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12-13-12 Packet
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1/22/2013 7:21:33 PM
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12/10/2012 4:14:23 PM
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ordinary maintenance,repairs,alterations,replacements and installations,all decorating and <br /> landscaping,and the purchase of all supplies necessary for(i)the proper operation of the <br /> Property,and (ii)compliance with covenants,conditions and restrictions affecting the <br /> Property,to the extent Manager has been notified in writing by Owner of any such <br /> covenants,conditions and restrictions. Notwithstanding the foregoing,Manager shall not <br /> make any purchase or order any work costing more than the limit on the amount authorized <br /> for non-emergency purchases and repairs set forth in Section 1.3 without Owner's prior <br /> written approval,except in circumstances reasonably deemed by Manager to be an <br /> emergency requiring immediate action for the protection of the Property or other persons or <br /> to avoid the suspension of necessary services. Manager shall promptly notify Owner of the <br /> necessity for,the nature of,and the cost of such emergency repairs or compliance. <br /> (b) Manager shall obtain all necessary receipts,releases,waivers,discharges and assurances <br /> necessary to keep the Property free of any mechanics',labor'ers'. materials suppliers'or <br /> vendors'liens in connection with work, materials or supplies for.which Owner contracts and <br /> for which Manager directly contracts pursuant to the terms of this Agreement. <br /> 3.5 Monitoring of Third Party Contractors.Manager shall monitor all independent contractors, <br /> consultants,suppliers, vendors and entities retained by Owner for the operation,repair, maintenance <br /> and servicing of the Property or for any other activity within the scope of this Agreement. <br /> 3.6 Not applicable. <br /> 3.7 Not applicable. <br /> 3.8 Compliance with Laws. Subject to the other provisions of this Agreement,at Owner's expense, <br /> Manager shall use its best efforts to cause the Property to comply with federal,state and municipal <br /> laws,ordinances,regulations and orders relative to the use,operation,repair and maintenance of the <br /> Property and with the rules.regulations or orders of the local Board of Fire Underwriters or other <br /> similar body. Manager shall use its best efforts to remedy the violation of any such law,ordinance. <br /> rule,regulation or order of which it has actual knowledge and which violation occurs after the <br /> Effective Date,at Owner's expense. Expenses incurred in so complying and in correcting any such <br /> violation shall be approved in advance by Owner. Notwithstanding the foregoing,however. <br /> Manager's responsibilities under this Section 3.8 shall not extend to matters as to which the <br /> expenditure of Owner's funds is required but such funds are not made available by Owner. <br /> ARTICLE IV-REPORTS,AND OTHER FINANCIAL MATTERS <br /> 4.1 Not applicable. <br /> 4.2 Records. Manager agrees to keep separate records,either paper or electronic,with respect to the <br /> management and operation of the Property and to retain those records for a period of two(2)years. <br /> ARTICLE V-RESPONSIBILITIES OF OWNER <br /> 5.1 Documents Provided by Owner. In order for Manager to set-up and establish operations Owner shall <br /> provide to Manager such information,documents and certificates regarding the Property as Manager <br /> shall reasonably request and as Owner has in its possession,including,but not limited to,the <br /> following to the extent available: <br /> (a) Legal description of the Property and any improvements. <br /> (b) Site plans and specifications. <br /> (c) An inventory of Owner's personal property at the Property, including all tools,equipment <br /> and supplies. <br /> Page 3 of 10 <br />
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