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<br />Manager and Owner. Manager will be named as additional- insured on all liability policies. <br />Owner shall provide Manager with copies of certificates of insurance on all insuran,ce <br />hereinabove required. <br /> <br />3.3. Waive~ of SUQrog~tion. Manager and Owner shall endeavor in good faith'to' <br />obtain waivers of subrogation from their respective insurers and shall, if such waiver is <br />available, provide reasonable evid~nce thereof to the other party. If such waiver is not <br />available, such party shall advise the other party thereof in writing. <br /> <br />3.4. Indemnifj.cation of Owner. Manager agrees to hold and saye Owner free and <br />harIIfless from any and all liabilities, damages, claims, causes of action, or costs or other <br />expenses, including without limitation reasonable attorneys' fees, paid or incurred by Owner as <br />a direct and proximate result of negligent acts, omissiqns, or intentional misconduct of <br />Manager, its employees or agents. In connection with any such claim asserted against Owner, <br />its agents, or employees, Manager shall defend such party with legal counsel reasonable <br />acceptable to Owner. , <br /> <br />3.5. InqeU1J1ip.catiop. of Manager. Owner agrees to hold and save Manager free and" <br />harmless from any and all liabilities, damages, claims, callses of action, or costs or. other <br />expenses, induding without limitation reas,onable attorneys' fees, paid or incurred by Manager, <br />the conduct or its agents and employees, within the scope of this Agreement in its capacity as <br />property manager hereunder, except for (i) claims based on the negligent acts, omissions, or <br />intentional misconduct of Manager, its agents or employees or (ll) acts of Manager, its agents or <br />employees, outside the scope of Manager's duties hereunder. In connection with any such <br />claim against Manager, its agents or employees, Owner shall defend such party with legal <br />counsel reasonably acceptable to Manager. <br /> <br />ARTICLE N. <br /> <br />COMPENSATION <br /> <br />4.1. P\Qperty Mana~~ment FeEi!s. In addition to other amounts payable her~under, <br />Owner agrees to pay Manager each calendar month during the term hereof, a property <br />management fee as set fortl1. as Exhibit B attached hereto and made a part hereof, for all <br />management services provided pursuant to the terms of this Agreement. <br /> <br />4.2. Ol?era~g: Funds. In addition to the fees described in Section 4.1, Owner shall <br />provide funds to Manager in order to pay any and all related operating expenses with respect to <br />the premises on a current basis, in accordance with the Approved Budget or otherwise as <br />authorized hereunder, including without limitation the applicable cost. ' <br /> <br />.5~ <br /> <br />, -16- <br />