Common use of Authority and Responsibilities of Agent Clause in Contracts

Authority and Responsibilities of Agent. During the time this Agreement is in effect, Agent shall: (a) Manage the Property to the best of Agent’s ability, devoting thereto such time and attention as may be necessary; (b) OFFER THE PROPERTY FOR RENT IN COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS, REGULATIONS AND ETHICAL DUTIES, INCLUDING BUT NOT LIMITED TO, THOSE PROHIBITING DISCRIMINATION ON THE BASIS OF RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, FAMILIAL STATUS, SEXUAL ORIENTATION OR GENDER IDENTITY IN THE LEASING OF THE PROPERTY; USE AGENT’S BEST EFFORTS TO SOLICIT, SECURE AND MAINTAIN TENANTS, INCLUDING THE AUTHORITY TO NEGOTIATE, EXECUTE, EXTEND AND RENEW LEASES IN OWNER’S NAME FOR TERMS NOT IN EXCESS OF ; (c) Collect all rentals and other charges and amounts due under tenant leases and give receipts for amounts so collected; (d) Deliver to Owner within 45 days following the date of execution of any rental agreement an accounting which sets forth the name of the tenant, the rental rate and rents collected, and promptly provide a copy of any rental agreement to Owner upon reasonable request; (e) Provide Owner monthly statements of all monies received and disbursed in connection with Agent’s management of the Property, and remit to Owner rental proceeds collected, less any deductions authorized hereunder; provided: (1) this shall not constitute a guarantee by Agent for rental payments that Agent is unable to collect in the exercise of reasonable diligence; (2) if, pursuant to this Agreement or required by law, Agent either has refunded or will refund in whole or in part any rental payments made by a tenant and previously remitted to Owner, Owner agrees to return same to Agent promptly upon Agent’s demand; and (3) any rents pre-paid by a tenant shall be held in trust by Agent and disbursed to Owner as and when they become due under the terms of the tenant’s lease; (f) Make arrangements on Owner’s behalf for any repairs which, in Agent’s opinion, may be necessary to preserve, maintain and protect the Property; provided, Agent may not make arrangements for any repairs that exceed $ without prior approval of Owner, except that in the case of an emergency, Agent may, without prior approval, make arrangements for whatever expenditures on behalf of Owner that are reasonably necessary to preserve the Property or prevent further damage from occurring; (g) Answer tenant requests and complaints and perform the duties imposed upon Owner by tenant leases or any local, state or federal law or regulations, including the authority to purchase such supplies and hire such labor as may be necessary in Agent’s opinion to accomplish any necessary repairs; (h) Retain such amounts from Owner’s rental proceeds as may be necessary from time to time to pay expenses associated with the management and operation of the Property for which Owner is responsible hereunder. Agent will establish and maintain a fund on Owner’s behalf in the amount of $ from which expenses may be paid, but Owner acknowledges and understands that Agent may from time to time retain additional amounts as Agent notifies Owner in advance in writing are reasonably necessary; Negotiate partial refunds with tenants if, in Agent’s reasonable opinion, the tenant’s use and enjoyment of the Property has been or will be materially and adversely affected as a result of a defect in the condition of the Property (such as a repair to the electrical, plumbing, sanitary, heating or ventilating facilities or a major appliance that cannot be made reasonably and promptly); (i) Institute and prosecute such proceedings in small claims court as may be necessary and advisable, in Agent’s opinion, to recover rents due the Owner from tenants or to evict tenants and regain possession, including the authority, in Agent’s discretion, to settle, compromise and release any and all such small claims proceedings; provided, that with respect to any such small claims proceeding, Agent shall have actual knowledge of the facts alleged in the complaint; and

Authority and Responsibilities of Agent. During the time this Agreement is in effect, Agent shall: (a) Manage Use reasonable skill, care, and diligence to manage the Property to the best of Agent’s ability, devoting thereto such time and attention as may be necessaryProperty; (b) OFFER THE PROPERTY FOR RENT IN COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS, REGULATIONS AND ETHICAL DUTIES, INCLUDING BUT NOT LIMITED TO, THOSE PROHIBITING DISCRIMINATION ON THE BASIS OF RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, FAMILIAL STATUS, SEXUAL ORIENTATION OR GENDER IDENTITY IN THE LEASING OF THE PROPERTY; USE AGENT’S BEST EFFORTS TO SOLICIT, SECURE AND MAINTAIN TENANTS, INCLUDING THE AUTHORITY TO NEGOTIATE, EXECUTE, EXTEND AND RENEW LEASES IN OWNER’S NAME FOR TERMS NOT IN EXCESS OF ; (c) Collect all rentals and other charges and amounts due under tenant leases and give receipts for amounts so collected; (d) Deliver to Owner within 45 days following the date of execution of any rental agreement an accounting which sets forth the name of the tenant, the rental rate and rents collected, and promptly provide a copy of any rental agreement to Owner upon reasonable request; (e) Provide Owner monthly statements of all monies received and disbursed in connection with Agent’s management of the Property, and remit to Owner rental proceeds collected, less any deductions authorized hereunder; provided: (1) this shall not constitute a guarantee by Agent for rental payments that Agent is unable to collect in the exercise of reasonable diligence; (2) if, pursuant to this Agreement or required by law, Agent either has refunded or will refund in whole or in part any rental payments made by a tenant and previously remitted to Owner, Owner agrees to return same to Agent promptly upon Agent’s demand; and (3) any rents pre-paid by a tenant shall be held in trust by Agent and disbursed to Owner as and when they become due under the terms of the tenant’s lease; (f) Make arrangements on Owner’s behalf for any repairs which, in Agent’s opinion, may be necessary to preserve, maintain and protect the Property; provided, Agent may not make arrangements for any repairs that exceed $ without prior written approval of Owner, except that in the case of an emergency, Agent may, without prior approval, make arrangements for whatever expenditures on behalf of Owner that are reasonably necessary to preserve the Property or prevent further damage from occurring; (g) Answer tenant requests and complaints and perform the duties imposed upon Owner by tenant leases or any local, state or federal law or regulations, including the authority to purchase such supplies and hire such labor as may be necessary in Agent’s opinion to accomplish any necessary repairs; (h) Retain such amounts from Owner’s rental proceeds as may be necessary from time to time to pay expenses associated with the management and operation of the Property for which Owner is responsible hereunder. Agent will establish and maintain a fund on Owner’s behalf in the amount of $ from which expenses may be paid, but Owner acknowledges and understands that Agent may from time to time retain additional amounts as Agent notifies Owner in advance in writing are reasonably necessary; Negotiate partial refunds with tenants if, in Agent’s reasonable opinion, the tenant’s use and enjoyment of the Property has been or will be materially and adversely affected as a result of a defect in the condition of the Property (such as a repair to the electrical, plumbing, sanitary, heating or ventilating facilities or a major appliance that cannot be made reasonably and promptly); (i) Institute and prosecute such proceedings in small claims court as may be necessary and advisable, in Agent’s opinion, to recover rents due the Owner from tenants or to evict tenants and regain possession, including the authority, in Agent’s discretion, to settle, compromise and release any and all such small claims proceedings; provided, that with respect to any such small claims proceeding, Agent shall have actual knowledge of the facts alleged in the complaint; and

Authority and Responsibilities of Agent. During the time this Agreement is in effect, Agent shall: (a) Manage Use reasonable skill, care, and diligence to manage the Property to the best of Agent’s ability, devoting thereto such time and attention as may be necessaryProperty; (b) OFFER THE PROPERTY FOR RENT IN COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS, REGULATIONS AND ETHICAL DUTIES, INCLUDING BUT NOT LIMITED TO, THOSE PROHIBITING DISCRIMINATION ON THE BASIS OF RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, FAMILIAL STATUS, SEXUAL ORIENTATION OR GENDER IDENTITY IN THE LEASING OF THE PROPERTY; USE AGENT’S BEST EFFORTS TO SOLICIT, SECURE AND MAINTAIN TENANTS, INCLUDING THE AUTHORITY TO NEGOTIATE, EXECUTE, EXTEND AND RENEW LEASES IN OWNER’S NAME FOR TERMS NOT IN EXCESS OF ; (c) Collect all rentals and other charges and amounts due under tenant leases and give receipts for amounts so collected; (d) Deliver to Owner within 45 days following the date of execution of any rental agreement an accounting which sets forth the name of the tenant, the rental rate and rents collected, and promptly provide a copy of any rental agreement to Owner upon reasonable request;; SAMPLE (e) Provide Owner monthly statements of all monies received and disbursed in connection with Agent’s management of the Property, and remit to Owner rental proceeds collected, less any deductions authorized hereunder; provided: (1) this shall not constitute a guarantee by Agent for rental payments that Agent is unable to collect in the exercise of reasonable diligence; (2) if, pursuant to this Agreement or required by law, Agent either has refunded or will refund in whole or in part any rental payments made by a tenant and previously remitted to Owner, Owner agrees to return same to Agent promptly upon Agent’s demand; and (3) any rents pre-paid by a tenant shall be held in trust by Agent and disbursed to Owner as and when they become due under the terms of the tenant’s lease; (f) Make arrangements on Owner’s behalf for any repairs which, in Agent’s opinion, may be necessary to preserve, maintain and protect the Property; provided, Agent may not make arrangements for any repairs that exceed $ without prior written approval of Owner, except that in the case of an emergency, Agent may, without prior approval, make arrangements for whatever expenditures on behalf of Owner that are reasonably necessary to preserve the Property or prevent further damage from occurring; (g) Answer tenant requests and complaints and perform the duties imposed upon Owner by tenant leases or any local, state or federal law or regulations, including the authority to purchase such supplies and hire such labor as may be necessary in Agent’s opinion to accomplish any necessary repairs; (h) Retain such amounts from Owner’s rental proceeds as may be necessary from time to time to pay expenses associated with the management and operation of the Property for which Owner is responsible hereunder. Agent will establish and maintain a fund on Owner’s behalf in the amount of $ from which expenses may be paid, but Owner acknowledges and understands that Agent may from time to time retain additional amounts as Agent notifies Owner in advance in writing are reasonably necessary; Negotiate partial refunds with tenants if, in Agent’s reasonable opinion, the tenant’s use and enjoyment of the Property has been or will be materially and adversely affected as a result of a defect in the condition of the Property (such as a repair to the electrical, plumbing, sanitary, heating or ventilating facilities or a major appliance that cannot be made reasonably and promptly); (i) Institute and prosecute such proceedings in small claims court as may be necessary and advisable, in Agent’s opinion, to recover rents due the Owner from tenants or to evict tenants and regain possession, including the authority, in Agent’s discretion, to settle, compromise and release any and all such small claims proceedings; provided, that with respect to any such small claims proceeding, Agent shall have actual knowledge of the facts alleged in the complaint; andand (j)

Authority and Responsibilities of Agent. During the time this Agreement is in effect, Agent shall: (a) Manage the Property to the best of Agent’s ability, devoting thereto such time and attention as may be necessary; (b) OFFER MANAGE THE PROPERTY FOR RENT IN COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS, REGULATIONS AND ETHICAL DUTIES, INCLUDING BUT NOT LIMITED TO, THOSE PROHIBITING DISCRIMINATION ON THE BASIS OF RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, FAMILIAL STATUS, SEXUAL ORIENTATION OR GENDER IDENTITY IN THE LEASING OF THE PROPERTY; USE AGENT’S BEST EFFORTS TO SOLICIT, SECURE AND MAINTAIN TENANTS, INCLUDING THE AUTHORITY TO NEGOTIATE, EXECUTE, EXTEND AND RENEW LEASES IN OWNER’S NAME FOR TERMS NOT IN EXCESS OF ; (c) Collect Use Agent’s best efforts to maintain tenants, including the authority to negotiate, execute, extend and renew leases in Owner’s name for terms not in excess of ; (d) Receive all rentals and other charges and amounts due under tenant leases and give receipts for amounts so collected; (de) Deliver to Owner within 45 Thirty (30) days following the date of execution of any rental agreement an accounting which sets forth the name of the tenant, the rental rate and rents collected, and promptly provide a copy of any rental agreement to Owner upon reasonable request; (ef) Provide Owner monthly statements of all monies received and disbursed in connection with Agent’s management of the Property, and remit to Owner rental proceeds collected, less any deductions authorized hereunder; provided: (1) this shall not constitute a guarantee by Agent for rental payments that Agent is unable to collect in the exercise of reasonable diligence; and (2) if, pursuant to this Agreement Agreement, or required by law, Agent either has refunded or will refund in whole or in part party any rental payments made by a tenant and previously remitted to Owner, Owner agrees to return same to Agent promptly upon Agent’s demand; and (3) any rents pre-paid by a tenant shall be held in trust by Agent and disbursed to Owner as and when they become due under the terms of the tenant’s lease; (fg) Retain such amounts from Owner’s rental proceeds as may be necessary from time to time to establish and maintain a fund on behalf of Owner in the amount of $500.00 from which Agent may pay expenses associated with the management and operation of the Property for which Owner is responsible hereunder. If there is prepaid rent of more than 2 month’s rent, the $500 reserve shall be increased to $800. (Note: if all or a portion of the maintenance fund is used in one month, Agent may replenish the fund as needed, in Agent’s sole discretion, from the rental proceeds so the minimum balance is maintained.); (h) Make arrangements on Owner’s behalf for any repairs which, in Agent’s opinion, may be necessary to preserve, maintain and protect the Property; provided, Agent may not make arrangements for any repairs repair that exceed $ exceeds $300.00 for Owner residing in the continental United States, $500.00 for Owner residing overseas without prior approval of Owner, except that in the case of an emergency, . Agent may, without prior approval, make arrangements for whatever expenditures on behalf of Owner that are reasonably necessary to preserve the Property or prevent further damage from occurring;. The $300/$500 authorization limit is per repair. (gi) Answer tenant requests and complaints and perform the duties imposed upon Owner by tenant leases or any local, state or federal law or regulations, including the authority to purchase such supplies and hire such labor as may be necessary in Agent’s opinion to accomplish any necessary repairs; (hj) Retain such amounts from Owner’s rental proceeds as may be necessary from time to time to pay expenses associated with the management and operation of the Property for which Owner is responsible hereunder. Agent will establish and maintain a fund on Owner’s behalf in the amount of $ from which expenses may be paid, but Owner acknowledges and understands that Agent may from time to time retain additional amounts as Agent notifies Owner in advance in writing are reasonably necessary; Negotiate partial refunds with tenants if, in Agent’s reasonable opinion, the tenant’s use and enjoyment of the Property has been or will be materially and adversely affected as a result of a defect in the condition of the Property (such as a repair to the electrical, plumbing, sanitary, heating or ventilating facilities or a major appliance that cannot be made reasonably and promptly); (ik) Institute and prosecute such proceedings in small claims court as may be necessary and advisable, in Agent’s opinion, to recover rents due the Owner from tenants or to evict tenants and regain possession, including the authority, in Agent’s discretion, to settle, compromise and release any and all such small claims proceedings; provided, that with respect to any such small claims proceeding, Agent shall have actual knowledge of the facts alleged in the complaint; andAgent shall have Authority to consult with and/or engage legal counsel as needed in the Agent’s discretion, such costs incurred by Owner; (l) In the event of a default of a Lease by tenants, Agent shall: (i) send letter to tenants notifying tenants of default; (ii) perform itemization of Owner’s use of security deposit pursuant to applicable law; and (iii) report any delinquent debt to a consumer credit reporting bureau. In the event of a default of a Lease by tenants, Agent shall not have any duty to: (a) collect unpaid rents or other debts owed to Owner; (b) collect any debt or damage exceeding security deposits or other deposits; (c) collect a re-leasing fee or similar commission; (d) file any lawsuit other than a proceeding to regain possession of the Property, subject to Owner tendering all court costs, attorney’s fees, and related expenses; (e) pay for any court costs, attorney’s fees, or related expenses; or (f) pay any loss or damage incurred by Owner arising from tenants’ default of the Lease; and (m)

Authority and Responsibilities of Agent. During the time this Agreement is in effect, Agent shall: (a) Manage the Property to the best of Agent’s ability, devoting thereto such time and attention as may be necessary; (b) OFFER THE PROPERTY FOR RENT IN COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS, REGULATIONS AND ETHICAL DUTIES, INCLUDING BUT NOT LIMITED TO, THOSE PROHIBITING DISCRIMINATION ON THE BASIS OF RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, FAMILIAL STATUS, SEXUAL ORIENTATION OR GENDER IDENTITY IN THE LEASING OF THE PROPERTY; USE AGENT’S BEST EFFORTS TO SOLICIT, SECURE AND MAINTAIN TENANTS, INCLUDING THE AUTHORITY TO NEGOTIATE, EXECUTE, EXTEND AND RENEW LEASES IN OWNER’S NAME FOR TERMS NOT IN EXCESS OF ; (c) Use Agent’s best efforts to solicit, secure and maintain tenants, including the authority to negotiate, execute, extend and renew leases in Owner’s name for terms not in excess of ; (d) Collect all rentals and other charges and amounts due under tenant leases and give receipts for amounts so collected; ; North Carolina Association of REALTORS®, Inc. (de) Deliver to Owner within 45 days following the date of execution of any rental agreement an accounting which sets forth the name of the tenant, the rental rate and rents collected, and promptly provide a copy of any rental agreement to Owner upon reasonable request; (ef) Provide Owner monthly statements of all monies received and disbursed in connection with Agent’s management of the Property, and remit to Owner rental proceeds collected, less any deductions authorized hereunder; provided: (1) this shall not constitute a guarantee by Agent for rental payments that Agent is unable to collect in the exercise of reasonable diligence; and (2) if, pursuant to this Agreement or required by law, Agent either has refunded or will refund in whole or in part any rental payments made by a tenant and previously remitted to Owner, Owner agrees to return same to Agent promptly upon Agent’s demand; and (3) any rents pre-paid by a tenant shall be held in trust by Agent and disbursed to Owner as and when they become due under the terms of the tenant’s lease; (fg) Make arrangements on Owner’s behalf for or cause to be made any repairs which, in Agent’s opinion, may be necessary to preserve, maintain and protect the Property; provided, Agent may not make arrangements for any repairs that exceed $ without prior approval of Owner, except that in the case of an emergency, Agent may, without prior approval, make arrangements for whatever expenditures on behalf of Owner that are reasonably necessary to preserve the Property or prevent further damage from occurring; (gh) Answer tenant requests and complaints and perform the duties imposed upon Owner by tenant leases or any local, state or federal law or regulations, including the authority to purchase such supplies and hire such labor as may be necessary in Agent’s opinion to accomplish any necessary repairs; (hi) Retain such amounts from Owner’s rental proceeds as may be necessary from time to time to establish and maintain a fund on behalf of Owner in the amount of $ , from which Agent may pay expenses associated with the management and operation of the Property for which Owner is responsible hereunder. Agent will establish and maintain a fund on Owner’s behalf in the amount of $ from which expenses may be paid, but Owner acknowledges and understands that Agent may from time to time retain additional amounts as Agent notifies Owner in advance in writing are reasonably necessary; ; (j) Negotiate partial refunds with tenants if, in Agent’s reasonable opinion, the tenant’s use and enjoyment of the Property has been or will be materially and adversely affected as a result of a defect in the condition of the Property (such as a repair to the electrical, plumbing, sanitary, heating or ventilating facilities or a major appliance that cannot be made reasonably and promptly); (ik) Institute and prosecute such proceedings in small claims court as may be necessary and advisable, in Agent’s opinion, to recover rents and other sums due the Owner from tenants or to evict tenants and regain possession, including the authority, in Agent’s discretion, to settle, compromise and release any and all such small claims proceedings; provided, that with respect to any such small claims proceeding, Agent shall have actual knowledge of the facts alleged in the complaint; andand (l)

Authority and Responsibilities of Agent. During the time this Agreement is in effect, the Agent shall: (a) Manage the Property to the best of Agent’s ability, devoting thereto such time and attention as may be necessary; (b) OFFER THE PROPERTY FOR RENT IN COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWSUse Agent’s best efforts to solicit, REGULATIONS AND ETHICAL DUTIESsecure and maintain tenants, INCLUDING BUT NOT LIMITED TOincluding the use of third-party booking services as may be appropriate in Agent’s opinion, THOSE PROHIBITING DISCRIMINATION ON THE BASIS OF RACEand pay third-party booking fees, COLORchannel management fees, RELIGIONcredit card processing fees, SEXand additional fees that will help enhance the marketability and management of the property, NATIONAL ORIGIN, HANDICAP, FAMILIAL STATUS, SEXUAL ORIENTATION OR GENDER IDENTITY IN THE LEASING OF THE PROPERTY; USE AGENT’S BEST EFFORTS TO SOLICIT, SECURE AND MAINTAIN TENANTS, INCLUDING THE AUTHORITY TO NEGOTIATE, EXECUTE, EXTEND AND RENEW LEASES IN OWNER’S NAME FOR TERMS NOT IN EXCESS OF out of rents collected from tenants secured through such services. Agent reserves the right to add additional fees into bookings and/or nightly rates that are not subject to payout amounts to Owner in order to cover additional costs; (c) Collect all rentals Advertise the Property in such manner as may be appropriate in Agent’s opinion, including but not limited to print advertising, Internet advertising either on Agent’s website or on third party websites, reviews of the Property, displaying “For Rent” sign on the Property (unless prohibited by law or restrictive covenant) and photographing the Property for use in Agent’s advertising. Owner acknowledges and understands that while advertising will facilitate rental of the Property, there are risks associated with disseminating information about the Property that are not within the reasonable control of Agent, including but not limited to inappropriate use of information about the Property placed on the Internet. Owner therefore agrees to indemnify and hold harmless Agent from any damages, costs, attorneys’ fees and other charges and amounts due under tenant leases and give receipts for amounts so collectedexpenses as a result of any loss or damage to Owner not caused by Agent’s negligence arising directly or indirectly out of any such advertising; (d) Deliver Offer the property to Owner within 45 days following the date public for leasing in compliance with all applicable federal and state laws and regulations, including but not limited to, those prohibiting discrimination on the basis of execution of any rental agreement an accounting which sets forth protected class in the name leasing of the tenant, the rental rate and rents collected, and promptly provide a copy of any rental agreement to Owner upon reasonable requestProperty; (e) Provide Negotiate, execute and retain copies of standard form vacation rental agreements on behalf of Owner monthly statements at such rates as Agent shall from time to time recommend to Owner and with which Owner agrees; provided, Agent may from time to time, in Agent’s discretion and without consultation with Owner, either (i) competitively increase the rental rate or (ii) competitively reduce the rental rate for the purpose of filling vacancies; (f) Collect all applicable occupancy and sales taxes and remit them to the appropriate taxing authority; (g) Terminate any lease and refund any payments made by the tenant if, in Agent’s reasonable opinion, the Property is not in fit and habitable condition, relocate tenants, or negotiate partial refunds with tenants if, in Agent’s reasonable opinion, the tenant‘s use and enjoyment of the Property has been or will be materially and adversely affected as a result of a defect in the condition of the Property; (h) Notify Owner regarding any necessary repairs to keep the Property in a fit and habitable or safe condition and follow Owner‘s direction in arranging for any such necessary repairs, including repairs to all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by Owner upon written notification from the tenant that repairs are needed; provided, notwithstanding the foregoing, Agent may, without prior approval of Owner, (i) make or cause to be made repairs that do not exceed four hundred dollars ($400) which, in Agent’s opinion, may be necessary to maintain the Property, and (ii) in an emergency, make whatever expenditures on behalf of Owner that, in Agent’s opinion, are reasonably necessary to preserve and protect the Property or prevent further damage from occurring; (i) Have the Property cleaned to the extent deemed necessary by Agent at the conclusion of each tenant occupancy; (j) Comply with any duties or obligations imposed upon Owner by any local, state or federal law or regulations, including the authority to purchase such supplies and hire such labor as may be necessary in Agent’s opinion to accomplish any necessary repairs; (k) Maintain accurate records of all monies funds received and disbursed in connection with Agent’s management of the Property, and remit to provide Owner monthly statements of all monies received and disbursed on behalf of Owner for any month during which there have been any such receipts or disbursements; (l) Remit rental proceeds collected, less any deductions authorized hereunder; , including but not limited to the fee set forth in paragraph 4 above and any unreimbursed expenditures incurred by Agent under this paragraph 6 and detailed statements to Owner on or before the twentieth (20th) of the month following the account period (the accounting period shall be a calendar month) provided: (1) this shall not constitute a guarantee by Agent for rental payments that Agent is unable to collect in the exercise of reasonable diligence; (2) payments hereunder are subject to limitations imposed by law regarding advance disbursement of rent; and (3) if, pursuant to this Agreement or required by law, Agent either has refunded or will refund in whole or in part any rental payments made by a tenant and previously remitted to Owner, Owner agrees to return same to Agent promptly upon Agent’s demand; and (3) any rents pre-paid by a tenant shall be held in trust by Agent and disbursed to Owner as and when they become due under the terms of the tenant’s lease; (fm) Withhold advance rental payments collected in circumstances where Agent believes that it may become necessary to reimburse such rental payments to a tenant or transfer them to a new owner of the Property, including but not limited to the following: (i) circumstances which may prevent the start or continuation of a tenancy, including but not limited to potentially severe weather, fire or flood causing damage to the Property, new construction or extensive repair or renovation of the Property, or other material deficiencies in the fitness and habitability of the Property, and (ii) possible involuntary transfer of Owner‘s ownership of the Property prior to the occupancy date(s) of the vacation rental(s) for which the advance rental payments have been made, including but not limited to the foreclosure of Owner‘s ownership interest in the Property; (n) Make arrangements payment on Owner’s behalf for any repairs whichbehalf, in Agent’s opinionsole discretion, may be necessary to preserve, maintain and protect the Property; provided, Agent may not make arrangements of any cost or expense which Owner is responsible for any repairs that exceed $ without prior approval of Owner, except that in the case of an emergency, Agent may, without prior approval, make arrangements for whatever expenditures on behalf of Owner that are reasonably necessary to preserve the Property or prevent further damage from occurringpaying; (g) Answer tenant requests and complaints and perform the duties imposed upon Owner by tenant leases or any local, state or federal law or regulations, including the authority to purchase such supplies and hire such labor as may be necessary in Agent’s opinion to accomplish any necessary repairs; (ho) Retain such amounts from Owner’s rental proceeds as may be necessary from time to time to pay expenses associated with the management and operation of the Property for which Owner is responsible hereunder. Agent will establish and maintain a fund on Owner’s behalf of Owner in the amount of $ , from which expenses may be paid, but Owner acknowledges and understands that Agent may from time to time retain additional amounts as Agent notifies Owner in advance in writing are reasonably necessary; Negotiate partial refunds with tenants if, in Agent’s reasonable opinion, the tenant’s use and enjoyment of the Property has been or will be materially and adversely affected as a result of a defect in the condition of the Property (such as a repair to the electrical, plumbing, sanitary, heating or ventilating facilities or a major appliance that cannot be made reasonably and promptly); (ip) Institute Verify that operable smoke detectors and, where required, carbon monoxide alarms have been installed and prosecute such proceedings verify that new batteries have been placed in small claims court as may be necessary a battery-operated smoke detector or any carbon monoxide alarm. This is to ensure that detectors and advisablealarms are operating properly at all times in order to protect Owner, in AgentOwner’s opinionproperty, to recover rents due the Owner from tenants or to evict tenants and regain possession, including the authority, in Agentguests of Owner’s discretion, to settle, compromise and release any and all such small claims proceedings; provided, that with respect to any such small claims proceeding, Agent shall have actual knowledge of the facts alleged in the complaint; andproperty. (q) (r)