Common use of THE OWNER FURTHER AGREES Clause in Contracts

THE OWNER FURTHER AGREES. 4.1 To indemnify, defend, and save the Agent harmless from all suits in connection with the Premises and from liability for damage to property and injuries to or death of any employee or other person whomsoever, and to carry at his (its) own expense public liability, elevator liability (if elevators are part of the equipment of the Premises), and workmen's compensation insurance naming the Owner and Agent, adequate to protect their interests in form, substance, and amounts reasonably satisfactory to the Agent, and to furnish to the Agent certificates evidencing the existence of such insurance. Unless the Owner shall provide such insurance and furnish such certificate within thirty (30) days from the date of this Agreement, the Agent may, but shall not be obligated to, place said insurance and charge the cost thereof to the account of the Owner. All such insurance policies shall provide that the Agent shall receive thirty (30) days' written notice prior to cancellation of the policy. 4.2 To pay all expenses incurred by the Agent, including, but not limited to, reasonable attorneys' fees and Agent's costs and time in connection with any claim, proceeding, or suit involving an alleged violation by the Agent or the Owner, or both, of any law pertaining to fair employment, fair credit reporting, environmental protection, rent control, taxes, or fair housing, including, but not limited to, any law prohibiting or making illegal, discrimination on the basis of race, sex, creed, color, religion, national origin, or mental or physical handicap; provided, however, that the Owner shall not be responsible to the Agent for any such expenses in the event the Agent is finally adjudicated to have personally, and not in a representative capacity, violated any such law. Nothing contained herein shall obligate the Agent to employ counsel to represent the Owner in any such proceeding or suit, and the Owner may elect to employ counsel to represent the Owner in any such proceeding or suit. The Owner also agrees to pay reasonable expenses (or an apportioned amount of such expenses where other employers of Agent also benefit from the expenditure) incurred by the Agent in obtaining legal advice regarding compliance with any law affecting the premises or activities related thereto. 4.3 To indemnify, defend, and save the Agent harmless from all claims, investigations, and suits, or from actions or failures to act of the Owner, with respect to any alleged or actual violation of state or federal labor laws, it being expressly agreed and understood that as between the Owner and the Agent, all persons employed in connection with the Premises are employees of the Owner, not the Agent. However, it shall be the responsibility of the Agent to comply with all applicable state or federal labor laws. The Owner's obligation under this paragraph 4.3 shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, litigation expenses, and attorneys' fees. 4.4 To give adequate advance written notice to the Agent if the Owner desires that the Agent make payment, out of the proceeds from the premises, or mortgage indebtedness, general taxes, special assessments, or fire, steam boiler, or any other insurance premiums. In no event shall the Agent be required to advance its own money in payment of any such indebtedness, taxes, assessments, or premiums.

THE OWNER FURTHER AGREES. 4.1 To indemnify, defend, defend and save the Agent harmless from all suits in connection with the Premises and from liability for damage to property and injuries to or death of any employee or other person whomsoever, and to carry at his (its) own expense public liability, elevator liability (if elevators are part of the equipment of the Premises), and workmen's compensation insurance naming the Owner and Agent, adequate to protect their interests in form, substance, and amounts reasonably satisfactory to the Agent, and to furnish to the Agent certificates evidencing the existence of such insurance. Unless the Owner shall provide such insurance and furnish such certificate within thirty (30) 30 days from the date of this Agreement, the Agent may, but shall not be obligated to, place said insurance and charge the cost thereof to the account of the Owner. All such insurance policies shall provide that the Agent shall receive thirty (30) days' written notice prior to cancellation of the policy. 4.2 To pay all expenses incurred by the Agent, including, but not limited to, reasonable attorneys' fees and Agent's costs and time in connection with any claim, proceeding, or suit involving an alleged violation by the Agent or the Owner, or both, of any law pertaining to fair employment, fair credit reporting, environmental protection, rent control, taxes, or fair housing, including, but not limited to, any law prohibiting prohibiting, or making illegal, discrimination on the basis of race, sex, creed, color, religion, national origin, or mental or physical handicap; provided, however, that the Owner shall not be responsible to the Agent for any such expenses in the event the Agent is finally adjudicated to have personally, and not in a representative capacity, violated any such law. Nothing contained herein shall obligate the Agent to employ counsel to represent the Owner in any such proceeding or suit, and the Owner may elect to employ counsel to represent the Owner in any such proceeding or suit. The Owner also agrees to pay reasonable expenses (or an apportioned amount of such expenses where other employers of Agent also benefit from the expenditure) incurred by the Agent in obtaining legal advice regarding compliance with any law affecting the premises or activities related thereto. 4.3 To indemnify, defend, and save the Agent harmless from all claims, investigations, and suits, or from actions or failures to act of the Owner, with respect to any alleged or actual violation of state or federal labor laws, it being expressly agreed and understood that as between the Owner and the Agent, all persons employed in connection with the Premises are employees of the Owner, not the Agent. However, it shall be the responsibility of the Agent to comply with all applicable state or federal labor laws. The Owner's obligation under this paragraph 4.3 shall include the payment of all settlements, judgmentsjudgements, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, litigation expensesexpense, and attorneys' fees. 4.4 To give adequate advance written notice to the Agent if the Owner desires that the Agent make payment, out of the proceeds from the premises, or mortgage indebtedness, general taxes, special assessments, or fire, steam boiler, or any other insurance premiums. In no event shall the Agent be required to advance its own money in payment of any such indebtedness, taxes, assessments, or premiums.

THE OWNER FURTHER AGREES. 4.1 To indemnify, defend, and save the Agent harmless from all suits in connection with the Premises and from liability for damage to property and injuries to or death of any employee or other person whomsoever, and to carry at his (its) its own expense public liability, elevator liability (if elevators are part of the equipment of the Premises), and workmen's compensation insurance naming the Owner and Agent, adequate to protect their interests in form, substance, and amounts reasonably satisfactory to the Agent, and to furnish to the Agent certificates evidencing the existence of such insurance. Unless the Owner shall provide such insurance and furnish such certificate within thirty (30) days from the date of this Agreement, the Agent may, but shall not be obligated to, place said insurance and charge the cost thereof to the account of the Owner. All such insurance policies shall provide that the Agent shall receive thirty (30) days' written notice prior to cancellation of the policy. 4.2 To pay all expenses incurred by the Agent, including, but not limited to, reasonable attorneys' fees and Agent's costs and time in connection with any claim, proceeding, or suit involving an alleged violation by the Agent or the Owner, or both, of any law pertaining to fair employment, fair credit reporting, environmental protection, rent control, taxes, or fair housing, including, but not limited to, any law prohibiting or making illegal, discrimination on the basis of race, sex, creed, color, religion, national origin, or mental or physical handicap; provided, however, that the Owner shall not be responsible to the Agent for any such expenses in the event the Agent is finally adjudicated to have personally, and not in a representative capacity, violated any such law. Nothing contained herein shall obligate the Agent to employ counsel to represent the Owner in any such proceeding or suit, and the Owner may elect to employ counsel to represent the Owner in any such proceeding or suit. The Owner also agrees to pay reasonable expenses (or an apportioned amount of such expenses where other employers of Agent also benefit from the expenditure) incurred by the Agent in obtaining legal advice regarding compliance with any law affecting the premises or activities related thereto. 4.3 To indemnify, defend, and save the Agent harmless from all claims, investigations, and suits, or from actions or failures to act of the Owner, with respect to any alleged or actual violation of state or federal labor laws, it being expressly agreed and understood that as between the Owner and the Agent, all persons employed in connection with the Premises are employees of the Owner, not the Agent. However, it shall be the responsibility of the Agent to comply with all applicable state or federal labor laws. The Owner's obligation under this paragraph 4.3 shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, litigation expenses, and attorneys' fees. 4.4 To give adequate advance written notice to the Agent if the Owner desires that the Agent make payment, out of the proceeds from the premises, or mortgage indebtedness, general taxes, special assessments, or fire, steam boiler, or any other insurance premiums. In no event shall the Agent be required to advance its own money in payment of any such indebtedness, taxes, assessments, or premiums.

THE OWNER FURTHER AGREES. 4.1 To indemnify, defend, defend and save the Agent harmless from all suits in connection with the Premises and from liability for damage to property and injuries to or death of any employee or other person whomsoever, and to carry at his (its) own expense public liability, elevator liability (if elevators are part of the equipment of the Premises), and workmen's compensation insurance naming the Owner and Agent, adequate to protect their interests in form, substance, and amounts reasonably satisfactory to the Agent, and to furnish to the Agent certificates evidencing the existence of such insurance. Unless the Owner shall provide such insurance and furnish such certificate within thirty (30) 30 days from the date of this Agreement, the Agent may, but shall not be obligated to, place said insurance and charge the cost thereof to the account of the Owner. All such insurance policies shall provide that the Agent shall receive thirty (30) days' written notice prior to cancellation of the policy. 4.2 To pay all expenses incurred by the Agent, including, but not limited to, reasonable attorneys' fees and Agent's costs and time in connection with any claim, proceeding, or suit involving an alleged violation by the Agent or the Owner, or both, of any law pertaining to fair employment, fair credit reporting, environmental protection, rent control, taxes, or fair housing, including, but not limited to, any law prohibiting prohibiting, or making illegal, discrimination on the basis of race, sex, creed, color, religion, national origin, or mental or physical handicap; , provided, however, that the Owner shall not be responsible to the Agent for any such expenses in the event the Agent is finally adjudicated to have personally, and not in a representative capacity, violated any such law. Nothing contained herein shall obligate the Agent to employ counsel to represent the Owner in any such proceeding or suit, and the Owner may elect to employ counsel to represent the Owner in any such proceeding or suit. The Owner also agrees to pay reasonable expenses (or an apportioned amount of such expenses where other employers of Agent also benefit from the expenditure) incurred by the Agent in obtaining legal advice regarding compliance with any law affecting the premises or activities related thereto. 4.3 To indemnify, defend, and save the Agent harmless from all claims, investigations, and suits, or from actions or failures to act of the Owner, with respect to any alleged or actual violation of state or federal labor laws, it being expressly agreed and understood that as between the Owner and the Agent, all persons employed in connection with the Premises are employees of the Owner, not the Agent. However, it shall be the responsibility of the Agent to comply with all applicable state or federal labor laws. The Owner's obligation under this paragraph 4.3 shall include the payment of all settlements, judgmentsjudgements, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, litigation expensesexpense, and attorneys' fees. 4.4 To give adequate advance written notice to the Agent if the Owner desires that the Agent make payment, out of the proceeds from the premises, or mortgage indebtedness, general taxes, special assessments, or fire, steam boiler, or any other insurance premiums. In no event shall the Agent be required to advance its own money in payment of any such indebtedness, taxes, assessments, or premiums.

THE OWNER FURTHER AGREES. 4.1 To indemnify, defend, defend and save the Agent AGENT harmless from all suits in connection with the Premises and from liability for damage to property and injuries to or death of any employee or other person whomsoever, and to carry at his (its) own expense public liability, elevator liability (if elevators are part of the equipment of the Premises), and workmen's compensation insurance naming the Owner OWNER and AgentAGENT, adequate to protect their interests in form, substance, and amounts reasonably satisfactory to the AgentAGENT, and to furnish to the Agent AGENT certificates evidencing the existence of such insurance. Unless the Owner OWNER shall provide such insurance and furnish such certificate within thirty (30) 30 days from the date of this Agreement, the Agent AGENT may, but shall not be obligated to, place said insurance and charge the cost thereof to the account of the OwnerOWNER. All such insurance policies shall provide that the Agent AGENT shall receive thirty (30) days' written notice prior to cancellation of the policy. 4.2 To pay all expenses incurred by the AgentAGENT, including, but not limited to, reasonable attorneys' fees and AgentAGENT's costs and time in connection with any claim, proceeding, or suit involving an alleged violation by the Agent AGENT or the OwnerOWNER, or both, of any law pertaining to fair employment, fair credit reporting, environmental protection, rent control, taxes, or fair housing, including, but not limited to, any law prohibiting prohibiting, or making illegal, discrimination on the basis of race, sex, creed, color, religion, national origin, or mental or physical handicap; , provided, however, that the Owner OWNER shall not be responsible to the Agent AGENT for any such expenses in the event the Agent AGENT is finally adjudicated to have personally, and not in a representative capacity, violated any such law. Nothing contained herein shall obligate the Agent AGENT to employ counsel to represent the Owner OWNER in any such proceeding or suit, and the Owner OWNER may elect to employ counsel to represent the Owner OWNER in any such proceeding or suit. The Owner OWNER also agrees to pay reasonable expenses (or an apportioned amount of such expenses where other employers of Agent AGENT also benefit from the expenditure) incurred by the Agent AGENT in obtaining legal advice regarding compliance with any law affecting the premises or activities related thereto. 4.3 To indemnify, defend, and save the Agent AGENT harmless from all claims, investigations, and suits, or from actions or failures to act of the OwnerOWNER, with respect to any alleged or actual violation of state or federal labor laws, it being expressly agreed and understood that as between the Owner OWNER and the AgentAGENT, all persons employed in connection with the Premises are employees of the OwnerOWNER, not the AgentAGENT. However, it shall be the responsibility of the Agent AGENT to comply with all applicable state or federal labor laws. The OwnerOWNER's obligation under this paragraph 4.3 shall include the payment of all settlements, judgmentsjudgements, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, litigation expensesexpense, and attorneys' fees. 4.4 To give adequate advance written notice to the Agent AGENT if the Owner OWNER desires that the Agent AGENT make payment, out of the proceeds from the premises, or mortgage indebtedness, general taxes, special assessments, or fire, steam boiler, or any other insurance premiums. In no event shall the Agent AGENT be required to advance its own money in payment of any such indebtedness, taxes, assessments, or premiums.

THE OWNER FURTHER AGREES. 4.1 To indemnify, defend, and save the Agent AGENT harmless from all suits in connection with the Premises and from liability for damage to property and injuries to or death of any employee or other person whomsoever, and to carry at his (itsit’s) own expense public liability, elevator liability (if elevators are part of the equipment of the Premises), and workmen's compensation insurance naming the Owner and Agent, adequate to protect their interests and in form, substance, and amounts reasonably satisfactory to the AgentAGENT, and to furnish to the Agent AGENT certificates evidencing the existence of such insurance. Unless the Owner OWNER shall provide such insurance and furnish such certificate within thirty (30) 30 days from the date of this Agreement, the Agent AGENT may, but shall not be obligated to, place said insurance and charge the cost thereof to the account of the OwnerOWNER. All such insurance policies shall provide that the Agent AGENT shall receive thirty (30) days' ’ written notice prior to cancellation of the policy. 4.2 To pay all expenses incurred by the AgentAGENT, including, but not limited to, reasonable attorneys' ’ fees and Agent's AGENT’s costs and time in connection with any claim, proceeding, or suit involving an alleged violation by the Agent AGENT or the OwnerOWNER, or both, of any law pertaining to fair employment, fair credit reporting, environmental protection, rent control, taxes, or fair housing, including, but not limited to, any law prohibiting prohibiting, or making illegal, discrimination on the basis of race, sex, creed, color, religion, national origin, or mental mantel or physical handicap; , provided, however, that the Owner OWNER shall not be responsible to the Agent AGENT for any such expenses in the event the Agent AGENT is finally adjudicated to have personally, and not in a representative capacity, violated any such law. Nothing contained herein shall obligate the Agent AGENT to employ counsel to represent the Owner OWNER in any such proceeding or suit, and the Owner OWNER may elect to employ counsel to represent the Owner OWNER in any such proceeding or suit, and the OWNER may elect to employ counsel to represent the OWNER in any such proceeding or suit. The Owner OWNER also agrees to pay reasonable expenses (or an apportioned amount of such expenses where other employers of Agent AGENT also benefit from the expenditure) incurred by the Agent AGENT in obtaining legal advice regarding compliance with any law affecting the premises or activities related thereto. 4.3 To indemnify, defend, and save the Agent AGENT harmless from all claims, investigationsinvestigation, and suits, or from actions or failures to act of the OwnerOWNER, with respect to any alleged or actual violation of state or federal labor laws, it being expressly agreed and understood that as between the Owner OWNER and the Agent, all persons employed in connection with the Premises are employees of the Owner, not the AgentAGENT. However, it shall be the responsibility of the Agent AGENT to comply with all applicable state or federal labor laws. The Owner's OWNER’s obligation under this paragraph 4.3 shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, litigation expensesexpense, and attorneys' ’ fees. 4.4 To give adequate advance written notice to the Agent AGENT if the Owner OWNER desires that the Agent AGENT make payment, out of the proceeds from the premises, or of mortgage indebtedness, general taxes, special assessments, or fire, steam boiler, or any other insurance premiums. In no event shall the Agent AGENT be required to advance its own money in payment of any such indebtedness, taxes, assessments, or premiums.

THE OWNER FURTHER AGREES. 4.1 To indemnify, defend, defend and save the Agent harmless from all suits in connection with the Premises and from liability for damage to property and injuries to or death of any employee or other person whomsoever, and to carry at his (its) own expense public liability, elevator liability (if elevators are part of the equipment of the Premises), and workmen's compensation insurance naming the Owner and Agent, adequate to protect their interests in form, substance, and amounts reasonably satisfactory to the Agent, and to furnish to the Agent certificates evidencing the existence of such insurance. Unless the Owner shall provide such insurance and furnish such certificate within thirty (30) days from the date of this Agreement, the Agent may, but shall not be obligated to, place said insurance and charge the cost thereof to the account of the Owner. All such insurance policies shall provide that the Agent shall receive thirty (30) days' written notice prior to cancellation of the policy. 4.2 To pay all expenses incurred by the Agent, including, but not limited to, reasonable attorneys' fees and Agent's costs and time in connection with any claim, proceeding, or suit involving an alleged violation by the Agent or the Owner, or both, of any law pertaining to fair employment, fair credit reporting, environmental protection, rent control, taxes, or fair housing, including, but not limited to, any law prohibiting prohibiting, or making illegal, discrimination on the basis of race, sex, creed, color, religion, national origin, or mental or physical handicap; provided, however, that the Owner shall not be responsible to the Agent for any such expenses in the event the Agent is finally adjudicated to have personally, and not in a representative capacity, violated any such law. Nothing contained herein shall obligate the Agent to employ counsel to represent the Owner in any such proceeding or suit, and the Owner may elect to employ counsel to represent the Owner in any such proceeding or suit. The Owner also agrees to pay reasonable expenses (or an apportioned amount of such expenses where other employers of Agent also benefit from the expenditure) incurred by the Agent in obtaining legal advice regarding compliance with any law affecting the premises or activities related thereto. 4.3 To indemnify, defend, and save the Agent harmless from all claims, investigations, and suits, or from actions or failures to act of the Owner, with respect to any alleged or actual violation of state or federal labor laws, it being expressly agreed and understood that as between the Owner and the Agent, all persons employed in connection with the Premises are employees of the Owner, not the Agent. However, it shall be the responsibility of the Agent to comply with all applicable state or federal labor laws. The Owner's obligation under this paragraph 4.3 shall include the payment of all settlements, judgmentsjudgements, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, litigation expensesexpense, and attorneys' fees. 4.4 To give adequate advance written notice to the Agent if the Owner desires that the Agent make payment, out of the proceeds from the premises, or mortgage indebtedness, general taxes, special assessments, or fire, steam boiler, or any other insurance premiums. In no event shall the Agent be required to advance its own money in payment of any such indebtedness, taxes, assessments, or premiums.

THE OWNER FURTHER AGREES. 4.1 To indemnify, defend, and save the Agent AGENT harmless from all suits in connection with the Premises and from liability for damage to property and injuries to or death of any employee or other person whomsoever, and to carry at his (its) own expense public liability, elevator liability (if elevators are part of the equipment of the Premises), and workmen's compensation insurance naming the Owner OWNER and Agent, AGENT and adequate to protect their interests and in form, substance, and amounts reasonably satisfactory to the AgentAGENT, and to furnish to the Agent AGENT certificates evidencing the existence of such insurance. Unless the Owner OWNER shall provide such insurance and furnish such certificate within thirty (30) 30 days from the date of this the Agreement, the Agent AGENT may, but shall not be obligated to, place said insurance and charge the cost thereof to the account of the OwnerOWNER. All such insurance policies shall provide that the Agent AGENT shall receive thirty (30) days' written notice prior to cancellation of the policy. OWNER shall neither indemnify nor hold AGENT harmless from or against any liability caused by the gross negligence or willful act or omission of AGENT or of any employee of AGENT. 4.2 To pay all expenses incurred by the AgentAGENT, including, but not limited to, reasonable attorneys' fees and AgentAGENT's costs and time in connection with any claim, proceeding, or suit involving an alleged violation by the Agent AGENT or the OwnerOWNER, or both, of any law pertaining to fair employment, fair credit reporting, environmental protection, rent control, taxes, or fair housing, including, but not limited to, to any law prohibiting prohibiting, or making illegal, discrimination on the basis of race, sex, creed, color, religion, religion national origin, or mental or physical handicap; , provided, however, that the Owner OWNER shall not be responsible to the Agent AGENT for any such expenses in the event the Agent AGENT is finally adjudicated to have personally, and not in a representative capacity, violated any such law. Counsel engaged by AGENT shall represent OWNER and AGENT to the extent possible, and if their interests are or become adverse, OWNER shall be notified in writing to obtain counsel to represent OWNER alone. Nothing contained herein shall obligate the Agent AGENT to employ counsel to represent the Owner OWNER in any such proceeding or suit: however, and the Owner may should AGENT elect to employ counsel to represent OWNER, OWNER shall have the Owner in any right to consent to such proceeding or suitemployment. The Owner OWNER also agrees to pay reasonable expenses (or an apportioned amount of such expenses where other employers of Agent AGENT also benefit from the expenditure) incurred by the Agent AGENT in obtaining legal advice regarding compliance with any law affecting the premises or activities related thereto. 4.3 To indemnify, defend, and save the Agent AGENT harmless from all claims, investigations, and suits, or from actions or failures to act of the OwnerOWNER, with respect to any alleged or actual violation of state or federal labor laws, it being expressly agreed and understood that as between the Owner OWNER and the AgentAGENT, all persons employed in connection with the Premises are employees of the OwnerOWNER, not the AgentAGENT. HoweverNotwithstanding the foregoing, it AGENT shall be the responsibility of the Agent to at all times comply with the requirements of all applicable state or federal Federal, State and Local labor laws. The Owner's obligation under this paragraph 4.3 shall include , statutes and regulations in the payment performance of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, litigation expenses, and attorneys' feesAGENT’s duties hereunder. 4.4 To give adequate advance written notice to the Agent if the Owner desires that the Agent make payment, out of the proceeds from the premises, or mortgage indebtedness, general taxes, special assessments, or fire, steam boiler, or any other insurance premiums. In no event shall the Agent be required to advance its own money in payment of any such indebtedness, taxes, assessments, or premiums.

THE OWNER FURTHER AGREES. 4.1 To obtain a policy for public liability insurance including elevator and steam boiler liability endorsements, which policy shall name the Agent as an additional insured. In the event the owner is unable to obtain a public liability insurance policy naming the Agent as an additional insured, or in the event any claim exceeds the policy limits for coverage under such policy for insurance, Owner hereby expressly agrees to indemnify, defend, defend and save hold harmless the Agent harmless from and against any and all suits claims, losses, liabilities, damage, costs and expenses (including without limitation attorney fees and disbursements) from any suit arising from, out of or in connection with the Premises and occupation, maintenance or management of the property including but not limited to liability arising from liability for damage any injury to person or property and injuries to or death as a result of any employee act or other person whomsoever, and to carry at his (its) own expense public liability, elevator liability (if elevators are part omission of the equipment owner, its agents, representatives, employees, subcontractors, invitees or licensees, whether negligent or otherwise, provided, however, that Owner shall in no way be obligated to indemnify, defend and hold harmless the Agent for any act or omission of the Premises), and workmen's compensation insurance naming the Owner and Agent, adequate to protect their interests in form, substance, and amounts reasonably satisfactory to the Agent, and to furnish to or the Agent certificates evidencing the existence of such insurance. Unless the Owner shall provide such insurance and furnish such certificate within thirty (30) days from the date of this AgreementAgent’s agents or employees, the Agent maythat constitutes negligence, but shall not be obligated togross negligence, place said insurance and charge the cost thereof to the account of the Owner. All such insurance policies shall provide that the Agent shall receive thirty (30) days' written notice prior to cancellation of the policyrecklessness or intentional misconduct. 4.2 To pay at his expense, property insurance on the premises to its full insurable value, with Agent added as an additional insured as respects said property. 4.3 To pay all expenses incurred by the Agent, including, but not limited to, reasonable attorneys' fees and Agent's costs and time in connection with any claim, proceeding, or suit involving an all alleged violation violation(s) by the Agent or the Owner, or both, of any law pertaining to fair employment, fair credit reporting, equal opportunity, environmental protection, rent control, taxes, or fair housing, including, but not limited to, any law prohibiting prohibiting, or making illegal, discrimination on the basis of race, sex, creed, color, religion, national origin, or mental or physical handicap; , provided, however, that the Owner shall not be responsible to the Agent for any such expenses in the event the Agent is finally adjudicated to have personally, and not in a representative capacity, violated any such law. Nothing contained herein shall obligate the Agent to employ counsel to represent the Owner in any such proceeding or suit, and the Owner may elect to employ counsel to represent the Owner in any such proceeding or suit. The Owner also agrees to pay reasonable expenses (or an apportioned amount of such expenses where other employers of Agent also benefit from the expenditure) incurred by the Agent in obtaining legal advice regarding compliance with any law affecting the premises or activities related thereto.have 4.3 4.4 To indemnify, defend, and save the Agent harmless from all claims, investigations, and suits, or from actions or failures to act of the Owner, with respect to any alleged or actual violation of on state or federal labor laws, it being expressly agreed and understood that as between the Owner and the Agent, all persons employed by the Agent in connection with the Agent’s management activities for the Premises are employees of the OwnerAgent, not the AgentOwner. HoweverTherefor, it shall be the responsibility of the Agent to comply with all applicable state or federal labor laws. The Owner's obligation under this paragraph 4.3 shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, litigation expensesexpense, and attorneys' feesattorney's fees related to acts or failures to act of the Owner with respect to said state or federal labor laws. 4.4 4.5 To give adequate advance written notice to the Agent if the Owner desires that the Agent make payment, out of the proceeds from the premises, or of mortgage indebtedness, general taxes, special assessments, or fire, steam boiler, or any other insurance premiums. In no event shall the Agent be required to advance its own money in payment of any such indebtedness, taxes, assessments, or premiums.

THE OWNER FURTHER AGREES. 4.1 To indemnify, defend, and save the Agent AGENT harmless from all suits in connection with the Premises and from liability for damage to property and injuries to or death of any employee or other person whomsoever, and to carry at his (its) own OWNER’s expense public liability, elevator liability (if elevators are part of the equipment of the Premises), and workmen's compensation insurance ) naming the Owner OWNER and Agent, the AGENT and adequate to protect their interests and in form, substance, and amounts reasonably satisfactory to the AgentAGENT, and to furnish to the Agent AGENT certificates evidencing the existence of such insurance. Unless the Owner OWNER shall provide such insurance and furnish such certificate within thirty (30) 15 days from the date of this Agreement, the Agent AGENT may, but shall not be obligated to, place said insurance and charge the cost thereof to the account of the OwnerOWNER. All such insurance policies shall provide that the Agent AGENT shall receive thirty (30) days' days written notice prior to cancellation of the policy. 4.2 Owner agrees to add ShipRock Management as an “Additional Insured” to the said premises’ property insurance. Initial 4.3 To pay all expenses incurred by the AgentAGENT, including, but not limited to, reasonable attorneys' ’ fees and Agent's AGENT’s costs and time in connection with any claim, proceeding, or suit involving an alleged violation by of the Agent AGENT or the OwnerOWNER, or both, of any law pertaining to fair employment, fair credit reporting, environmental protection, rent control, taxes, or fair housing, including, but not limited to, any law prohibiting prohibiting, or making illegal, discrimination on the basis of race, sex, creed, color, religion, national origin, or mental or physical handicap; , provided, however, that the Owner OWNER shall not be responsible to the Agent AGENT for any such expenses in the event the Agent AGENT is finally adjudicated to have personally, and not in a representative capacity, violated any such law. Nothing contained herein shall obligate the Agent AGENT to employ counsel to represent the Owner OWNER in any such proceeding or suit, and the Owner OWNER may elect to employ counsel to represent the Owner OWNER in any such proceeding or suit. The Owner also agrees to pay reasonable expenses (or an apportioned amount of such expenses where other employers of Agent also benefit from the expenditure) incurred by the Agent in obtaining legal advice regarding compliance with any law affecting the premises or activities related thereto. 4.3 4.4 To indemnify, defend, and save the Agent AGENT harmless from all claims, investigations, and suits, or from actions or failures to act of the OwnerOWNER, with respect to any alleged or actual violation of state or federal labor laws, it being expressly agreed and understood that as between the Owner OWNER and the AgentAGENT, all persons employed in connection with the Premises are employees of the Owner, OWNER not the AgentAGENT. However, it shall be the responsibility of the Agent AGENT to comply with all applicable state or federal labor laws. The Owner's OWNER’s obligation under this paragraph 4.3 shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, litigation expensesexpense, and attorneys' ’ fees. 4.4 4.5 To give adequate advance written notice to the Agent AGENT if the Owner OWNER desires that the Agent AGENT make payment, payment out of the proceeds from the premisesPremises, or of mortgage indebtedness, general taxes, special assessments, or fire, steam boiler, or any other insurance premiums. In no event shall the Agent AGENT be required to advance its own money in payment of any such indebtedness, taxes, assessments, or premiums.