Common use of Employment of Personnel Clause in Contracts

Employment of Personnel. On the basis of the Operating Plan, Manager shall investigate, hire, train, pay, supervise and discharge the personnel necessary to be employed in order to manage and lease the Project. Such personnel shall in every instance be deemed employees of Manager and not of Owner and Owner shall have no rights with respect to or responsibility for the supervision or direction of any such personnel. All employees of the Manager on the Property payroll shall work solely and specifically for the Property unless disclosed to and approved by Owner. The costs of gross salaries, leasing bonuses, and other incentive compensation payments or pro-rata share thereof, including payroll taxes, insurance, worker's compensation, and other employee benefits of the on-site manager and staff as approved by Owner in the Operating Budget shall be reimbursed to Manager to the extent expended by Manager and provided, Manager represents, warrants and agrees that it and its affiliates will pay and/or deduct from the compensation of employees all contributions, taxes and other payments or charges required to be paid and/or deducted by an employer under the provisions of all applicable state unemployment insurance, disability benefits and withholding tax laws, and will comply with all other local, state and federal laws, regulations and requirements applicable to employees or affecting their compensation or conditions of employment or applicable to the Manager for the performance of the services hereunder; subject, however, to Manger's right to reasonably contest the enforcement thereof. If requested by Owner, Manager shall promptly furnish, from time to time, reasonably satisfactory proof of (or allow Owner to inspect the Manager's records to confirm) compliance with any of the foregoing, to the extent such proof is available. Except for on-going, on-site training (the scope of which has been provided to Owner showing the training's relationship with the Property), any and all expenses associated with the education and/or training of Manager's employees shall not be the financial responsibility of the Owner unless approved in the Operating Budget by Owner. The cost of the Worker's Compensation Insurance shall be deducted from the Monthly Gross Collections as an operating expense and included in the monthly reports. Manager understands and agrees that its relationship to Owner is that of independent contractor and that it will not represent to anyone that its relationship to Owner is other than that of independent contractor.

Employment of Personnel. On the basis of the Operating Plan, Manager shall investigate, hire, train, pay, supervise and discharge the personnel necessary to be employed in order to manage and lease the Project. Such personnel shall in every instance be deemed employees of Manager and not of Owner and Owner shall have no rights with respect to or responsibility for the supervision or direction of any such personnel. All employees of the Manager on the Property payroll shall work solely and specifically for the Property unless disclosed to and approved by Owner. The costs of gross salaries, leasing bonuses, and other incentive compensation payments or pro-rata share thereof, including payroll taxes, insurance, worker's compensation, and other employee benefits of the on-site manager and staff as approved by Owner in the Operating Budget shall be reimbursed to Manager to the extent expended by Manager and provided, Manager represents, warrants and agrees that it and its affiliates will pay and/or deduct from the compensation of employees all contributions, taxes and other payments or charges required to be paid and/or deducted by an employer under the provisions of all applicable state unemployment PROPERTY MANAGEMENT AND LEASING AGREEMENT/WABASH APARTMENTS Page 4 insurance, disability benefits and withholding tax laws, and will comply with all other local, state and federal laws, regulations and requirements applicable to employees or affecting their compensation or conditions of employment or applicable to the Manager for the performance of the services hereunder; subject, however, to Manger's right to reasonably contest the enforcement thereof. If requested by Owner, Manager shall promptly furnish, from time to time, reasonably satisfactory proof of (or allow Owner to inspect the Manager's records to confirm) compliance with any of the foregoing, to the extent such proof is available. Except for on-going, on-site training (the scope of which has been provided to Owner showing the training's relationship with the Property), any and all expenses associated with the education and/or training of Manager's employees shall not be the financial responsibility of the Owner unless approved in the Operating Budget by Owner. The cost of the Worker's Compensation Insurance shall be deducted from the Monthly Gross Collections as an operating expense and included in the monthly reports. Manager understands and agrees that its relationship to Owner is that of independent contractor and that it will not represent to anyone that its relationship to Owner is other than that of independent contractor.

Employment of Personnel. On the basis of the Operating Plan, Manager shall investigate, hire, train, pay, supervise and discharge the personnel necessary to be employed in order to manage and lease the Project. Such personnel shall in every instance be deemed employees of Manager and not of Owner and Owner shall have no rights with respect to or responsibility for the supervision or direction of any such personnel. All employees of the Manager on the Property payroll shall work solely and specifically for the Property unless disclosed to and approved by Owner. The costs of gross salaries, leasing bonuses, and other incentive compensation payments or pro-rata share thereof, including payroll taxes, insurance, worker's compensation, and other employee benefits of the on-site manager and staff as approved by Owner in the Operating Budget shall be reimbursed to Manager to the extent expended by Manager and provided, Manager represents, warrants and agrees that it and its affiliates will pay and/or deduct from the compensation of employees all contributions, taxes and other payments or charges required to be paid and/or deducted by an employer under the provisions of all applicable state unemployment PROPERTY MANAGEMENT AND LEASING AGREEMENT/XXXXXXXX APARTMENTS Page 4 insurance, disability benefits and withholding tax laws, and will comply with all other local, state and federal laws, regulations and requirements applicable to employees or affecting their compensation or conditions of employment or applicable to the Manager for the performance of the services hereunder; subject, however, to Manger's right to reasonably contest the enforcement thereof. If requested by Owner, Manager shall promptly furnish, from time to time, reasonably satisfactory proof of (or allow Owner to inspect the Manager's records to confirm) compliance with any of the foregoing, to the extent such proof is available. Except for on-going, on-site training (the scope of which has been provided to Owner showing the training's relationship with the Property), any and all expenses associated with the education and/or training of Manager's employees shall not be the financial responsibility of the Owner unless approved in the Operating Budget by Owner. The cost of the Worker's Compensation Insurance shall be deducted from the Monthly Gross Collections as an operating expense and included in the monthly reports. Manager understands and agrees that its relationship to Owner is that of independent contractor and that it will not represent to anyone that its relationship to Owner is other than that of independent contractor.