|
<br />-- ~--.~ ~---~-~--
<br />- ------ ~~ -- ~ - ~- - -- . ...... .-.- .'--- "--'-"-' .~-----------~----~-~._-~~--_.~~-~----~ -"-
<br />-.~_..._-----_._-~-~_.----~---~--------~_...----~....-.,------~-~~.-~-- ~~ --~--~~~---...-,.. - - - '--~.-~--------------,....,-
<br />~~--~--~----~'-:----.:---
<br />
<br />.._-...-.--:-.""':"--------~--:-~._.~-_.~_._.
<br />~'~.~-' ...;.",..--....- -.'- ....
<br />
<br />...=--'""--:-._::",?,.::_..:::.:...-~...:;_..:...:....:.:.:<~ -- - -'" ~ ~ ,., -.- ._~-~-:-:--:.-~~-:--~:=...._---~...:::~ -.---_.._--_..-.._-~--~.-~_...- -~-
<br />
<br />-
<br />
<br />Manager and Ovvner. Manager will be named as additional- inSured on all liability polides.
<br />Owner shall provide Manager with copies of certificates of insurance on all insuran.ce
<br />hereinabove required.
<br />
<br />3.3. Waiver of Subrogation. Manager and Ovvner 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 evidence 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. Indemnification of Owner. Manager agrees to hold and save Owner free and
<br />harmless 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 Ovvner.
<br />
<br />3.5. Indemnification of Manager. Owner agrees to hold and, save Manager free and
<br />harmless 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 Manager,
<br />the conduct of 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 (ti) acts of Manager, its agents or
<br />employees, outside the scope of Manager's duties hereunder. In connection with any such
<br />claim agaffist Manager, its agents or employees, OVvner shall defend such party with legal
<br />counsel reasonably acceptable to Manager.
<br />
<br />ARTICLE N.
<br />
<br />COMPENSATION
<br />
<br />4.1. Property Management Fees. In addition to other amounts payable hereunder,
<br />Owner agrees to pay Manager each calendar month during the term hereof, a property
<br />management fee as set forth as ExhibitB attached hereto and made a part hereof, for all
<br />management services provided pursuant to the terms of this Agreement.
<br />
<br />4.2. Operating 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 ti1e Approved Budget or otherwise as
<br />authorized hereunder, including without limitation the applicable cost.' .
<br />
<br />-5~
<br />
<br />P6
<br />
|