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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 insurance <br />hereinabove required. <br /> <br /> 3.3. Waiver of Subrogation. 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 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, omissions, 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. 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 (ii) 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 IV. <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 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. 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 the Approved Budget or otherwise as <br />authorized hereunder, including without limitation the applicable cost. <br /> <br />-370- <br /> <br /> <br />