Services of Manager Clause Samples
The "Services of Manager" clause defines the specific duties and responsibilities that the manager is required to perform under the agreement. It typically outlines the scope of services, such as overseeing operations, managing staff, handling finances, or ensuring compliance with relevant laws and policies. By clearly delineating what is expected from the manager, this clause helps prevent misunderstandings and ensures both parties have a shared understanding of the manager’s role, thereby promoting accountability and effective management.
Services of Manager. Section 3.01. Rentals 3 Section 3.02. Qualified Rental Use 4 Section 3.03. Collection of Rents and Other Receipts 5 Section 3.04. Enforcement of Leases 5 Section 3.05. Maintenance and Repairs 5 Section 3.06. Utilities and Services 6 Section 3.07. Personnel 6 Section 3.08. Project Operating Account 6 Section 3.09. Operating Budget 7 Section 3.10. Records and Reports 7 Section 3.11. Tenant-Management Relations 8 Section 3.12. Owner Communications 8 Section 3.13. Non-Discrimination 8 Section 3.14. Compliance With Crown Program 9 Section 3.15. Home Ownership Assistance Fund 9 ARTICLE IV
Services of Manager. Manager shall, within the limits of the budgets and ------------------- plans approved by Owner as provided in Paragraph 5 hereof, in the exercise of Manager's best judgment employing the customary standards of husbandry in the area, as are applicable to crops grown on the Land, undertake on behalf of Owner, full and complete management, supervision and control of the development and operation of the Land so as to achieve and maintain commercially reasonable economic production therefrom. Manager's specific duties shall include, without limitation, the obligation to:
a. Devote such time and attention to the management and operation of the Land as Manager reasonably determines to be necessary and desirable for efficient planting, cultivating, growing and harvesting practices in accordance with the standards set forth above.
b. Devote such time and attention as is necessary for the operation, repair and maintenance of the capital improvements located on the Land (the "Improvements"), including but not limited to the well pumps and motors, and irrigation systems and apparatus.
c. Prepare and submit to Owner operating budget and development plans in accordance with the requirements of Paragraph 5 hereof.
d. Carry out and supervise the execution of such budgets and plans and any supplemental budgets and plans approved by Owner.
e. Hire employees and such labor as may be necessary or appropriate to carry out the purposes of this Agreement. The cost thereof, subject to Paragraph 6 of this Agreement, shall be reimbursed to Manager by Owner. In this regard, Manager agrees to use commercially reasonable efforts to have in its employ at all times a sufficient number of capable, competent and adequately trained employees to enable it to properly, adequately, safely and economically manage, operate and maintain the Land. All matters pertaining to the employment of such employees are and shall continue to be the sole concern and responsibility of the Manager, who is in all respects the employer of such employees and who agrees to comply with all applicable laws and regulations having to do with immigration and naturalization matters, workmen's compensation, social security, unemployment insurance, hours of labor, wages, OSHA rules and regulations, working conditions, citizenship status, and like subjects affecting employers as such. The cost thereof, subject to Paragraph 6 of this Agreement, shall be reimbursed to Manager by Owner. Under no circumstances shall any labor...
Services of Manager. By execution of this Agreement, the Manager accepts appointment as investment manager for the Investment Account with full discretion and agrees to supervise and direct the investments of the Investment Account in accordance with and subject to: (1) the written investment objectives, policies, guidelines and restrictions of the Client as the same may be amended by the Client from time to time; (2) any written instructions that may be provided by Client to Manager from time to time; (3) Iowa Code Chapter 602 Article 9 and Chapter 97A and any other applicable laws, rules and regulations; and (4) the terms and conditions of this Agreement. Manager shall exercise the highest standard of care in investing and reinvesting allocated funds and in fulfilling all other obligations expected of both a fiduciary and a prudent, professional investment manager of a public pension fund. Without limiting the foregoing, the Manager shall, at a minimum, discharge its duties solely in the best interests of the System and its participants and beneficiaries and with the judgment, care, skill, prudence and diligence under the circumstances then prevailing that a prudent fiduciary and professional investment manager acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims. Manager will immediately notify the Client in writing as soon as it becomes aware that any investments made for the Investment Account are inconsistent with such objectives, policies, guidelines, restrictions, instructions, laws, rules or regulations. The Client’s Investment Policy, a copy of which is attached as Appendix A, is incorporated herein by reference. Manager agrees to comply with all of the terms, conditions, requirements and guidelines contained in Client’s Investment Policy, as the same may be amended by Client from time to time. Manager shall provide proper instructions to the Custodian and immediate and identical copies of such instructions to the Client by written facsimile or through Depository Trust Company (“DTC”), regarding the terms of each and every ordered, canceled or corrected transaction as well as each and every instruction for a corporate action. Such instruction shall be in accordance with policies and practices of the Custodian and shall include, without limitation, the following terms as appropriate to the particular transaction: the counterparty, the counterparty’s agent for settlement, the identificat...
Services of Manager. Section 5.1 Management of the Premises
Services of Manager. Manager shall generally manage and operate the Property in accordance with prevailing standards applicable to properties of similar size and character, and in compliance with the leases and occupancy and operating agreements with tenants or other occupants of the Property. Subject to the terms and conditions herein stated, and provided that the Manager’s fee compensation and expenses are paid by Owner as provided in Sections 2.1 and 2.2, Manager shall, in connection with such management and operation, perform the following services with due diligence, prudence, skill and care:
Services of Manager. Subject to such express restrictions or limitations on its authority and to such written instructions as may from time to time be imposed or given by the OWNER, MANAGER shall, on behalf of and for the account of the OWNER:
Services of Manager. Section 5.1 Management of the Premises..
Section 5.2 Manager's Employees...
Section 5.3 Budgets and Leasing Guidelines; Annual Performance.
Section 5.4 Collection of Rents..............................................................................7
Section 5.5 Leasing Duties of Manager........................................................................8
Section 5.6 Decorations and Repairs...
Section 5.7 Operational Activities....
Services of Manager. Manager shall on behalf of Owner perform all services required in connection with the operation of the Property subject at all times to Owner’s general supervision and control. Manager represents:
i. That it is experienced in professional management of property of the character and nature similar to the Property;
ii. That it is legally authorized to manage such property in the state of Wisconsin;
iii. That it will manage the Property in accordance with the highest professional standards for such property;
iv. That it confers fully and regularly with owner in the performance of its duties and to continue to remain informed regarding the property. It shall be the duty and responsibility of Manager:
Services of Manager. For all of the Theatres, Manager shall render the following services, and such services shall include, subject to the limitations set forth in Section 11 hereof, all items incidental or necessary to performing the such services and to operating a theatre company, including negotiating with all third party providers of goods, services, intellectual property, etc. (collectively, the "Services"):
(a) Advertising & Marketing: except as provided for pursuant to that certain Services Agreement dated , 2002 between Regal CineMedia Corporation, a Delaware corporation, and Owner, development, implementation and oversight of the advertising and marketing strategies of the Theatres, including determining advertising policies; placing movie and show time advertisements in newspapers; negotiation and monitoring contracts related to movie and show time advertisements; marketing and promoting new theatres, existing theatres and special events; placing marketing and promotional materials in selected media and the negotiation and monitoring of contracts related thereto; formulating, implementing and promoting special offers including gift certificates, special rate promotions, etc.; development and implementation of all media and public relations, including all charity and community involvement programs;
(b) Film: development, implementation and oversight of the film-related matters of the Theatres, including maintaining relationships with movie studios and motion picture distributors, reviewing and monitoring motion pictures; obtaining and negotiating licenses for exhibition of motion pictures, including price, terms and conditions of studio contracts; monitoring compliance with film license agreements; determining bookings for motion pictures, including placement in theatres and auditoriums and the duration of each film's exhibition in an auditorium;
Services of Manager. 5.1 Manager shall manage, operate and maintain the Properties in a manner normally associated with the management and operation of properties that are similar in size, scope and use as the Properties. Manager shall at all times deal with third parties (whether or not affiliated with Manager) at arms' length and in Owner's interest at all times.
5.2 Manager shall have in its employ at all times a sufficient number of capable employees to enable it to properly, adequately, safely and economically manage, operate and maintain the Properties. All matters pertaining to the employment, supervision, compensation, promotion and discharge of such employees are the responsibility of Manager. Manager is in all respects the employer of such employees, but Owner may require that any particular employee or employees be removed from duty with respect to the Properties, if Owner reasonably deems such employee or employees to be incompetent, careless, insubordinate or otherwise objectionable. Manager shall fully comply with all applicable laws and regulations having to do with ▇▇▇▇▇▇▇'▇ compensation, social security, unemployment insurance, hours of labor, wages, working conditions, and other employer-employee related subjects. All employees engaged by Manager shall be the employees of Manager and not of Owner.
5.3 Manager shall prepare and submit to Owner a proposed operating budget for the Properties for the management and operation of the Properties for the forthcoming calendar year (or in the case of the first calendar year in which the term hereof commences, the remainder of such year if it is not a full calendar year). The first such budget shall be submitted to Owner within thirty (30) days after the commencement of the term of this Agreement and in the future a subsequent proposed budget shall be delivered to Owner no later than November 1 of each calendar year. By November 1 of each calendar year, Manager will submit to Owner a summary of the actual (through September 30) and projected (for the full year) results of management and operation of the Properties for such calendar year. Owner will consider the proposed budgets and then will consult with Manager within thirty (30) days after they are submitted in order to agree on an "Approved Operating Budget". Manager shall have the right from time to time during each calendar year to submit revised budgets to Owner, and Owner shall endeavor to approve the same or revisions thereto as Owner and Manager may deem proper...