Debts of Owner. In the performance of its duties as Manager, Manager shall act solely on behalf of Owner in Manager's capacity as an independent contractor. All debts and liabilities to third persons incurred by Manager pursuant to this Agreement and in the course of its operation and management of the Project shall be the debts and liabilities of Owner only, and Manager shall not be liable for (and is hereby indemnified with respect to) any such debts or liabilities, except to the extent Manager has exceeded its authority hereunder. Manager shall have no responsibility to make payments on any indebtedness incurred directly by Owner whether or not secured by the Project or any portion thereof. Without limiting the provisions of Section 6.03 of this Agreement, RREM shall indemnify, defend, protect and hold Manager harmless for, from and against any loss, liability, cost, expense, damage claim or cause of action, including, but not limited to attorneys’ fees, court costs and other litigation expenses and costs, arising from any debt, liability or payment for which Manager is being exculpated pursuant to this Section 2.10. The indemnification obligation of RREM in this Section 2.10 shall survive the expiration or earlier termination of this Agreement.
Appears in 14 contracts
Samples: Management Agreement (Resource Real Estate Investors 7, L.P.), Management Agreement (Resource Real Estate Investors 7, L.P.), Management Agreement (Resource Real Estate Investors 7, L.P.)
Debts of Owner. In the performance of its duties as Manager, Manager shall act solely on behalf of Owner in Manager's ’s capacity as an independent contractor. All debts and liabilities to third persons incurred by Manager pursuant to this Agreement and in the course of its operation and management of the Project Projects shall be the debts and liabilities of Owner only, and Manager shall not be liable for (and is hereby indemnified with respect to) any such debts or liabilities, except to the extent Manager has exceeded its authority hereunder. Manager shall have no responsibility to make payments on any indebtedness incurred directly by Owner whether or not secured by the Project Projects or any portion thereof. Without limiting the provisions of Section 6.03 of this Agreement, RREM Owner shall indemnify, defend, protect and hold Manager harmless for, from and against any loss, liability, cost, expense, damage claim or cause of action, including, but not limited to attorneys’ fees, court costs and other litigation expenses and costs, arising from any debt, liability or payment for which Manager is being exculpated pursuant to this Section 2.102.11. The indemnification obligation of RREM Owner in this Section 2.10 2.11 shall survive the expiration or earlier termination of this Agreement.
Appears in 5 contracts
Samples: Management Agreement (Resource Apartment REIT III, Inc.), Form of Management Agreement (Resource Apartment REIT III, Inc.), Form of Management Agreement (Resource Apartment REIT III, Inc.)
Debts of Owner. In the performance of its duties as Manager, Manager shall act solely on behalf of Owner in Manager's capacity as an independent contractor. All debts and liabilities to third persons incurred by Manager pursuant to this Agreement and in the course of its operation and management of the Project Projects shall be the debts and liabilities of Owner only, and Manager shall not be liable for (and is hereby indemnified with respect to) any such debts or liabilities, except to the extent Manager has exceeded its authority hereunder. Manager shall have no responsibility to make payments on any indebtedness incurred directly by Owner whether or not secured by the Project Projects or any portion thereof. Without limiting the provisions of Section 6.03 of this Agreement, RREM Owner shall indemnify, defend, protect and hold Manager harmless for, from and against any loss, liability, cost, expense, damage claim or cause of action, including, but not limited to attorneys’ fees, court costs and other litigation expenses and costs, arising from any debt, liability or payment for which Manager is being exculpated pursuant to this Section 2.102.11. The indemnification obligation of RREM Owner in this Section 2.10 2.11 shall survive the expiration or earlier termination of this Agreement.
Appears in 3 contracts
Samples: Management Agreement (Resource Income Opportunity REIT, Inc.), Management Agreement (Resource Apartment REIT III, Inc.), Management Agreement (Resource Real Estate Opportunity REIT II, Inc.)