LIABILITY OF MANAGEMENT. MANAGEMENT SHALL NOT be liable for any injury or damage to persons or property either caused by or resulting from falling plaster, dampness, appliance malfunction, overflow or leakage (upon or into the PREMISES) of water, rain, snow, ice, sewage, steam, gas, or electricity or by any breakage in or malfunction of pipes, plumbing fixtures, air conditioners, or appliance or leakage, breakage or obstruction of soil pipes, nor for any injury or damage from any other cause, unless any such injury or damage shall be the direct and proximate result of the deliberate or negligent act of MANAGEMENT. RESIDENT shall give prompt notice to MANAGEMENT of any of the foregoing occurrences, however caused. MANAGEMENT SHALL NOT BE LIABLE to RESIDENT, his/her family, employees or guests for any damage to person or property caused by the acts or omissions of the RESIDENTS, or any other persons, nor shall MANAGEMENT be liable for losses or damages resulting from failure, interruption, or malfunctions in the utilities being used by the RESIDENT. If the MANAGEMENT is ever required to pay money or other consideration to RESIDENT, RESIDENT agrees that such financial obligation(s) will be satisfied solely from the Owner’s estate and interest in the PREMISES and real estate upon which the said PREMISES are situated, so that Owner and/or any of the MANAGEMENT Agents will incur no personal or individual liability for such financial obligations whatsoever.
LIABILITY OF MANAGEMENT. Management shall not be liable to a Member or the Company for honest mistakes of judgment, or for action or inaction, taken reasonably and in good faith for a purpose that was reasonably believed to be in the best interests of the Company, or for losses due to such mistakes, action or inaction, or for the negligence, dishonesty or bad faith of any employee, broker or other agent of the Company, but only if such employee, broker or agent was selected, engaged or retained and supervised with reasonable care. Management may consult with counsel and accountants in respect of Company affairs and be fully protected and justified in any action or inaction that is taken in accordance with the advice or opinion of such counsel or accountants, but if, and only if, they shall have been selected with reasonable care. The Members shall look solely to the assets of the Company for the return of their capital and, if the assets of the Company remaining after payment or discharge of the debts and liabilities of the Company are insufficient to return such capital, they shall have no recourse against Management for such purpose. Notwithstanding any of the foregoing to the contrary, the provisions of this Section shall not be construed to relieve (or attempt to relieve) any person of any liability by reason of gross negligence, recklessness or intentional wrongdoing or to the extent (but only to the extent) that such liability may not be waived, modified or limited under applicable law, but shall be construed so as to effectuate the provisions of this Section to the fullest extent permitted by law. This Section shall also apply to the officers, directors, shareholders, partners, members, managers, employees, trustees, agents and other representatives of any entity that is a member of Management.
LIABILITY OF MANAGEMENT. Management shall not be liable for any injury, damage or loss to person or property caused by other Residents or other persons, or caused by theft, vandalism, fire, water, smoke, explosions or other causes unless the same is exclusively due to the omission, fault, negligence or other misconduct of the Management. Failure or delay in enforcing Lease covenants of other Residents shall not be deemed an omission, fault, negligence or other misconduct on the part of the Management. Resident shall defend and indemnify Management from any claim or liability from which Management is hereby exonerated.
LIABILITY OF MANAGEMENT. Except for willful acts or for breaches of duties constituting gross negligence, the Association shall indemnify and hold Union Valley Management harmless from all claims, actions, and damages arising from the performance of its duties under this Agreement. Regardless of the provisions of indemnification set forth herein- above, Union Valley Management shall maintain in force, for the entire term of the Agreement, liability and business insurance, a fidelity bond and such other forms of insurance and bonding as may be herein-after reasonable required by the Board for both Association employees and Union Valley Management employees as designated, in amounts which are approved by the Board, naming the Board as beneficiary and/or obligee as applicable.
LIABILITY OF MANAGEMENT. Management shall not be liable to the Sole Member or the Company for honest mistakes of judgment, or for action or inaction taken in good faith and in a manner such person reasonably believed to be in, or not opposed to, the best interests of the Company, or for losses, damages or claims due to such mistakes, action or inaction, or for the negligence, dishonesty or bad faith of any employee, broker or other agent of the Company, unless a court of competent jurisdiction has made a final determination that such employee, broker or agent was not selected, engaged or retained and supervised with reasonable care. Management may consult with counsel and accountants in respect of Company affairs and shall be fully protected and justified in any action or inaction that is taken in reliance in good faith upon the advice or opinion of such counsel or accountants as to matters such person reasonably believes to be within such counsel’s or accountants’ professional or expert competence. Notwithstanding any of the foregoing to the contrary, the provisions of this Section 12(a) shall not be construed to relieve (or attempt to relieve) any person of any liability by reason of such person’s gross negligence or willful misconduct or to the extent (but only to the extent) that such liability may not be waived, modified or limited under applicable law, but shall be construed so as to effectuate the provisions of this Section 12(a) to the fullest extent permitted by law. This Section 12(a) shall also apply to the officers, directors, shareholders, partners, members, managers, employees, trustees, and agents of any entity that is a member of Management, including, without limitation, the Sole Member.
