Standard of Care; Manager's Liability. The Manager shall have no ------------------------------------- liability to the Owner for any errors of judgment, or any mistakes of fact or of law, made in a good faith effort to perform and carry out the Manager's responsibilities under this Agreement, unless the Manager has failed to exercise that degree of care and skill which a reasonable and diligent businessman in the Manager's profession would exercise in transactions of a similar nature for his own account, provided, of course, that sufficient funds are made available by the Owner for the performance of the Manager's responsibilities.
Appears in 4 contracts
Samples: Development Agreement (Wells Real Estate Investment Trust Inc), Development Agreement (Wells Real Estate Investment Trust Inc), Development Agreement (Wells Real Estate Fund Ix Lp)