Common use of Compliance with Laws and Contracts Clause in Contracts

Compliance with Laws and Contracts. Manager shall use its best reasonable efforts to comply with, and cause the Property to be kept, maintained, used and occupied in compliance with, the following (as now in effect or as may hereafter be in effect) which relate to or affect the Property, the operation or management of the Property or Owner's interest in the Property (collectively the "Requirements"): (a) any and all orders, regulations or requirements affecting the Property of any federal, state, county or municipal authority having jurisdiction thereover, and orders of the Board of Fire Underwriters or other similar bodies, (b) all present and future covenants and restrictions whether or not of record, use permits and development agreements, which may be applicable to the Property and/or its operating and management (including, without limitation, laws, ordinances, rules, regulations, requirements, leases, covenants, and restrictions prohibiting restraint of trade, or discrimination whether on the basis of race, creed, color, national origin, age, sex, marital status, or otherwise); (c) any direction or occupancy certificate issued pursuant to any law, regulation or rule by any public officer; (d) the terms and conditions of any mortgage or deed of trust so long as copies of all or relevant portions of such documents have been provided to Manager; and (e) the provisions of any insurance policy or policies insuring Owner's interest in the Property (so as to not affect the insurance coverage or increase the premium rate therefor). If Owner contests any of the above Requirements, Manager shall participate in such contest to the extent requested by Owner; however, the actual cost of any reasonable travel or out of pocket expenses incurred by Manager shall be borne by Owner. Such participation shall include, without limitation, coordinating such contests with Owner's counsel, without additional cost to Owner. Manager shall not comply with any such Requirement if Owner directs Manager in writing not to comply. So long as Manager has provided full disclosure to Owner of the facts relevant to the noncompliance with any Requirement, Owner agrees to indemnify, defend and hold Manager harmless from any and all direct liability, loss, cost, expense or claim to any third party as a result of Manager's failure to comply with any Requirement at the express written direction of Owner. Manager shall obtain, as an expense of the Property, any business license and/or operating permit which may be required for the operation of the Property. This does not include any license required by Manager to perform the services set forth herein.

Appears in 6 contracts

Samples: Property Management and Leasing Agreement (Balcor Equity Properties Xii), Management and Leasing Agreement (Balcor Realty Investors 85 Series I), Management and Leasing Agreement (Balcor Realty Investors 84)

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Compliance with Laws and Contracts. Manager shall use its best reasonable good faith efforts to comply with, and cause the Property Project to be kept, maintained, used and occupied in compliance with, the following (as now in effect or as may hereafter be in effect) which relate to or affect the PropertyProject, the operation or management of the Property Project or Owner's interest in the Property Project (collectively the "Requirements"): (a) any and all orders, regulations or requirements affecting the Property Project of any federal, state, county or municipal authority having jurisdiction thereoverthere over, and orders of the Board of Fire Underwriters or other similar bodies, ; (b) all present and future covenants and restrictions whether or not of record, use permits and development agreements, which may be applicable to the Property Project and/or its operating and management (including, without limitation, laws, ordinances, rules, regulations, requirements, leases, covenants, and restrictions prohibiting restraint of trade, or discrimination whether on the basis of race, creed, color, national origin, age, sex, marital status, or otherwise); (c) any direction or occupancy certificate issued pursuant to any law, regulation or rule by any public officer; (d) the terms and conditions of any mortgage or deed of trust so long as copies of all or relevant portions of such documents have been provided to Managertrust; and (e) the provisions of any insurance policy or policies insuring Owner's interest in the Property Project (so as to not affect the insurance coverage or increase the premium rate therefor). If Owner contests any of the above Requirements, Manager shall participate in such contest to the extent requested by Owner; however, the actual cost of any reasonable travel or out of pocket expenses incurred by Manager shall be borne by Owner. Such participation shall include, without limitation, coordinating such contests with Owner's counsel, without additional cost to Owner. Manager shall not comply with any such Requirement if Owner directs Manager in writing not to comply. So long as Manager has provided full disclosure to Owner of the facts relevant to the noncompliance with any Requirement, and Owner agrees to indemnify, defend and hold Manager harmless from any and all direct liability, loss, damages, actions, causes of action, cost, expense (including, without limitation, court costs and reasonable attorney's fees) or claim to any third party as a result of Manager's failure to comply with any Requirement at the express written direction of Owner. Manager shall obtain, as an expense of the PropertyProject, any business license and/or operating permit which may be required for the operation of the Property. This does not include any license required by Manager to perform the services set forth hereinProject.

Appears in 1 contract

Samples: Agreement (NTS Mortgage Income Fund)

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