Common use of MAINTENANCE, REPAIRS AND OPERATIONS Clause in Contracts

MAINTENANCE, REPAIRS AND OPERATIONS. 4.1 Agent shall use its best efforts to ensure that the property is maintained in an attractive condition and in a good state of repair. In this regard, agent shall use its best skills and efforts to serve the tenants of the property. 4.2 Agent shall make or cause to be made and supervise necessary repairs and maintenance. Expenditures for such in excess of $500 shall not be made without prior written consent of owner, except in the case of emergency, or if agent in good faith determines that such expenditures are necessary to protect the property from damage, to prevent injury to persons or loss of life, or to maintain services to tenants. 4.3 In addition to the foregoing, agent shall perform all services that are necessary and proper for the operation and management of the property, and shall report to owner promptly any conditions concerning the property that, in the opinion of agent, require the attention of owner. 4.4 Agent shall have authority to hire, supervise and terminate on behalf of Owner all independent contractors. In the event monthly gross revenues are insufficient to pay such monies due, Owner shall promptly remit to Agent all sums necessary to make such payments. 4.5 Agent shall not be responsible or liable for any loss, damage, or injury to said property, or any articles of the property located therein due to any cause whatsoever, including but not limited to any loss, damage, or injury due to: acts of God; the elements; the freezing or bursting of pipes; defective heating systems; or the negligence or carelessness of any employee, agent, or contractor. Agent shall not be liable or responsible for the performance or nonperformance of any persons hereof or any requirements imposed by any law or ordinance. The responsibility of Avenue One, LLC. shall be limited to collection and accounting of rents, and the undersigned agrees to hold agent harmless from all liability, expense, attorney fees, costs or judgments in connection herewith, and to reimburse agent therefore. 4.6 Agent recommends that owner carry bodily injury, property damage and personal injury public liability insur- ance in limits of not less than $1,000,000 combined single limit coverage or $500,000/$500,000 bodily injury and per- xxxxx injury and property damage insurance. Owner acknowledges that their insurance policy for said property is pri- xxxx and is a “landlord policy”. All insurance policies shall name Avenue One, LLC as an additional insured and shall contain a waiver of subrogation provision as to Agent. 4.7 Owner will indemnify, defend and hold Agent harmless from all claims, proceedings and liability, relating to the property and the management thereof, including, without limitation, claims relating to or arising out of: construction defects, environmental liability, mold or moisture related claims, claims of non-compliance of the property with any law, regulation, ordinance or code provision, claims of property tenants, invitees or vendors, or claims of employees of Owner hired by Agent pursuant to this Agreement. This indemnification includes, without limitation, such claims for personal injury or wrongful death and property damage, as well as reasonable attorney’s fees and costs. However, this indemnity requirement will not apply to the extent a claim arises from the gross negligence or willful misconduct of Agent. Agent’s liability will, in any event, be limited to the amount of fees earned by Agent pursuant to this Agreement. Defense of Agent will be through counsel retained by Owner or Owner’s insurance carrier that is reason- ably acceptable to Agent. 4.8 Owner agrees, as mandated by the Federal Fair Housing Act, and State and Local law, that Avenue One, LLC and its Agents shall not discriminate against any person or refuse to rent or impose different rent terms on a person be- cause of race; color; sex; marital status; parental status; sexual orientation; political ideology; age; creed; religion; an- cestry; national origin; possession or use of a Section 8 certificate; or the presence of a sensory, mental, or physical handicap. 4.9 Any and all late charges collected from tenant will be dispersed 50% to owner, and 50% retained by agent. NSF fees collected from any tenant will be the property of the Agent. 4.10 The Agent may retain one-half of all deposits or xxxxxxx money that are forfeited by applicants on bona fide offers to lease or rent. This is in a situation where a tenant agrees to rent a property and issues a holding deposit, and then later decides not to rent the property prior to signing the lease. This holding deposit is retained as liquidated dam- ages.

MAINTENANCE, REPAIRS AND OPERATIONS. 4.1 Agent shall use its the best efforts to ensure insure that the property is maintained in an attractive condition and in a good state of repair. In this regard, agent Agent shall use its best skills and efforts to serve the tenants of the property and shall purchase necessary supplies, make contracts for, or otherwise ensure the maintenance of electricity, gas, water, refuse disposal, pest control and any other utilities or services required for the operation of the property. 4.2 . Agent shall make or cause to be made and supervise necessary repairs and maintenancealterations. Expenditures for such repairs, alterations, maintenance or utility expenditures in excess of $500 $ shall not be made without prior written consent of ownerOwner, except in the case of emergency, or if agent in good faith determines that such expenditures are necessary to protect the property from damage, to prevent injury to persons person or loss of life, or to maintain services to tenants. 4.3 In addition to or habitability conditions as may be required by the foregoing, agent shall perform all services that are necessary and proper for the operation and management of the property, and shall report to owner promptly any conditions concerning the property that, in the opinion of agent, require the attention of owner. 4.4 Agent shall have authority to hire, supervise and terminate on behalf of Owner all independent contractorsUtah Fit Premises Act. In the event monthly gross revenues of an "emergency" that must be remedied on an emergency basis to protect the property and maintain habitability, Agent is authorized to make such emergency expenditures as are insufficient necessary, including those in excess of the authorized amount of $ . The owner agrees to pay such bear the expense of each repair or expenditure under these provisions plus a service fee of % to the Agent. Agent reserves the right to require % of estimated costs of repairs prior to work being started. Nothing herein shall be construed to require Agent to advance any monies duefor the care, repair or maintenance of the property. If funds are not available from property revenue for necessary care, repair or maintenance, Owner shall promptly remit to upon demand from Agent all sums provide funds for such necessary to make care, repair or maintenance. If such payments. 4.5 funds are not provided in that Agent shall cannot be responsible or liable for any loss, damage, or injury to said property, or any articles of the property located therein due to any cause whatsoever, including but not limited to any loss, damage, or injury due to: acts of God; the elements; the freezing or bursting of pipes; defective heating systems; or the negligence or carelessness of any employee, agent, or contractor. Agent shall not be liable or responsible for the performance or nonperformance of any persons hereof or any requirements imposed by any law or ordinance. The responsibility of Avenue One, LLC. shall be limited to collection and accounting of rents, and the undersigned agrees to hold agent harmless from all liability, expense, attorney fees, costs or judgments in connection herewith, and to reimburse agent therefore. 4.6 Agent recommends that owner carry bodily injury, property damage and personal injury public liability insur- ance in limits of not less than $1,000,000 combined single limit coverage or $500,000/$500,000 bodily injury and per- xxxxx injury and property damage insurance. Owner acknowledges that their insurance policy for said property is pri- xxxx and is a “landlord policy”. All insurance policies shall name Avenue One, LLC as an additional insured and shall contain a waiver of subrogation provision as to Agent. 4.7 Owner will indemnify, defend and hold Agent harmless from all claims, proceedings and liability, relating to the property and the management thereof, including, without limitation, claims relating to or arising out of: construction defects, environmental liability, mold or moisture related claims, claims of non-compliance of the property with any law, regulation, ordinance or code provision, claims of property tenants, invitees or vendors, or claims of employees of Owner hired by Agent pursuant to good faith perform its duties under this Agreement. This indemnification includes, without limitation, such claims for personal injury or wrongful death and property damage, as well as reasonable attorney’s fees and costs. However, this indemnity requirement will not apply to the extent a claim arises from the gross negligence or willful misconduct of Agent. Agent’s liability will, in any event, be limited to the amount of fees earned by Agent pursuant to this Agreement. Defense of Agent will be through counsel retained by Owner or Owner’s insurance carrier that is reason- ably acceptable to Agent. 4.8 Owner agrees, as mandated by the Federal Fair Housing Act, and State and Local law, that Avenue One, LLC and its Agents shall not discriminate against any person or refuse to rent or impose different rent terms on a person be- cause of race; color; sex; marital status; parental status; sexual orientation; political ideology; age; creed; religion; an- cestry; national origin; possession or use of a Section 8 certificate; or the presence of a sensory, mental, or physical handicap. 4.9 Any and all late charges collected from tenant will be dispersed 50% to owner, and 50% retained by agent. NSF fees collected from any tenant will be the property of the Agent. 4.10 The Agent may retain one-half of all deposits or xxxxxxx money that are forfeited by applicants on bona fide offers to lease or rent. This is terminate this Agreement as provided in a situation where a tenant agrees to rent a property and issues a holding deposit, and then later decides not to rent the property prior to signing the lease. This holding deposit is retained as liquidated dam- agesSection 18.

MAINTENANCE, REPAIRS AND OPERATIONS. 4.1 5.1 Agent shall use its the best efforts to ensure that the property is maintained in an attractive condition and in a good state of repair. In this regard, agent Agent shall use its best skills and efforts to serve the tenants of the property and shall purchase necessary supplies, make contracts for, or otherwise ensure the maintenance of electricity, gas, water, refuse disposal, pest control and any other utilities or services required for the operation of the property. 4.2 . Agent shall make or cause to be made and supervise necessary repairs and maintenancealterations. Expenditures for such repairs, alterations, maintenance or utility expenditures in excess of $500 300.00 shall not be made without prior written consent of ownerOwner, except in the case of emergency, or if agent in good faith determines that such expenditures are necessary to protect the property from damage, to prevent injury to persons person or loss of life, or to maintain services to tenants. 4.3 In addition to or habitability conditions as may be required by the foregoing, agent shall perform all services that are necessary and proper for the operation and management of the property, and shall report to owner promptly any conditions concerning the property that, in the opinion of agent, require the attention of owner. 4.4 Agent shall have authority to hire, supervise and terminate on behalf of Owner all independent contractorsUtah Fit Premises Act. In the event monthly gross revenues of an “emergency” that must be remedied on an emergency basis to protect the property and maintain habitability, Agent is authorized to make such emergency expenditures as are insufficient necessary, including those in excess of the authorized amount of $300.00. The owner agrees to pay such bear the expense of each repair or expenditure under these provisions plus a service fee of 10% to the Agent. Agent reserves the right to require 50% of estimated costs of repairs prior to work being started. Nothing herein shall be construed to require Agent to advance any monies duefor the care, repair or maintenance of the property. If funds are not available from property revenue for necessary care, repair or maintenance, Owner shall promptly remit to upon demand from Agent all sums provide funds for such necessary to make care, repair or maintenance. If such payments. 4.5 funds are not provided in that Agent shall cannot be responsible or liable for any loss, damage, or injury to said property, or any articles of the property located therein due to any cause whatsoever, including but not limited to any loss, damage, or injury due to: acts of God; the elements; the freezing or bursting of pipes; defective heating systems; or the negligence or carelessness of any employee, agent, or contractor. Agent shall not be liable or responsible for the performance or nonperformance of any persons hereof or any requirements imposed by any law or ordinance. The responsibility of Avenue One, LLC. shall be limited to collection and accounting of rents, and the undersigned agrees to hold agent harmless from all liability, expense, attorney fees, costs or judgments in connection herewith, and to reimburse agent therefore. 4.6 Agent recommends that owner carry bodily injury, property damage and personal injury public liability insur- ance in limits of not less than $1,000,000 combined single limit coverage or $500,000/$500,000 bodily injury and per- xxxxx injury and property damage insurance. Owner acknowledges that their insurance policy for said property is pri- xxxx and is a “landlord policy”. All insurance policies shall name Avenue One, LLC as an additional insured and shall contain a waiver of subrogation provision as to Agent. 4.7 Owner will indemnify, defend and hold Agent harmless from all claims, proceedings and liability, relating to the property and the management thereof, including, without limitation, claims relating to or arising out of: construction defects, environmental liability, mold or moisture related claims, claims of non-compliance of the property with any law, regulation, ordinance or code provision, claims of property tenants, invitees or vendors, or claims of employees of Owner hired by Agent pursuant to good faith perform its duties under this Agreement. This indemnification includes, without limitation, such claims for personal injury or wrongful death and property damage, as well as reasonable attorney’s fees and costs. However, this indemnity requirement will not apply to the extent a claim arises from the gross negligence or willful misconduct of Agent. Agent’s liability will, in any event, be limited to the amount of fees earned by Agent pursuant to this Agreement. Defense of Agent will be through counsel retained by Owner or Owner’s insurance carrier that is reason- ably acceptable to Agent. 4.8 Owner agrees, as mandated by the Federal Fair Housing Act, and State and Local law, that Avenue One, LLC and its Agents shall not discriminate against any person or refuse to rent or impose different rent terms on a person be- cause of race; color; sex; marital status; parental status; sexual orientation; political ideology; age; creed; religion; an- cestry; national origin; possession or use of a Section 8 certificate; or the presence of a sensory, mental, or physical handicap. 4.9 Any and all late charges collected from tenant will be dispersed 50% to owner, and 50% retained by agent. NSF fees collected from any tenant will be the property of the Agent. 4.10 The Agent may retain one-half of all deposits or xxxxxxx money that are forfeited by applicants on bona fide offers to lease or rent. This is terminate this Agreement as provided in a situation where a tenant agrees to rent a property and issues a holding deposit, and then later decides not to rent the property prior to signing the lease. This holding deposit is retained as liquidated dam- agesSection 18.

MAINTENANCE, REPAIRS AND OPERATIONS. 4.1 5.1 Agent shall use its the best efforts to ensure that the property is maintained in an attractive condition and in a good state of repair. In this regard, agent Agent shall use its best skills and efforts to serve the tenants of the property and shall purchase necessary supplies, make contracts for, or otherwise ensure the maintenance of electricity, gas, water, refuse disposal, pest control and any other utilities or services required for the operation of the property. 4.2 . Agent shall make or cause to be made and supervise necessary repairs and maintenancealterations. Expenditures for such repairs, alterations, maintenance or utility expenditures in excess of $500 500.00 shall not be made without prior written consent of ownerOwner, except in the case of emergency, or if agent Agent in good faith determines that such expenditures are necessary to protect the property from damage, to prevent injury to persons person or loss of life, or to maintain services to tenants. 4.3 In addition to or habitability conditions as may be required by the foregoing, agent shall perform all services that are necessary and proper for the operation and management of the property, and shall report to owner promptly any conditions concerning the property that, in the opinion of agent, require the attention of owner. 4.4 Agent shall have authority to hire, supervise and terminate on behalf of Owner all independent contractorsUtah Fit Premises Act. In the event monthly gross revenues of an “emergency” that must be remedied on an emergency basis to protect the property and maintain habitability, Agent is authorized to make such emergency expenditures as are insufficient necessary, including those in excess of the authorized amount of $500.00. The owner agrees to pay such bear the expense of each repair or expenditure under these provisions plus a service, or maintenance fee of 12% to the Agent. Agent reserves the right to require 50% of estimated costs of repairs prior to work being started. Nothing herein shall be construed to require Agent to advance any monies duefor the care, repair or maintenance of the property. If funds are not available from property revenue for necessary care, repair or maintenance, Owner shall promptly remit upon demand from Agent provide funds for such necessary care, repair or maintenance. If such funds are not provided in that Agent cannot in good faith perform its duties under this Agreement, Agent may terminate this Agreement as provided in Section 18. If funds are requested and not provided to Agent all sums necessary within 3 days, Agent may elect to make such payments. 4.5 Agent shall not be responsible advance monies for the care, repair or liable for any loss, damage, or injury to said property, or any articles maintenance of the property located therein due to any cause whatsoeverfor a one-time, including but not limited to any loss, damage, or injury due to: acts of God; the elements; the freezing or bursting of pipes; defective heating systems; or the negligence or carelessness of any employee, agent, or contractor. Agent shall not be liable or responsible for the performance or nonperformance of any persons hereof or any requirements imposed by any law or ordinance. The responsibility of Avenue One, LLC. shall be limited to collection and accounting of rents, and the undersigned agrees to hold agent harmless from all liability, expense, attorney fees, costs or judgments in connection herewith, and to reimburse agent therefore. 4.6 Agent recommends that owner carry bodily injury, property damage and personal injury public liability insur- ance in limits of not less than $1,000,000 combined single limit coverage or $500,000/$500,000 bodily injury and per- xxxxx injury and property damage insurance. Owner acknowledges that their insurance policy for said property is pri- xxxx and is a “landlord policy”. All insurance policies shall name Avenue One, LLC as an additional insured and shall contain a waiver of subrogation provision as to Agent. 4.7 Owner will indemnify, defend and hold Agent harmless from all claims, proceedings and liability, relating 10% charge to the property and the management thereof, including, without limitation, claims relating to or arising out of: construction defects, environmental liability, mold or moisture related claims, claims of non-compliance of the property with any law, regulation, ordinance or code provision, claims of property tenants, invitees or vendors, or claims of employees of Owner hired by Agent pursuant to this Agreement. This indemnification includes, without limitation, such claims for personal injury or wrongful death and property damage, as well as reasonable attorney’s fees and costs. However, this indemnity requirement will not apply to the extent a claim arises from the gross negligence or willful misconduct of Agent. Agent’s liability will, in any event, be limited to the amount of fees earned by Agent pursuant to this Agreement. Defense of Agent will be through counsel retained by Owner or Owner’s insurance carrier that is reason- ably acceptable to Agent. 4.8 Owner agrees, as mandated by the Federal Fair Housing Act, and State and Local law, that Avenue One, LLC and its Agents shall not discriminate against any person or refuse to rent or impose different rent terms on a person be- cause of race; color; sex; marital status; parental status; sexual orientation; political ideology; age; creed; religion; an- cestry; national origin; possession or use of a Section 8 certificate; or the presence of a sensory, mental, or physical handicap. 4.9 Any and all late charges collected from tenant will be dispersed 50% to owner, and 50% retained by agent. NSF fees collected from any tenant will be the property of the Agent. 4.10 The Agent may retain one-half of all deposits or xxxxxxx money that are forfeited by applicants on bona fide offers to lease or rent. This is in a situation where a tenant agrees to rent a property and issues a holding deposit, and then later decides not to rent the property prior to signing the lease. This holding deposit is retained as liquidated dam- ages.

MAINTENANCE, REPAIRS AND OPERATIONS. 4.1 5.1 Agent shall use its the best efforts to ensure insure that the property is maintained in an attractive condition and in a good state of repair. In this regard, agent Agent shall use its best skills and efforts to serve the tenants of the property and shall purchase necessary supplies, make contracts for, or otherwise ensure the maintenance of electricity, gas, water, refuse disposal, pest control and any other utilities or services required for the operation of the property. 4.2 . Agent shall make or cause to be made and supervise necessary repairs and maintenancealterations. Expenditures for such repairs, alterations, maintenance or utility expenditures in excess of $500 300.00 shall not be made without prior written consent of ownerOwner, except in the case of emergency, or if agent in good faith determines that such expenditures are necessary to protect the property from damage, to prevent injury to persons person or loss of life, or to maintain services to tenants. 4.3 In addition to or habitability conditions as may be required by the foregoing, agent shall perform all services that are necessary and proper for the operation and management of the property, and shall report to owner promptly any conditions concerning the property that, in the opinion of agent, require the attention of owner. 4.4 Agent shall have authority to hire, supervise and terminate on behalf of Owner all independent contractorsUtah Fit Premises Act. In the event monthly gross revenues of an “emergency” that must be remedied on an emergency basis to protect the property and maintain habitability, Agent is authorized to make such emergency expenditures as are insufficient necessary, including those in excess of the authorized amount of $300.00. The owner agrees to pay such bear the expense of each repair or expenditure under these provisions plus a service fee of 10% to the Agent. Agent reserves the right to require 50% of estimated costs of repairs prior to work being started. Nothing herein shall be construed to require Agent to advance any monies duefor the care, repair or maintenance of the property. If funds are not available from property revenue for necessary care, repair or maintenance, Owner shall promptly remit upon demand from Agent provide funds for such necessary care, repair or maintenance. If such funds are not provided in that Agent cannot in good faith perform its duties under this Agreement, Agent may terminate this Agreement as provided in Section 18. 5.2 UTILITIES Owner shall be responsible for all utility expenses incurred on the property. The Owner directs, however, that when leased or rented, the Tenant shall accept responsibility and pay for the following utilities: TENANT WILL PAY and accepts responsibility for the following: ☐ Water ☐ Sewer ☐ Gas ☐ Electricity ☐ Garbage ☐ Other Other: OWNER WILL PAY for and remain responsible for the following utilities. OWNER will submit statements to Agent all sums necessary from reimbursement from the tenant. It is likely that your city will not allow tenants to make such payments. 4.5 Agent shall not put Water, Sewer or Garbage in their name. Therefore, you will need to keep them in your name and forward the invoice to us to collect the funds. ☐ Water ☐ Sewer ☐ Gas ☐ Electricity ☐ Garbage ☐ Other Other: Owner further acknowledges, though, that despite the above, utilities will be responsible maintained at the Owner’s expense if Tenant fails to appropriately pay or liable for any loss, damage, or injury maintain utilities to said property, or any articles ensure the safety of the property located therein due to any cause whatsoever, including but not limited to any loss, damage, or injury due to: acts of God; the elements; the freezing or bursting of pipes; defective heating systems; or the negligence or carelessness of any employee, agent, or contractor. Agent shall not be liable or responsible for the performance or nonperformance of any persons hereof or any requirements imposed by any law or ordinance. The responsibility of Avenue One, LLC. shall be limited to collection and accounting of rents, and the undersigned agrees to hold agent harmless from all liability, expense, attorney fees, costs or judgments in connection herewith, and to reimburse agent therefore. 4.6 Agent recommends that owner carry bodily injury, property damage and personal injury public liability insur- ance in limits of not less than $1,000,000 combined single limit coverage or $500,000/$500,000 bodily injury and per- xxxxx injury and property damage insurance. Owner acknowledges that their insurance policy for said property is pri- xxxx and is a “landlord policy”. All insurance policies shall name Avenue One, LLC as an additional insured and shall contain a waiver of subrogation provision as to Agent. 4.7 Owner will indemnify, defend and hold Agent harmless from all claims, proceedings and liability, relating to the property and the management thereof, including, without limitation, claims relating to or arising out of: construction defects, environmental liability, mold or moisture related claims, claims of non-compliance of the property with any law, regulation, ordinance or code provision, claims of property tenants, invitees or vendors, or claims of employees of Owner hired by Agent pursuant to this Agreement. This indemnification includes, without limitation, such claims for personal injury or wrongful death and property damage, as well as reasonable attorney’s fees and costs. However, this indemnity requirement will not apply to the extent a claim arises from the gross negligence or willful misconduct of Agent. Agent’s liability will, in any event, be limited to the amount of fees earned by Agent pursuant to this Agreement. Defense of Agent will be through counsel retained by Owner or Owner’s insurance carrier that is reason- ably acceptable to Agenthabitability conditions. 4.8 Owner agrees, as mandated by the Federal Fair Housing Act, and State and Local law, that Avenue One, LLC and its Agents shall not discriminate against any person or refuse to rent or impose different rent terms on a person be- cause of race; color; sex; marital status; parental status; sexual orientation; political ideology; age; creed; religion; an- cestry; national origin; possession or use of a Section 8 certificate; or the presence of a sensory, mental, or physical handicap. 4.9 Any and all late charges collected from tenant will be dispersed 50% to owner, and 50% retained by agent. NSF fees collected from any tenant will be the property of the Agent. 4.10 The Agent may retain one-half of all deposits or xxxxxxx money that are forfeited by applicants on bona fide offers to lease or rent. This is in a situation where a tenant agrees to rent a property and issues a holding deposit, and then later decides not to rent the property prior to signing the lease. This holding deposit is retained as liquidated dam- ages.

MAINTENANCE, REPAIRS AND OPERATIONS. 4.1 5.1 Agent shall use its the best efforts to ensure insure that the property is maintained in an attractive condition and in a good state of repair. In this regard, agent Agent shall use its best skills and efforts to serve the tenants of the property and shall purchase necessary supplies, make contracts for, or otherwise ensure the maintenance of electricity, gas, water, refuse disposal, pest control and any other utilities or services required for the operation of the property. 4.2 . Agent shall make or cause to be made and supervise necessary repairs and maintenancealterations. Expenditures for such repairs, alterations, maintenance or utility expenditures in excess of $500 300.00 shall not be made without prior written consent of ownerOwner, except in the case of emergency, or if agent in good faith determines that such expenditures are necessary to protect the property from damage, to prevent injury to persons person or loss of life, or to maintain services to tenants. 4.3 In addition to or habitability conditions as may be required by the foregoing, agent shall perform all services that are necessary and proper for the operation and management of the property, and shall report to owner promptly any conditions concerning the property that, in the opinion of agent, require the attention of owner. 4.4 Agent shall have authority to hire, supervise and terminate on behalf of Owner all independent contractorsUtah Fit Premises Act. In the event monthly gross revenues of an "emergency" that must be remedied on an emergency basis to protect the property and maintain habitability, Agent is authorized to make such emergency expenditures as are insufficient necessary, including those in excess of the authorized amount of $300.00. The owner agrees to pay such bear the expense of each repair or expenditure under these provisions plus a service fee of 10% to the Agent. Agent reserves the right to require 50% of estimated costs of repairs prior to work being started. Nothing herein shall be construed to require Agent to advance any monies duefor the care, repair or maintenance of the property. If funds are not available from property revenue for necessary care, repair or maintenance, Owner shall promptly remit to upon demand from Agent all sums provide funds for such necessary to make care, repair or maintenance. If such paymentsfunds are not provided in that Agent cannot in good faith perform its duties under this Agreement, Agent may terminate this Agreement as provided in Section 18. 4.5 Agent 5.2 UTILITIES Owner shall not be responsible for all utility expenses incurred on the property. The Owner directs, however, that when lease or liable rented, the Tenant shall accept responsibility and pay for any loss, damage, or injury to said property, or any articles of the property located therein due to any cause whatsoever, including but not limited to any loss, damage, or injury due tofollowing utilities: acts of God; TENANT WILL PAY and accepts responsibility for the elements; the freezing or bursting of pipes; defective heating systems; or the negligence or carelessness of any employee, agent, or contractor. Agent shall not be liable or following: OWNER WILL PAY for and remain responsible for the performance or nonperformance of any persons hereof or any requirements imposed by any law or ordinance. The responsibility of Avenue One, LLC. shall be limited to collection and accounting of rentsfollowing utilities, and the undersigned agrees to hold agent harmless payment for utilities may be paid by Agent from all liability, expense, attorney fees, costs or judgments in connection herewith, and to reimburse agent therefore. 4.6 Agent recommends that owner carry bodily injury, property damage and personal injury public liability insur- ance in limits of not less than $1,000,000 combined single limit coverage or $500,000/$500,000 bodily injury and per- xxxxx injury and property damage insurance. Owner acknowledges that their insurance policy rents received for said property is pri- xxxx and is a “landlord policy”. All insurance policies shall name Avenue One, LLC as an additional insured and shall contain a waiver of subrogation provision as to Agent. 4.7 Owner will indemnify, defend and hold Agent harmless from all claims, proceedings and liability, relating to the property and the management thereof, including, without limitation, claims relating to or arising out of: construction defects, environmental liability, mold or moisture related claims, claims of non-compliance on behalf of the property with any law, regulation, ordinance or code provision, claims of property tenants, invitees or vendors, or claims of employees of Owner hired by Agent pursuant to this Agreement. This indemnification includes, without limitation, such claims for personal injury or wrongful death and property damage, as well as reasonable attorney’s fees and costs. However, this indemnity requirement will not apply to the extent a claim arises from the gross negligence or willful misconduct of Agent. Agent’s liability will, in any event, be limited to the amount of fees earned by Agent pursuant to this Agreement. Defense of Agent will be through counsel retained by Owner or Owner’s insurance carrier that is reason- ably acceptable to Agent. 4.8 Owner agrees, as mandated by the Federal Fair Housing Act, and State and Local law, that Avenue One, LLC and its Agents shall not discriminate against any person or refuse to rent or impose different rent terms on a person be- cause of race; color; sex; marital status; parental status; sexual orientation; political ideology; age; creed; religion; an- cestry; national origin; possession or use of a Section 8 certificate; or the presence of a sensory, mental, or physical handicap. 4.9 Any and all late charges collected from tenant will be dispersed 50% to owner, and 50% retained by agent. NSF fees collected from any tenant will be the property of the Agent. 4.10 The Agent may retain one-half of all deposits or xxxxxxx money that are forfeited by applicants on bona fide offers to lease or rent. This is in a situation where a tenant agrees to rent a property and issues a holding deposit, and then later decides not to rent the property prior to signing the lease. This holding deposit is retained as liquidated dam- ages.