel, managers, assistant managers, leasing consultants, engineers, janitors, maintenance supervisors and other employees required for the operation and maintenance of each Property, including personnel spending a portion of their working hours (to be charged on a pro rata basis) at each Property. All expenses of this such employment shall be deemed operational expenses of the Property (notwithstanding any possible implication to the contrary in Section 2.4(e));. (b) to make or cause to be made all ordinary repairs and replacements necessary to preserve each Property in its present condition and for the operating efficiency thereof and all alterations required to comply with lease requirements, and to decorate each Property; (c) to negotiate and enter into, as Manager of each Property, contracts for all items on budgets that have been approved by Owner, any repairs for items not exceeding $5,000, any emergency services, appropriate service agreements and labor agreements for normal operation of each Property with duly qualified and licensed Persons, which have terms not to exceed three years, and agreements for all budgeted maintenance, minor alterations, and utility services, including, but not limited to, electricity, gas, fuel, water, telephone, window washing, scavenger service, landscaping, snow removal, pest exterminating, decorating and legal services in connection with the Leases and service agreements relating to each Property, and other services or any such of them as Manager may consider appropriate; and (d) to purchase supplies and pay all bills. Manager shall use its best efforts to obtain the foregoing services and utilities for each Property under terms that are as cost-effective and otherwise favorable to Manager as possible for the quality of services and utilities required. Owner hereby appoints Manager as Owner’s authorized Manager for the purpose of executing, as manager for said Owner, all contracts for the foregoing services and utilitiessuch contracts. In addition, Owner agrees to specifically assume in writing all obligations under all these such contracts so entered into by Manager, on behalf of Owner of the Property, upon the termination of this Management Agreement, and Owner shall indemnify, protect, save, defend and hold Manager and the other Indemnified Parties harmless from and against any and all Losses resulting from, arising out of or in any way related to these such contracts and that relate to or concern matters occurring after termination of this Management Agreement, but excluding matters arising out of Manager’s willful misconduct, gross negligence or and/or unlawful acts. Manager shall secure the approval of, and execution of appropriate contracts by, Owner for any non-budgeted and non-emergency/contingency capital items, alterations or other expenditures in excess of $5,000 for any one item, securing for each item at least three written bids, if practicable, or providing evidence satisfactory to Owner that the contract amount is lower than industry standard pricing, from responsible contractors. Manager shall have the right from time to time during the term hereof, to contract with and make purchases from duly qualified and licensed Affiliates of Manager, provided that contract rates and prices are competitive with other available sources. Manager may at any time and from time to time request and receive the prior written authorization of Owner of the specific Property of any one or more purchases or other expenditures, notwithstanding that Manager may otherwise be authorized hereunder to make these such purchases or expenditures.

Operational Authority. Subject in all events to the terms of the approved budgets, and subject to the provisions of the Operating Agreements requiring the joint consent of the members of Owner and Owner Parent, as applicable, Owner agrees and does hereby give Manager the following exclusive authority and powers (all of which shall be exercised either in the name of Manager, as manager Manager for Owner, or in the name of Owner entered into by Manager as Owner’s authorized agent, and Owner shall assume all expenses in connection with these such matters): (a) to hire, supervise, discharge, and pay all labor required for the operation and maintenance of each the Property including but not limited to on-site personnel, managers, assistant managers, leasing consultants, engineers, janitors, maintenance supervisors and other employees required for the operation and maintenance of each the Property, including personnel spending a portion of their working hours (to be charged on a pro rata basis) at each the Property. All expenses of this such employment shall be deemed operational expenses of the Property (notwithstanding any possible implication to the contrary in Section 2.4(e));Property. (b) to make or cause to be made all ordinary repairs and replacements necessary to preserve each Property in its present condition and for the operating efficiency thereof and all alterations required to comply with lease requirements, and to decorate each the Property; (c) to negotiate and enter into, as Manager of each the Property, (i) contracts for all items on budgets that have been approved by Owner, (ii) any emergency services or repairs for items not exceeding $5,00010,000, any emergency services, (iii) appropriate service agreements and labor agreements for normal operation of each Property with duly qualified and licensed Personsthe Property, which have terms not to exceed three years, and (iv) agreements for all budgeted maintenance, minor alterations, and utility services, including, but not limited to, electricity, gas, fuel, water, telephone, window washing, scavenger service, landscaping, snow removal, pest exterminating, decorating and legal services in connection with the Leases and service agreements relating to each the Property, and other services or any such of them as Manager may consider appropriate; and (d) to purchase supplies and pay all bills. Manager shall use its best efforts to obtain the foregoing services and utilities for each the Property under terms that are as cost-effective and otherwise favorable to Manager as possible for the quality of services and utilities required. Owner hereby appoints Manager as Owner’s authorized Manager for the purpose of executing, as manager Manager for said Owner, all contracts for the foregoing services and utilitiessuch contracts. In addition, Owner agrees to specifically assume in writing all obligations under all these such contracts so entered into by Manager, on behalf of Owner of the Property, upon the termination of this Management Agreement, and Owner shall indemnify, protect, save, defend and hold Manager and the other Indemnified Parties harmless from and against any and all Losses resulting from, arising out of or in any way related to these such contracts and that relate to or concern matters occurring after termination of this Management Agreement, but excluding matters arising out of Manager’s willful misconduct, gross negligence or and/or unlawful acts. Manager shall secure the written approval of, and execution of appropriate contracts by, by Owner for any non-budgeted and non-emergency/contingency capital items, alterations or other expenditures in excess of $5,000 10,000 for any one item, securing for each item at least three written bids, if practicable, or providing evidence satisfactory to Owner Owner, including such reasonable actions taken by the Manager, that the contract amount is lower than industry standard pricing, from responsible contractors. Manager shall have the right from time to time during the term hereof, to contract with and make purchases from duly qualified and licensed Affiliates of Manager, provided that contract rates and prices are competitive with other available sources. Manager may may, at any time and from time to time time, request and receive the prior written authorization of from Owner of the specific Property of for any one or more purchases or other expenditures, notwithstanding that Manager may otherwise be authorized hereunder to make these such purchases or expenditures.