Common use of INDEMNIFICATION BY THE OWNER Clause in Contracts

INDEMNIFICATION BY THE OWNER. The Owner shall indemnify and hold harmless the Agent from all liability, claims, damages or loss arising out of the performance of its duties hereunder, and related expenses, including reasonable attorneys' fees, to the extent such liability, claims, damages or losses and related expenses are not fully reimbursed by insurance; provided, however, that the Agent shall be entitled to indemnification, under this Section 17, only if the Agent, in connection with any liability, damages, claim or loss for which it seeks indemnity, acted in a manner which would not constitute gross negligence or willful misfeasance.

Appears in 9 contracts

Samples: Management Agreement (Berkshire Income Realty Inc), Management Agreement (Berkshire Income Realty Inc), Walden Pond (Berkshire Income Realty Inc)

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INDEMNIFICATION BY THE OWNER. The Owner shall indemnify and hold harmless the Agent from all liability, claims, damages or loss arising out of the performance of its duties hereunder, and related expenses, including reasonable attorneys' fees, to the extent such liability, claims, damages or losses and related expenses are not fully reimbursed by insurance; provided, however, that the Agent shall be entitled to indemnification, under this Section 17, only if the Agent, in connection with any liability, damages, claim or loss for which it seeks indemnity, acted in a manner which would not constitute gross negligence or willful wilful misfeasance.

Appears in 8 contracts

Samples: Property Management Agreement (Krupp Cash Plus LTD Partnership), Property Management Agreement (Krupp Cash Plus Ii LTD Partnership), Property Management Agreement (Krupp Cash Plus Ii LTD Partnership)

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INDEMNIFICATION BY THE OWNER. The Owner shall indemnify and hold harmless the Agent from all liability, claims, damages or loss arising out of the performance of its duties hereunder, and related expenses, including reasonable attorneys' fees, to the extent such liability, claims, damages or losses and related Century II 7 expenses are not fully reimbursed by insurance; , provided, however, that the Agent shall be entitled to indemnification, under this Section 17, only if the Agent, in connection with any liability, damages, claim or loss for which it seeks indemnity, acted in a manner which would not constitute gross negligence or willful wilful misfeasance.

Appears in 1 contract

Samples: Management Agreement (Krupp Realty LTD Partnership V)

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