Common use of Damage to Unit Clause in Contracts

Damage to Unit. The Agent is responsible to inspect the Unit after each rental and to note any damage that may have occurred. The Owner is ultimately responsible for any damage to the Unit and its contents, including damage, theft, or other action by any person occupying the Unit. The Owner is also responsible for normal wear and tear on the Unit and its contents. The Agent shall make a good faith effort to identify and first collect the cost of repair for damage from the responsible guest or third person or, if applicable, from an insurance policy, but Agent can give no guarantee thereof and shall not be obligated to pay any sums whatsoever for such losses. Owner shall be responsible for any cost of repair or replacement above any funds which are collected from a third person or paid on any policy of insurance maintained by the Association or the Owner, including any deductible amount, and above any funds paid out of the reserve fund for normal maintenance. Owner may, at Owner’s expense, maintain additional insurance coverage necessary to meet this responsibility. Agent is authorized to cause any emergency repairs to be made as Agent, in its sole discretion, deems necessary to preserve and protect the Owner's Unit and its contents from damage. Agent shall investigate with reasonable promptness and make a full written report as to all accidents or claims for damage or destruction to the Unit or its contents, and cooperate with and make any and all loss or incident reports required by any insurance company. Agent makes no representations that it is capable of providing major repairs in all circumstances. Owner and Agent release each other from liability for damages or claims resulting from the negligence of either of their respective Agents, employees or licensees resulting from the breach of this Agreement. In so far as such losses or claims are paid by insurance carriers, no right of subrogation shall rise in favor of such carriers against the Owner or Agent.