Expense of Owner. Everything done by Manager under the provisions of ARTICLE 4 shall, in accordance with the provisions of ARTICLE 4, and all obligations or expenses incurred under the provisions of this ARTICLE 5 shall, in accordance with this ARTICLE 5, be for the account of, on behalf of and at the expense of Owner except that Owner shall not be obligated to reimburse Manager for any obligations or expenses resulting from the gross negligence, fraud or willful misconduct of Manager, nor for the failure of Manager to perform its obligations and duties under this Agreement. Except to the extent specifically set forth herein, Manager shall not be obligated to pay any expenses or charges from its own funds.
Appears in 10 contracts
Samples: Management and Leasing Agreement (Education Realty Trust, Inc.), Management and Leasing Agreement (Education Realty Trust, Inc.), Management and Leasing Agreement (Education Realty Trust, Inc.)
