Common use of OWNER FURTHER AGREES Clause in Contracts

OWNER FURTHER AGREES. 4.1 To indemnify, defend, protect, save and hold the Property Manager and all of its affiliates, shareholders, officers, directors, employees, agents, SubProperty Managers, successors and assigns (collectively, “Indemnified Parties”) harmless from any and all claims, causes of action, demands, suits, proceedings, loss, judgments, damage, awards, liens, fines, costs, attorneys’ fees and expenses, of every kind and nature whatsoever (collectively, “Losses”) in connection with or in any way related to the Premises and from liability for damage to the Premises and injuries to or death of any person whomsoever, and damage to property; provided, however, that any indemnification pursuant to this Section 4.1 shall not extend to any such Losses arising out of the negligence or misconduct (such unlawfulness having been adjudicated by a court of proper jurisdiction) of the Property Manager or any of the other Indemnified Parties. Owner agrees to procure and carry at its own expense public liability insurance, fire and extended coverage insurance, burglary and theft insurance, rental interruption insurance, flood insurance (if appropriate) and boiler insurance (if appropriate) naming Owner and the Property Manager as insureds and adequate to protect their interests and in form, substance, and amounts reasonably satisfactory to the Property Manager, and to furnish to the Property Manager certificates and policies evidencing the existence of this insurance. The premiums for all insurance maintained by Owner shall be paid by either Owner directly or, provided sufficient Gross Income is available, by the Property Manager from Gross Income. Unless Owner shall provide insurance and furnish certificates and policies within ten (10) days from the date of this Agreement, the Property Manager may, in its sole discretion, but shall not be obligated to, purchase insurance and charge the cost thereof to the account of Owner. All insurance policies shall provide that the Property Manager shall receive thirty (30) days’ written notice prior to cancellation of the policy. The Property Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing that it may do or refrain from doing, except in cases of negligence or misconduct on the part of the Property Manager (such unlawfulness having been adjudicated by a court of proper jurisdiction).

OWNER FURTHER AGREES. 4.1 5.1 To indemnifyprotect, defend, protect, save indemnify and hold harmless the Property Manager Manager, its affiliates and all each of its affiliates, shareholders, their respective officers, directors, managers, members and employees, agents, SubProperty Managers, successors from and assigns (collectively, “Indemnified Parties”) harmless from against any and all claims, causes of action, demands, suits, proceedings, loss, judgments, damage, awards, liens, fines, costs, attorneys’ fees and expenses, of every kind and nature whatsoever (collectively, “Losses”) Claims in connection with or in any way related to the Premises or arising out of the performance by the Property Manager of its obligations and from liability for damage to duties hereunder in accordance with the Premises and injuries to or death of any person whomsoever, and damage to propertyterms hereof; provided, however, that any indemnification pursuant to this Section 4.1 for the avoidance of doubt, the Owner shall not extend be obligated to indemnify the Property Manager from any such Losses Claims arising out of the negligence or misconduct relating to (such unlawfulness having been adjudicated by a court of proper jurisdictionA) any act or omission of the Property Manager or any of its agents, officers, employees or representatives which act or omission is negligent or misconduct, in breach of this Agreement or the Management Agreement or outside the scope of the Property Manager’s authority as provided herein or (B) any of the Property Manager employee-related Claims, including, but not limited to, Claims of discrimination, sexual harassment, other Indemnified Partiesharassment, non-promotion, non-hire, wrongful termination or retaliation. Owner agrees to procure procure, with assistance from the Property Manager, and carry pay for, at its own expense Owner’s expense, public liability insurance, fire and extended coverage insurance, burglary and theft insurance, rental interruption insurance, flood insurance (if appropriate) and boiler insurance (if appropriate) naming Owner and the Property Manager as insureds insured parties and adequate to protect their respective interests and in form, substance, and amounts reasonably satisfactory to the Property Manager, and to furnish (with the assistance of the Property Manager or its affiliates), if requested, to the Property Manager Manager, certificates and policies evidencing the existence of this insurance. The premiums for all insurance maintained by Owner shall be paid by either Owner directly or, provided sufficient Gross Income is available, by the Property Manager from Gross Income. Unless Owner shall provide such insurance and furnish such certificates and policies within ten (10) days from after the date of this AgreementProperty Manager’s request (provided that Property Manager or its affiliates cooperates in furnishing such certificates and policies), the Property Manager may, in its sole discretion, but shall not be obligated to, purchase such insurance and charge the cost thereof to the account of Owner. All insurance policies shall provide that the Property Manager shall receive thirty (30) days’ written notice prior to cancellation of the policy. The Property Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing that it may do or refrain from doing, except in cases of negligence or misconduct on the part of the Property Manager (such unlawfulness having been adjudicated by a court of proper jurisdiction)Manager.

OWNER FURTHER AGREES. 4.1 To indemnify, defend, protect, save and hold the Property Manager and all of its affiliates, shareholders, officers, directors, employees, agents, SubProperty Managers, successors and assigns (collectively, “"Indemnified Parties”") harmless from any and all claims, causes of action, demands, suits, proceedings, loss, judgments, damage, awards, liens, fines, costs, attorneys’ ' fees and expenses, of every kind and nature whatsoever (collectively, “"Losses”") in connection with or in any way related to the Premises and from liability for damage to the Premises and injuries to or death of any person whomsoever, and damage to property; provided, however, that any indemnification pursuant to this Section SECTION 4.1 shall not extend to any such Losses arising out of the negligence willful misconduct, gross negligence, malfeasance or misconduct unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction) of the Property Manager or any of the other Indemnified Parties. Owner agrees to procure and carry at its own expense public liability insurance, fire and extended coverage insurance, burglary and theft insurance, rental interruption insurance, flood insurance (if appropriate) and boiler insurance (if appropriate) naming Owner and the Property Manager as insureds and adequate to protect their interests and in form, substance, and amounts reasonably satisfactory to the Property Manager, and to furnish to the Property Manager certificates and policies evidencing the existence of this insurance. The premiums for all insurance maintained by Owner shall be paid by either Owner directly or, provided sufficient Gross Income is available, by the Property Manager from Gross Income. Unless Owner shall provide insurance and furnish certificates and policies within ten (10) days from the date of this Agreement, the Property Manager may, in its sole discretion, but shall not be obligated to, purchase insurance and charge the cost thereof to the account of Owner. All insurance policies shall provide that the Property Manager shall receive thirty (30) days’ ' written notice prior to cancellation of the policy. The Property Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing that it may do or refrain from doing, except in cases of negligence willful misconduct, gross negligence, malfeasance or misconduct on the part of the Property Manager unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction).

OWNER FURTHER AGREES. 4.1 To indemnify, defend, protect, save and hold the Property Manager and all of its affiliates, shareholders, officers, directors, employees, agents, SubProperty Managers, successors and assigns (collectively, “"Indemnified Parties”") harmless from any and all claims, causes of action, demands, suits, proceedings, loss, judgments, damage, awards, liens, fines, costs, attorneys’ ' fees and expenses, of every kind and nature whatsoever (collectively, “"Losses”") in connection with or in any way related to the Premises and from liability for damage to the Premises and injuries to or death of any person whomsoever, and damage to property; providedPROVIDED, howeverHOWEVER, that any indemnification pursuant to this Section SECTION 4.1 shall not extend to any such Losses arising out of the negligence willful misconduct, gross negligence, malfeasance or misconduct unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction) of the Property Manager or any of the other Indemnified Parties. Owner agrees to procure and carry at its own expense public liability insurance, fire and extended coverage insurance, burglary and theft insurance, rental interruption insurance, flood insurance (if appropriate) and boiler insurance (if appropriate) naming Owner and the Property Manager as insureds and adequate to protect their interests and in form, substance, and amounts reasonably satisfactory to the Property Manager, and to furnish to the Property Manager certificates and policies evidencing the existence of this insurance. The premiums for all insurance maintained by Owner shall be paid by either Owner directly or, provided sufficient Gross Income is available, by the Property Manager from Gross Income. Unless Owner shall provide insurance and furnish certificates and policies within ten (10) days from the date of this Agreement, the Property Manager may, in its sole discretion, but shall not be obligated to, purchase insurance and charge the cost thereof to the account of Owner. All insurance policies shall provide that the Property Manager shall receive thirty (30) days’ ' written notice prior to cancellation of the policy. The Property Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing that it may do or refrain from doing, except in cases of negligence willful misconduct, gross negligence, malfeasance or misconduct on the part of the Property Manager unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction).