Common use of Owner’s Duties Clause in Contracts

Owner’s Duties. a. Owner shall promptly perform all of its obligations under this Agreement and all leases, mortgages, deeds of trust, restrictive covenants, condominium documents, and other agreements affecting the Premises. This obligation includes Home Owners Association and other such related interests. b. Owner shall determine the standards by which Tenants shall be selected and the rents and other charges for leases of the Premises. Agent may rely on this information until Owner gives Agent written notice to the contrary; provided that Agent may, from time to time, recommend revised schedules of rents and charges, and Owner will be presumed to have approved any changes recommended by Agent unless Owner gives Agent notice to the contrary within thirty (30) days after Agent sends any such recommended changes. c. Owner shall keep the Premises in compliance with all applicable laws, rules, regulations, and ordinances including laws concerning lead based paint and mold prevention and remediation. d. Owner agrees that the Premises shall be leased without regard the race, color, religion, sex, handicap, e. familial status, national origin, or elderliness of any Tenant, and Owner shall otherwise comply with all fair housing laws applicable to Owner or Agent. f. Owner shall pay all interest required to be paid on security deposits held for tenants, to the extent that the interest Agent receives on such security deposits is insufficient. g. Owner shall maintain and provide Agent evidence of general liability and other insurance with per occurrence limits not less than the Minimum Insurance, covering any and all claims arising from bodily injury, death, or Premises damage for acts and omissions relating to the Premises. All insurance required by this Agreement shall protect Owner and Agent, their employees, servants, and agents, and should name Agent as an additional insured. h. Owner shall pay all expenses of managing, owning, and operating the Premises. Nothing in this Agreement and no course of dealing shall be construed to require Agent to make any payment regarding the Premises out of Agent’s funds, Agent’s sole responsibility being to make any such payment out of such funds of Owner as are available to Agent. i. Owner shall provide Agent with all requested data, records, documents, and information relating to the Premises. j. Owner represents that Owner is the owner of the Premises and has full authority to enter into this Agreement. k. Owner shall deliver property to Agent in a fit and habitable condition, including all required smoke detectors and all other safety equipment as required by law and Agent’s policies. Failure to deliver property to Agent in accordance with these provisions will constitute a breach of this agreement and Agent may avail himself of remedies in #14 (Default).

Owner’s Duties. a. Owner shall promptly perform all of its obligations under this Agreement and all leases, mortgages, deeds of trust, restrictive covenants, condominium documents, and other agreements affecting the Premises. This obligation includes Home Owners Association and other such related interests. b. Owner shall determine the standards by which Tenants shall be selected and the rents and other charges for leases of the Premises. Agent may rely on this information until Owner gives Agent written notice to the contrary; provided that Agent may, from time to time, recommend revised schedules of rents and charges, and Owner will be presumed to have approved any changes charges recommended by Agent unless Owner gives Agent notice to the contrary within thirty seven (307) days after Agent sends any such recommended changes. c. Owner shall keep the Premises in compliance with all applicable laws, rules, regulations, and ordinances including laws concerning lead based paint and mold prevention and remediation. Owner shall keep property in good repair. d. Owner agrees that the Premises shall be leased without regard the to race, color, religion, sex, handicap, e. familial status, national origin, or elderliness of any Tenant, Tenant and Owner shall otherwise comply with all fair housing laws applicable to Owner or Agent. f. Owner shall pay all interest required to be paid on security deposits held for tenants, to the extent that the interest Agent receives on such security deposits is insufficient. g. e. Owner shall maintain and provide Agent evidence of general liability and other insurance with per occurrence limits not less than the Minimum Insurance, covering any and all claims arising from bodily injury, death, or Premises damage for acts and omissions relating to the Premises. All insurance required by this Agreement shall protect both Owner and Agent, their employees, servants, and agents, and should shall name Agent as an additional insured.. EXCLUSIVE RIGHT TO LEASE AGREEMENT – page 2 of 6 INITIALS: h. f. Owner shall pay all expenses of managing, owning, and operating the Premises. Nothing in this Agreement and no course of dealing shall be construed to require Agent to make any payment regarding the Premises out of Agent’s funds, Agent’s sole responsibility being to make any such payment out of such funds of Owner as are available to Agent. i. g. Owner shall provide Agent with all requested data, records, documents, and information relating to the Premises. j. h. Owner represents that Owner is the owner of the Premises and has full authority to enter into this Agreement. k. i. Owner shall deliver property to Agent in a fit and habitable condition, including all required smoke detectors and all other safety equipment and inspections as required by local municipal law and Agent’s policies. Failure to deliver property to Agent in accordance with these provisions will constitute a breach of this agreement and Agent may avail himself of remedies in #14 (Default). j. If the home’s heating system uses natural gas, oil, propane, or other combustible fuel, owner is required to install a carbon monoxide detector. k. Owner represents that the home’s heating system has been recently serviced by a licensed HVAC professional.

Owner’s Duties. a. Owner 4.1 The OWNER shall promptly perform fund all necessary Capital Expenditures, which will be performed by COMPANY under a written change order to this Agreement. Priority shall be given to safety and the ADA related expenses described in Section 2.10. Any loss, damage, or injury resulting from OWNER’s failure to provide capital improvements and/or funds in excess of the Maintenance and Repair Limit when reasonably requested by COMPANY shall be the sole responsibility of OWNER. 4.2 The OWNER shall keep in force all Project warranties, guarantees, easements and licenses that have been granted to OWNER and are not transferred to COMPANY under this Agreement. 4.3 The OWNER shall pay all sales, excise, ad valorem, property, franchise, occupational and disposal taxes, or other taxes associated with the Project other than taxes imposed upon COMPANY’s net income and/or payroll taxes for COMPANY employees. In the event COMPANY is required to pay any sales tax or use taxes on the value of the services provided by COMPANY hereunder or the services provided by any subcontractor of COMPANY, such payments shall be reimbursed by the OWNER unless the OWNER furnishes a valid and properly executed exemption certificate relieving the OWNER and COMPANY of the obligation for such taxes. In the event the OWNER furnishes an exemption certificate which is invalid or not applicable to services by COMPANY, the OWNER shall indemnify COMPANY for any taxes, interest, penalties, and increment costs, expenses or fees which it may incur as a result of COMPANY’s reliance on such certificate. 4.4 The OWNER shall provide COMPANY, within a reasonable time after request and on an “as available” basis, with the temporary use of any piece of OWNER’s heavy equipment that is available so that COMPANY may discharge its obligations under this Agreement in the most cost effective manner. 4.5 OWNER warrants that during the interim period between the initial Project inspection by COMPANY and the Commencement Date, the plants, facilities and equipment have been operated only in the normal course of business, all leases, mortgages, deeds scheduled and proper maintenance have been performed and there are no issues known to OWNER regarding the condition of trust, restrictive covenants, condominium documentsthe Project, and other agreements affecting facilities composing the PremisesProject and/or any equipment used by the Project. This obligation includes Home Owners Association OWNER warrants and other such related interests. b. Owner shall determine agrees that it will turn over the standards by which Tenants shall be selected plants, facilities and the rents equipment to COMPANY in good working order and other charges for leases of the Premises. Agent may rely on this information until Owner gives Agent written notice to the contrary; provided that Agent may, from time to time, recommend revised schedules of rents and charges, and Owner will be presumed to have approved any changes recommended by Agent unless Owner gives Agent notice to the contrary within thirty (30) days after Agent sends any such recommended changes. c. Owner shall keep the Premises in compliance with the NPDES Permit(s) and all other applicable laws, rules, rules and regulations. 4.6 The OWNER shall continue to be responsible and pay for the general administration and enforcement of (i) the water distribution and wastewater collection systems, and ordinances including laws concerning lead based paint (ii) long- term System and mold prevention and remediation. d. Owner agrees that Service Area planning. Typical administration costs associated with the Premises shall be leased without regard above activities include costs such as the raceservices of the auditor, color, religion, sex, handicap, e. familial status, national origin, or elderliness of any Tenantlawyer, and Owner shall otherwise comply with all fair housing laws applicable to Owner or Agentliability insurance. f. Owner shall pay all interest required to be paid on security deposits held for tenants, to the extent that the interest Agent receives on such security deposits is insufficient. g. Owner shall maintain and provide Agent evidence of general liability and other insurance with per occurrence limits not less than the Minimum Insurance, covering any and all claims arising from bodily injury, death, or Premises damage for acts and omissions relating to the Premises. All insurance required by this Agreement shall protect Owner and Agent, their employees, servants, and agents, and should name Agent as an additional insured. h. Owner shall pay all expenses of managing, owning, and operating the Premises. Nothing in this Agreement and no course of dealing shall be construed to require Agent to make any payment regarding the Premises out of Agent’s funds, Agent’s sole responsibility being to make any such payment out of such funds of Owner as are available to Agent. i. Owner shall provide Agent with all requested data, records, documents, and information relating to the Premises. j. Owner represents that Owner is the owner of the Premises and has full authority to enter into this Agreement. k. Owner shall deliver property to Agent in a fit and habitable condition, including all required smoke detectors and all other safety equipment as required by law and Agent’s policies. Failure to deliver property to Agent in accordance with these provisions will constitute a breach of this agreement and Agent may avail himself of remedies in #14 (Default).

Owner’s Duties. a. Owner shall promptly perform all of its obligations under this Agreement and all leases, mortgages, deeds of trust, restrictive covenants, condominium documents, and other agreements affecting the Premises. This obligation includes Home Owners Association and other such related interests. . b. Owner shall determine the standards by which Tenants shall be selected and the rents and other charges for leases of the Premises. Agent may rely on this information until Owner gives Agent written notice to the contrary; provided that Agent may, from time to time, recommend revised schedules of rents and charges, and Owner will be presumed to have approved any changes recommended by Agent unless Owner gives Agent notice to the contrary within thirty (30) days after Agent sends any such recommended changes. recommendedchanges. c. Owner shall keep the Premises in compliance with all applicable laws, rules, ,regulations, and ordinances including laws concerning lead based paint and mold prevention and remediation. d. Owner agrees that the Premises shall be leased without regard the race, color, religion, sex, handicap, e. familial status, national origin, or elderliness of any Tenant, and Owner shall otherwise comply with all fair housing laws applicable to Owner or Agent. f. Owner shall pay all interest required to be paid on security deposits held for tenants, to the extent that the interest Agent receives on such security deposits is insufficient. g. Owner shall maintain and provide Agent evidence of general liability and other insurance with per occurrence limits not less than the Minimum Insurance, covering any and all claims arising from bodily injury, death, or Premises damage for acts and omissions relating to the Premises. All insurance required by this Agreement shall protect Owner and Agent, their employees, servants, and agents, and should name Agent nameAgent as an additional insured. . h. Owner shall pay all expenses of managing, owning, and operating the Premises. Nothing in this Agreement and no course of dealing shall be construed to require Agent to make any payment regarding the Premises out of Agent’s funds, Agent’s sole responsibility being to make any such payment out of such funds of Owner as are available areavailable to Agent. i. Owner shall provide Agent with all requested data, records, documents, and information relating to the Premises. j. Owner represents that Owner is the owner of the Premises and has full authority to enter into this Agreement. k. Owner shall deliver property to Agent in a fit and habitable condition, including all required smoke detectors and all other safety equipment as required by law and Agent’s policies. Failure to deliver property to Agent in accordance with these provisions will constitute a breach of this agreement and Agent may avail himself of remedies ofremedies in #14 (Default).

Owner’s Duties. a. Owner shall promptly perform all of its obligations under this Agreement and all leases, mortgages, deeds of trust, restrictive covenants, condominium documents, and other agreements affecting the Premises. This obligation includes Home Owners Association and other such related interests. b. Owner shall determine the standards by which Tenants shall be selected and the rents and other charges for leases of the Premises. Agent may rely on this information until Owner gives Agent written notice to the contrary; provided that Agent may, from time to time, recommend revised schedules of rents and charges, and Owner will be presumed to have approved any changes recommended by Agent unless Owner gives Agent notice to the contrary within thirty (30) days after Agent sends any such recommended changes. c. Owner shall keep the Premises in compliance with all applicable laws, rules, regulations, and ordinances including laws concerning lead based paint and mold prevention and remediation. d. Owner agrees that the Premises shall be leased without regard the race, color, religion, sex, handicap, e. familial status, national origin, or elderliness of any Tenant, and Owner shall otherwise comply with all fair housing laws applicable to Owner or Agent. f. e. Owner shall pay all interest required to be paid on security deposits held for tenants, to the extent that the interest Agent receives on such security deposits is insufficient. g. f. Owner shall maintain and provide Agent evidence of general liability and other insurance with per occurrence limits not less than the Minimum Insurance, covering any and all claims arising from bodily injury, death, or Premises damage for acts and omissions relating to the Premises. All insurance required by this Agreement shall protect Owner and Agent, their employees, servants, and agents, and should name Agent as an additional insured. h. g. Owner shall pay all expenses of managing, owning, and operating the Premises. Nothing in this Agreement and no course of dealing shall be construed to require Agent to make any payment regarding the Premises out of Agent’s funds, Agent’s sole responsibility being to make any such payment out of such funds of Owner as are available to Agent. i. h. Owner shall provide Agent with all requested data, records, documents, and information relating to the Premises. j. i. Owner represents that Owner is the owner of the Premises and has full authority to enter into this Agreement. k. j. Owner shall deliver property to Agent in a fit and habitable condition, including all required smoke detectors and all other safety equipment as required by law and Agent’s policies. Failure to deliver property to Agent in accordance with these provisions will constitute a breach of this agreement and Agent may avail himself of remedies in #14 (Default).