THE OWNER FURTHER AGREES Clause Samples
The "THE OWNER FURTHER AGREES" clause sets out additional commitments or responsibilities that the owner undertakes beyond those already specified in the agreement. Typically, this clause details further actions the owner must perform, such as providing access to the property, supplying necessary information, or cooperating with the contractor or service provider. By clearly outlining these supplementary obligations, the clause helps ensure that all parties understand the owner's role in facilitating the successful completion of the contract, thereby reducing the risk of misunderstandings or disputes.
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 ...
THE OWNER FURTHER AGREES. 4.1 To indemnify, defend, protect, save and hold the MANAGER and all of its shareholders, officers, directors, employees, agents, Submanagers, 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, attorney's 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 such indemnification shall not extend to any such Losses arising out of the willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction) of 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 the OWNER and the MANAGER as insureds and adequate to protect their interests and in form, substance, and amounts reasonably satisfactory to the MANAGER, and to furnish to the MANAGER certificates and policies evidencing the existence of such insurance. The premiums for all such insurance maintained by the OWNER shall be paid by either the OWNER directly or, provided sufficient Gross Income is available, by the MANAGER from such Gross Income. Unless the OWNER shall provide such insurance and furnish such certificate and policy within ten (l0) days from the date of this Agreement, the MANAGER may, in its sole discretion, 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 MANAGER shall receive thirty (30) days' written notice prior to cancellation of the policy. MANAGER shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing which it may do or refrain from doing, except in cases of willful misconduct, gross negligence and/or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction).
4.2 OWNER hereby warrants and represents to MANAGER that to the best of OWNER'S knowledge, neither the Premises, nor any part thereof, has previously been or is pres...
THE OWNER FURTHER AGREES to indemnify and hold the Property Manager harmless from and against any and all damage claims or litigation in connection with the management of the Rental Property and from any claims of liability or litigation in connection with injury suffered or claimed by any person whomsoever in connection with the Rental Property, including, but not limited to actual legal fees incurred in the defense of same. The Owner further agrees to maintain, at the Owners expense, sufficient property damage and liability insurance, in such amounts as shall be acceptable to the Property Manager, which acceptance shall not be unreasonably withheld, and to add the Property Manager as an additional insured on said policies of insurance. The Owner shall furnish a declarations page of said insurance to the Property Manager upon request to verify compliance.
THE OWNER FURTHER AGREES. 4.1 PROPERTY MANAGER, at its sole expense, shall purchase and keep in force the types and amounts of insurance listed below written by companies licensed in the state where PROPERTY MANAGER is domiciled and having an A.M. Best rating of B+ and policyholders’ surplus of $25,000,000 or better. Required insurance:
(a) Commercial general liability, contractual liability, personal and advertising injury with a minimum limit of $1,000,000 per occurrence and $2,000,000 general aggregate;
(b) Commercial automobile liability with a minimum limit of $1,000,000 if applicable;
(c) Catastrophe (umbrella) liability insurance with a minimum of $2,000,000 for each occurrence; and
(d) Workers’ Compensation as per the statutory requirements and employer’s liability in the amount of $500,000. The PROPERTY MANAGER shall, at its expense, obtain and maintain for the duration of this Agreement a fidelity bond, or crime insurance, in the amount of $1,000,000, with a deductible no greater than $100,000 to be written by companies licensed in the state where PROPERTY MANAGER is domiciled and having an A.M. Best rating of B+ and policyholders’ surplus of $25,000,000 or better. The OWNER shall, at its expense, obtain and maintain for the duration of this Agreement, general liability insurance on the Premises, which includes the PROPERTY MANAGER as an insured. The policy shall be written by a company licensed in the State of Illinois having an A.M. Best rating of B+ and policyholders’ surplus of $25,000,000 or better. The OWNER and the PROPERTY MANAGER mutually agree to provide each other with Certificates of Insurance evidencing compliance with the above requirements and such certificates are to be on an appropriate ▇▇▇▇▇ form. Owner’s policy will be endorsed to reflect PROPERTY MANAGER as additional insured.
4.2 To the best of OWNER'S knowledge, neither the Premises, nor any part thereof, has previously been or is presently being used to treat, deposit, store, dispose of or place any hazardous substance, that may subject PROPERTY MANAGER to liability or claims under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.A. Section 9607) or any constitutional provision, statute, ordinance, law, or regulation of any governmental body or of any order or ruling of any public authority or official thereof, having or claiming to have jurisdiction thereover.