Common use of Services to Be Performed by Manager Clause in Contracts

Services to Be Performed by Manager. 5.1. Manager shall use reasonable efforts to maintain Property and to maximize Gross Monthly Collections. 5.2. Manager shall take reasonable actions to enforce the terms of tenant leases and month-to-month rental agreements, including but not limited to actions to collect or cause (i) the collection of all rents, expenses, fees and other charges due Owner and Manager from tenant of the Property in accordance with the tenant’s lease terms; and (ii) the ousting, the dispossession or eviction of tenants or other persons from the Property, as provided by the laws of the State of Nevada. Manager shall, on behalf of Owner, execute and serve such notice and demands on tenants as Manager may deem necessary or proper. Manager, on behalf of Owner, shall institute, settle or compromise any legal action and make use of such methods of legal process against a delinquent tenant or a tenant in breach of the lease to enforce the covenants or conditions of any lease or tenancy, and to recover possession of the premises or any part thereof. 5.3. Manager shall collect rents, fees and other monies due from the tenant (“Gross Monthly Collections”) and may endorse checks for deposit on behalf of Owner. From Gross Monthly Collections, Manager shall pay from the Account, Owner’s Property operating costs and expenses, including but not limited to: Management Fees and other monies due Manager per this Agreement, expenses incurred for repairs, alterations, and improvements to Property. 5.4. Notwithstanding any provision of this Agreement, Owner shall reimburse and Manager shall not be obligated to pay, on behalf of the Owner, any expenses in the performance of its duties enumerated in this Section unless (i) there is available in the Property Management Account sufficient funds to meet such expenses, or (ii) Owner otherwise makes sufficient funds available for such purposes. 5.5. Manager shall do or attempt to cause to be done everything reasonably necessary for the proper management of the Property, including, supervision of maintenance and arranging for such maintenance, improvements, alterations and repairs as may be required by Owner, except any improvements, and/or alterations required in the initial leasing to a tenant which shall be the responsibility of the Owner, or other such maintenance, improvements, alterations or repairs that exceed a total cost of One Thousand dollars ($1,000.00), in which case Manager would require compensation for Project Management services at the rate of 5% specified in section 6.2. 5.6. Manager shall have authority to hire, supervise and lawfully terminate, on behalf of Owner, all required service providers including legal service required for the operation of the Property. Owner acknowledges and agrees that Owner is bound to any service providers engaged by Manager on Owner’s behalf. Owner acknowledges there may be costs and fees involved in engaging service providers including and pursuing legal matters, Owner agrees to pay such costs and fees. 5.7. Manager may handle reasonable tenant requests that may arise from time to time; and shall have the right to provide tenants with these additional services. Any compensation received for said additional services shall be retained solely by the Manager. 5.8. Manager shall facilitate all communications between Owner and Tenant(s). In-order to protect Owner and allow Manager to effectively perform duties described herein, Owner agrees not to have direct contact with the tenant(s) by any means or at any time without prior written consent from Manager. Owner further agrees to ensure any unapproved direct communication to or from tenant(s) regarding the Owner’s property or the Tenant’s lease is immediately directed to Manager. Manager shall not be held responsible for any result of direct communication between Owner and tenant(s), and Owner acknowledges that any such intentional communication initiated by Owner to a Tenant(s) will constitute breach of Agreement and may be cause for immediate termination of Agreement. 5.9. Manager shall require all parties that provide regular or periodic services to the property to present to Manager evidence of Worker's Compensation and General Liability Insurance in an amount Manager deems appropriate for the specific situation, not less than $1,000,000 per occurrence. Manager shall maintain detailed and accurate records of such insurance but shall not be responsible or liable for the failure of said parties to maintain said insurance. All appropriate certificates of insurance shall designate both Manager and Owner as additional named insureds and shall require thirty (30) days written notice to Manager prior to alteration or cancellation. 5.10. The Manager is authorized to negotiate and execute contracts with Owner’s prior written approval for services not to extend over a twelve-month period, provided that all contracts in the name of the Owner shall provide for the right to cancel on thirty (30) days’ notice or less. 5.11. Manager shall cause owner payments (“Owner Draws”) to be initiated to the Owner by the 10th of each month, when the Owner's account has clear and available funds. 5.12. Owner agrees to maintain a minimum reserve/contingency Account balance of ${{form.Reserve_Contingency_Account_balance}} 5.13. Owner understands and agrees that normal Property Management does not include providing on-site management services, property sales, refinancing, preparing property for sale or refinancing, modernization, fire or major damage restoration, rehabilitation, obtaining or giving income tax, accounting, or legal advice, representation before public agencies, advising on proposed new construction, debt collection, counseling, or attending Homeowner Association meetings. If Owner requests the manager to perform anything that is outside of the duties of the manager in this agreement, there will be a charge of

Services to Be Performed by Manager. 5.1. Manager shall use reasonable its best efforts to maintain Property and to maximize Gross Monthly Collections.Property; and 5.2. Manager shall take reasonable actions to enforce the terms of tenant leases and month-to-month rental agreementsTenant leases, including but not limited to actions to collect or cause (i) the collection of all rents, expenses, fees and other charges due Owner and Manager from tenant of the Property in accordance with the tenant’s lease termsTenant; and (ii) the ousting, the dispossession or eviction of tenants Tenants or other persons from the Property, as provided by the laws of the State of NevadaColorado. Manager shall, on behalf of Owner, execute and serve such notice notices and demands on tenants Tenants as Manager may deem necessary or proper. Manager, on behalf of Owner, shall institute, settle or compromise any legal action action; and make use of such methods of legal process against a delinquent tenant Tenant or a tenant Tenant in breach of the lease to enforce the covenants or conditions of any lease or tenancy, and to recover possession of the premises Property, or any part thereof.; and 5.3. Manager shall collect rents, fees and other monies due from the tenant Tenant (“Gross Monthly Collections”) and may endorse checks for deposit on behalf of Owner. From Gross Monthly Collections, Manager shall pay from the Account, Owner’s Property operating costs and expenses, including but not limited to: Management Fees and other monies due Manager per this Agreement, expenses incurred for repairs, alterations, and improvements to Property.due 5.4. Notwithstanding any provision of this Agreement, Owner shall reimburse and Manager shall not be obligated to pay, on behalf of the Owner, any expenses in the performance of its duties enumerated in this Section hereunder unless (i) there is available in the Property Management Account sufficient funds to meet such expenses, or (ii) Owner otherwise makes sufficient funds available for such purposes.; and 5.5. Manager shall do do, or attempt to cause to be done everything reasonably done, reasonable tasks necessary for the proper management of the Property, ; including, supervision of maintenance and arranging for such maintenance, improvements, alterations and repairs repairs, as may be required by Owner, except any improvements, and/or alterations required in required. Preparing the Property for initial leasing to a tenant which shall be the sole responsibility of the Owner, or other such maintenance, improvements, alterations or repairs that exceed a total cost of One Thousand dollars ($1,000.00), in which case Manager would require compensation for Project Management services at the rate of 5% specified in section 6.2.; and 5.6. Manager shall have authority to enter into a lease with Tenants, hire, supervise and lawfully terminate, on behalf of Owner, all required service providers including legal service required for the operation of the Property. Owner acknowledges and agrees that Owner is bound to any contracts with service providers engaged by Manager on Owner’s behalf. Owner acknowledges there may be costs and fees involved in engaging service providers including and pursuing legal matters, and Owner agrees to pay such costs and fees.; and 5.7. Manager may shall handle reasonable tenant Tenant requests that may arise from time to time; and shall have the right to provide tenants Tenants with these additional servicesservices and/or assess additional fees. Any compensation received for as result of said additional services and/or fees shall be retained solely by Manager; and, Owner expressly agrees that any monies paid by Tenant that are not explicitly detailed herein to belong to the Owner, shall belong to the Manager.; and 5.8. Manager shall facilitate handle all communications between Owner and Tenant(s)Tenant. In-order to protect Owner and allow Manager to effectively perform duties described herein, Owner agrees not to have direct contact with the tenant(s) Tenant by any means or at any time without prior written consent from of Manager. Owner further agrees to ensure any unapproved direct communication to or from tenant(s) regarding the Owner’s property or the Tenant’s lease Tenant is immediately directed to Manager. Manager shall not be held responsible for any result of direct communication between Owner and tenant(s)Tenant, and Owner acknowledges that any such intentional communication initiated by Owner to a Tenant(s) will constitute breach a Breach of this Agreement and may be cause for immediate termination of Agreement. 5.9. Manager shall require cause all parties that provide regular or periodic services (“Service Provider”) to the property Property to present to Manager manager, evidence of Worker's Compensation (or waiver) and General Liability Insurance in an amount Manager deems appropriate for the specific situation, not less than $1,000,000 per occurrence. Manager shall maintain detailed and accurate records of such insurance insurance, but shall not be responsible or liable for the failure of said parties to maintain said insurance. All appropriate certificates of insurance shall designate both Manager and Owner as an additional named insureds insured and shall require thirty (30) days written notice to Manager prior to alteration or cancellation.; and 5.10. The Manager is authorized to negotiate and execute contracts with Owner’s prior written approval for services not to extend over a twelve-month periodservices, provided that all contracts in the name of the Owner shall provide for the right to cancel on thirty (30) days’ notice or less.; and 5.11. Manager Manager, on a best efforts basis, shall cause attempt to make owner payments (“Owner Draws”) to be initiated to the Owner by the 10th 15th of each month, when the Owner's ’s account has clear and available funds.; and 5.12. Manager may from time to time be required to travel to the Property for various reasons outside the general scope of this Agreement (i.e. maintenance oversight, project management, etc.). In such cases, Manager shall obtain the Owner agrees approval to maintain visit the Property, and Manager reserves the right to charge Owner a minimum reserve/contingency Account balance of ${{form.Reserve_Contingency_Account_balance}}site visit fee of: (i) 5.13. Owner understands and agrees that normal Property Management does not include providing onManager shall cause a 136-site management services, property sales, refinancing, preparing property for sale or refinancing, modernization, fire or major damage restoration, rehabilitation, obtaining or giving income tax, accounting, or legal advice, representation before public agencies, advising on proposed new construction, debt collection, counseling, or attending Homeowner Association meetings. If Owner requests the manager to perform anything that is outside point review of the duties Property to be undertaken annually, and shall provide Owner a detailed report which may include pictures, video and suggested recommendations for the preservation and improvement of the manager in this agreement, there will be Property. Owner shall compensate Manager for said service at a charge ofrate of $99.00 per assessment.

Services to Be Performed by Manager. 5.16.1. Manager shall use reasonable its best efforts to maintain Property and to maximize Gross Monthly Collections.Property; and 5.26.2. Manager shall take reasonable actions to enforce the terms of tenant leases and month-to-month rental agreementsTenant leases, including but not limited to actions to collect or cause (i) the collection of all rents, expenses, fees and other charges due Owner and Manager from tenant of the Property in accordance with the tenant’s lease termsTenant; and (ii) the ousting, the dispossession or eviction of tenants Tenants or other persons from the Property, as provided by the laws of the State of NevadaFlorida. Manager shall, on behalf of Owner, execute and serve such notice notices and demands on tenants Tenants as Manager may deem necessary or proper. Manager, on behalf of Owner, shall institute, settle or compromise any legal action action; and make use of such methods of legal process against a delinquent tenant Tenant or a tenant Tenant in breach of the lease to enforce the covenants or conditions of any lease or tenancy, and to recover possession of the premises Property, or any part thereof.; and 5.36.3. Manager shall collect rents, fees and other monies due from the tenant Tenant (“Gross Monthly Collections”) and may endorse checks for deposit on behalf of Owner. From Gross Monthly Collections, Manager shall pay from the Account, Owner’s Property operating costs and expenses, including but not limited to: Management Fees and other monies due Manager per this Agreement, expenses incurred for repairs, alterations, and improvements to Property.; and 5.46.4. Notwithstanding any provision of this Agreement, Owner shall reimburse and Manager shall not be obligated to pay, on behalf of the Owner, any expenses in the performance of its duties enumerated in this Section hereunder unless (i) there is available in the Property Management Account sufficient funds to meet such expenses, or (ii) Owner otherwise makes sufficient funds available for such purposes.; and 5.56.5. Manager shall do do, or attempt to cause to be done everything reasonably done, reasonable tasks necessary for the proper management of the Property, ; including, supervision of maintenance and arranging for such maintenance, improvements, alterations alterations, and repairs repairs, as may be required by Owner, except any improvements, and/or alterations required in required. Preparing the Property for initial leasing to a tenant which shall be the sole responsibility of the Owner, or other such maintenance, improvements, alterations or repairs that exceed a total cost of One Thousand dollars ($1,000.00), in which case Manager would require compensation for Project Management services at the rate of 5% specified in section 6.2.; and 5.66.6. Manager shall have authority to enter into a lease with Tenants, hire, supervise and lawfully terminate, on behalf of Owner, all required service providers including legal service required for the operation of the Property. Owner acknowledges and agrees that Owner is bound to any contracts with service providers engaged by Manager on Owner’s behalf. Owner acknowledges there may be costs and fees involved in engaging service providers including and pursuing legal matters, and Owner agrees to pay such costs and fees.; and 5.76.7. Manager may shall handle reasonable tenant Tenant requests that may arise from time to time; and shall have the right to provide tenants with these additional servicesright 6.7.1. Any compensation received for said additional services If Owner has selected a Platinum Service Plan, Owner shall be retained solely entitled to 50% (Fifty %) of late fees and pet fees charged by the Manager.Manager to Tenant; and 5.86.8. Manager shall facilitate handle all communications between Owner and Tenant(s)Tenant. In-order to protect Owner and allow Manager to effectively perform duties described herein, Owner agrees not to have direct contact with the tenant(s) Tenant by any means or at any time without prior written consent from of Manager. Owner further agrees to ensure any unapproved direct communication to or from tenant(s) regarding the Owner’s property or the Tenant’s lease Tenant is immediately directed to Manager. Manager shall not be held responsible for any result of direct communication between Owner and tenant(s)Tenant, and Owner acknowledges that any such intentional communication initiated by Owner to a Tenant(s) will constitute breach a Breach of this Agreement and may be cause for Manager’s immediate termination of Agreement. 5.96.9. Manager shall require cause all parties that provide regular or periodic services (“Service Provider”) to the property Property to present to Manager Manager, evidence of Worker's Compensation (or waiver) and General Liability Insurance in an amount Manager deems appropriate for the specific situation. At the time any such vender is hired as a preferred vender, not less than $1,000,000 per occurrence. Manager shall maintain detailed and accurate records of such insurance but however, Manager shall not be responsible or liable for the failure of said parties to maintain said insuranceinsurance thereafter. All appropriate certificates of insurance shall designate both Manager and Owner as an additional named insureds insured and shall require thirty (30) days written notice to Manager prior to alteration or cancellation.; and 5.106.10. The Owner hereby authorizes the Manager is authorized to negotiate and execute contracts with Owner’s prior written approval for services not to extend over a twelve-month periodbe performed on the Property, on behalf of and for the benefit of Owner, provided that all contracts in the name of the Owner shall provide for the right to cancel on thirty (30) days’ notice or less.; and 5.116.11. Manager Manager, on a best-efforts basis, shall cause attempt to make owner payments (“Owner Draws”) to be initiated to the Owner by the 10th of each month, when the Owner's ’s account has clear and available funds; and 6.12. Manager may from time to time be required to travel to the Property for various reasons outside the general scope of this Agreement (i.e., maintenance oversight, project management, etc.). In such cases, Manager shall obtain the Owner approval to visit the Property, and Manager reserves the right to charge Owner a site visit fee of: (i) $59.95 during normal business hours of Monday through Friday 8:30am through 5:00pm, and (ii) $150.00 outside of normal business hours. Manager reserves the right to charge said amounts without prior approval of Owner. 5.126.13. Manager shall cause a 136-point assessment review of the Property to be undertaken annually and shall provide Owner a detailed report which may include pictures, video and suggested recommendations for the preservation and improvement of the Property. Owner agrees to maintain shall compensate Manager for said service at a minimum reserve/contingency Account balance rate of ${{form129.00 per assessment above the one annual report.Reserve_Contingency_Account_balance}} 5.136.14. What Is Not Covered By The Management Fee: Owner understands and agrees that normal Property Management does not include providing on-site management servicesunscheduled inspections, representation at court hearings, rent board hearings, depositions, HOA/Condo Association meetings, property salestax assessment appeal hearings, refinancinginsurance claim related paperwork and estimates, preparing property for sale or refinancing, modernization, fire or major damage restoration, rehabilitation, obtaining or giving income tax, accounting, or legal advice, representation before public agencies, advising on proposed new construction, debt collection, counseling, or attending Homeowner Association meetingsdepartment of building inspection director hearings and other exceptional building related events are not covered by the monthly management fee. If Manager renders these services at owner’s request, Owner requests the manager shall reimburse Manager for their services as agreed to perform anything that is outside of the duties of the manager in this agreement, there will be a charge ofwriting prior to event.