OWNER FURTHER AGREES Clause Samples
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OWNER FURTHER AGREES. 4.1 To indemnify, defend, protect, save and hold the Property Manager and all of its affiliates, shareholders, officers, directors, employees, agents, SubProperty Managers, successors and assigns (collectively, “Indemnified Parties”) harmless from any and all claims, causes of action, demands, suits, proceedings, loss, judgments, damage, awards, liens, fines, costs, attorneys’ fees and expenses, of every kind and nature whatsoever (collectively, “Losses”) in connection with or in any way related to the Premises and from liability for damage to the Premises and injuries to or death of any person whomsoever, and damage to property; provided, however, that any indemnification pursuant to this Section 4.1 shall not extend to any such Losses arising out of the negligence or misconduct of the Property Manager or any of the other Indemnified Party. Owner agrees to procure and pay for, at its own expense, public liability insurance, fire and extended coverage insurance, burglary and theft insurance, rental interruption insurance, flood insurance (if appropriate) and boiler insurance (if appropriate) naming Owner and the Property Manager as insured parties and adequate to protect their respective interests and in form, substance, and amounts reasonably satisfactory to the Property Manager, and to furnish to the Property Manager certificates and policies evidencing the existence of this insurance. The premiums for all insurance maintained by Owner shall be paid by either Owner directly or, provided sufficient Gross Income is available, by the Property Manager from Gross Income. Unless Owner shall provide insurance and furnish certificates and policies within ten (10) days from the date of this Agreement, the Property Manager may, in its sole discretion, but shall not be obligated to, purchase insurance and charge the cost thereof to the account of Owner. All insurance policies shall provide that the Property Manager shall receive thirty (30) days’ written notice prior to cancellation of the policy. The Property Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing that it may do or refrain from doing, except in cases of negligence or misconduct on the part of the Property Manager.
4.2 Owner hereby warrants and represents to the Property Manager that to the best of Owner’s knowledge, neither the Premises, nor any part thereof, has previously been or is presently being used to treat, deposit, store, dispose of or pla...
OWNER FURTHER AGREES. 4.1 To indemnify, defend, protect, save and hold the Property Manager and all of its affiliates, shareholders, officers, directors, employees, agents, SubProperty Managers, successors and assigns (collectively, “Indemnified Parties”) harmless from any and all claims, causes of action, demands, suits, proceedings, loss, judgments, damage, awards, liens, fines, costs, attorneys’ fees and expenses, of every kind and nature whatsoever (collectively, “Losses”) in connection with or in any way related to the Premises and from liability for damage to the Premises and injuries to or death of any person whomsoever, and damage to property; provided, however, that any indemnification pursuant to this Section 4.1 shall not extend to any such Losses arising out of the negligence or misconduct (such unlawfulness having been adjudicated by a court of proper jurisdiction) of the Property Manager or any of the other Indemnified Parties. Owner agrees to procure and carry at its own expense public liability insurance, fire and extended coverage insurance, burglary and theft insurance, rental interruption insurance, flood insurance (if appropriate) and boiler insurance (if appropriate) naming Owner and the Property Manager as insureds and adequate to protect their interests and in form, substance, and amounts reasonably satisfactory to the Property Manager, and to furnish to the Property Manager certificates and policies evidencing the existence of this insurance. The premiums for all insurance maintained by Owner shall be paid by either Owner directly or, provided sufficient Gross Income is available, by the Property Manager from Gross Income. Unless Owner shall provide insurance and furnish certificates and policies within ten (10) days from the date of this Agreement, the Property Manager may, in its sole discretion, but shall not be obligated to, purchase insurance and charge the cost thereof to the account of Owner. All insurance policies shall provide that the Property Manager shall receive thirty (30) days’ written notice prior to cancellation of the policy. The Property Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing that it may do or refrain from doing, except in cases of negligence or misconduct on the part of the Property Manager (such unlawfulness having been adjudicated by a court of proper jurisdiction).
4.2 Owner hereby warrants and represents to the Property Manager that to the best of Owner’s knowledge...
OWNER FURTHER AGREES. 4... to deliver the premises in a fit and habitable condition by 2:00 PM of the first day of this lease or reduce the rent on a pro- rata basis until possession is possible. If premises remain uninhabitable after 5 working days Tenant has option to void lease.
5... to maintain building exteriors, grounds, lighting fixtures, shrubs and grass, and remove snow from sidewalks. Maintain premises in accordance with local building and housing codes materially affecting health and safety. Promptly repair all electrical, plumbing, sanitary, heating, ventilating and air-conditioning systems. Replace dead smoke detector batteries and fluorescent bulbs at no charge to Tenant. Telephone ▇▇▇▇ maintenance is the responsibility of Tenant.
6... to not abuse the right of access or use it to harass the Tenant. Except in case of emergency or if it is impractical or impossible to do so, the Owner shall give reasonable notice of his intent to enter and may enter only at reasonable times.
7... to inspect premises prior to occupancy by Tenant and note repairs to be made and existing conditions affecting application of Security and Damage Deposit.
8... to refund to Tenant within forty-five (45) days after expiration of the term of this Agreement any security deposit, provided that Tenant has fully and faithfully complied with every provision, covenant, and condition of this lease and has thoroughly cleaned premises and surrendered possession of premises in good condition and substantial repair; normal wear and tear excepted. Security deposit is not to be applied to rental payments at any time during the term of this lease or any renewals thereof. If there is more than one name on the lease, Owner will divide said refund equally between lessees of record at time of lease expiration unless directed by them in writing to do otherwise, and will mail refund checks to addresses submitted by Tenant in writing at the time premises are vacated and keys returned. If no forwarding address is submitted, Owner will mail any refund to last known address for forwarding.
OWNER FURTHER AGREES a) To hold Agent harmless from liability or loss arising out of damage suits in connection with the management of the Premises and from liability or loss arising out of a claim made by any tenant, vendor, employee or any other person. Owner shall, at all times, maintain, at his sole expense, liability insurance adequate to protect the interests of the parties hereto, which insurance shall be written in such a way to protect the Agent in the same manner and to the same extent that it protects the Owner, and which policies therefore shall name Agent as an additional insured. The Agent also shall not be liable for any error of judgment or for any mistake of fact or law, or for anything which he may do or refrain from doing hereinafter, except in cases of willful misconduct or gross negligence.
b) In the event the Premises are to be sold by Owner during the period of this Agreement, Maxim 4000, LLC shall be notified before the Premises are listed in order to discuss the best course of action. If the Premises are listed with another company, Agent shall have the option of terminating this management agreement. If the term of the management agreement has not been completed, management fees to complete the term will be paid from rent proceeds on the final report from Agent to the Owner.
c) A Referral Commission of 20% of the paid real estate sale brokerage commission shall be paid to Agent should any tenant procured by Agent purchase the property during this agreement or within 12 months after its termination.
OWNER FURTHER AGREES. The Owner shall indemnify, defend and hold Agent harmless from and against any and all debts, claims, demands, lawsuits, regulatory proceedings and all damages, costs (including without limitation, settlement costs) and expenses (including, without limitation, reasonable attorney’s fees, expert fees, legal costs and arbitrator fees) (Claims) brought by tenants, contractors, or third parties arising from, or relating to, the tenants, the Property or this Agreement except for claims arising out of Agent’s gross negligence or intentional malfeasance and misconduct. Agent shall not incur any liability for bankruptcy or failure of the depository where the property Account of Cost Deposit is maintained. Owner shall carry, at Owner’s own expense, an insurance policy covering the Property which expressly permits the leasing of the Property to third party residential tenants (covering all claims made by said tenants and their guests, invitees and licensees) and other insurances to adequately protect the interest of he Parties to this Agreement.
OWNER FURTHER AGREES. (a) To indemnify and hold BROKER harmless from any and all costs, expenses, attorney fees, and damages from, or arising out of, the management of the property by BROKER, or the performance or exercise of any of the duties, obligations, powers, or authorities granted in this Agreement, except where legally due to the negligent or intentional misconduct of the BROKER.
(b) To carry, at OWNER’S expense, bodily injury, property damage, and public liability insurance with customary limits for like property. The policy will be written on a comprehensive general liability form and OWNER’S policy will name the BROKER as an additional insured; a certificate of insurance will be furnished to BROKER on demand. To assume full responsibility for the payment of any expenses and obligations incurred in connection with the exercise of BROKER’S duties set forth in this Agreement.
(c) OWNER understands they are responsible for all vendors of services and products whose services were ordered by the BROKER on their behalf.
(d) To authorize the placement of a lock box on the property at BROKER’S option, to facilitate leasing the property.
(e) OWNER understands that when BROKER is not able to locate OWNER or get a reasonably timely response after a due-diligence effort by BROKER to reach OWNER for input on a subject, OWNER is granting BROKER consent to make decisions regarding the property or tenant based on BROKER’S experience.
(f) OWNER understands that upon written notice to cancel this agreement by either party, all invoices pending must be paid by OWNER before any funds are released to the OWNER.
(g) OWNER understands that upon notice to cancel this agreement by either party, all invoices pending must be paid by OWNER before any funds are released to the OWNER
(h) BROKER to deposit all receipts collected for OWNER in a BROKER’S Trust Bank Account in an Arizona State Banking Institution qualified to engage in the banking business, separate from BROKER’S personal account.
OWNER FURTHER AGREES to deliver the premises in a fit and habitable condition by 2:00 PM of the first day of this lease or reduce the rent on a pro- rata basis until possession is possible. If premises remain uninhabitable after 5 working days Tenant has option to void lease.
OWNER FURTHER AGREES a) to provide AGENT with a copy of fire and liability insurance policies in force and, if OWNER deems it necessary, to provide coverage for water damage or other coverage the OWNER deems
b) to indemnify, defend, and save the AGENT harmless from all suits in connection with the PROPERTY (unless AGENT has acted in a negligent manner) and from liability for damage to property and injuries to or death of any persons whomsoever, and to carry at OWNER’S expense an Owner Landlord Tenant (OLT) liability insurance policy with a minimum liability coverage of
c) to pay all expenses incurred by the AGENT, including without limitation attorney’s fees for counsel employed to represent the AGENT or the OWNER in any proceeding or suit involving an alleged violation by the AGENT or OWNER, or both, of any constitutional provision, statute, ordinance, law, or regulation of any governmental body pertaining to the Federal Fair Credit Reporting Act, environmental protection, or fair housing, including without limitation, those prohibiting or making origin in the sale, rental, or other disposition of housing any services rendered in connection therewith (unless the AGENT is finally adjudicated to have personally and not in a representative capacity violated such constitutional provision, statute, ordinance, law, or regulation) but nothing herein contained shall require the AGENT to employ counsel to represent OWNER in any such proceeding or suit.
d) The AGENT assumes no liability for any acts or omissions of the OWNER, or previous OWNERS or previous management or other AGENTS of either. The AGENT assumes no liability for failure of or default by any tenant in the payment of any rent or other charges due the OWNER or in the performance of any obligations owed by tenant to the OWNER pursuant to any lease or otherwise. Nor does the AGENT assume any liability for previously unknown violations of environmental or other regulations which may become known during this Agreement. Any such regulatory violations or hazards discovered by the AGENT shall be brought to the attention of the OWNER and the OWNER shall promptly cure them.
e) that the AGENT shall not be held liable in the event of bankruptcy or failure to the depository bank or loan association where the monies due the OWNER are deposited in the fiduciary account. AGENT will keep such deposits in federally insured depository in the State of Virginia in accordance with Virginia Law.
f) that the Agent and/or Tenant(s) assume no fina...
OWNER FURTHER AGREES