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01-10-13
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1/22/2013 7:23:17 PM
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(d) A list of all vendors. <br /> (e) All pertinent books and records relating to the operation of the Property. <br /> (f) All third party contracts in force. <br /> (g) All insurance information on the property. <br /> (h) All vendor insurance certificates. <br /> (i) Procedures for reporting claims and evaluating safety and loss prevention conditions. <br /> The above and any and all books and records are and shall remain the property of City but shall be made available <br /> to Manager for its use and knowledge in assuming the duties and responsibilities of Manager under this Agreement. <br /> 5.2 City's Obligations. Throughout the term of this Agreement,City agrees to perform the following: <br /> (a) To pay Manager for its services in the amounts and in the manner and at the times described in <br /> Article VIII. <br /> (b) To promptly reimburse Manager,upon written demand,to the full extent of all funds advanced by <br /> Manager for City's account in carrying out the terms and conditions of this Agreement. <br /> (c) To communicate with Manager through Manager's assigned manager for the Property at the <br /> property management level. <br /> (d) To maintain adequate funds to fund all expenditures to be made by Manager pursuant to the terms <br /> of this Agreement. <br /> (e) To disclose promptly to Manager,upon Manager's request,the property and liability loss history of <br /> the Property as set forth in the records of the City and City's insurance carriers. <br /> (f) To disclose promptly to Manager, in writing,any unresolved past or present claims,conditions,or <br /> occurrences which may become future claims, conditions,or occurrences which would not be <br /> covered by insurance policies maintained by City,including those policies required to be <br /> maintained by City under this Agreement. <br /> (g) To promptly inform Manager in writing of the existence on the Property of any Hazardous <br /> Substance,the presence of which either: <br /> (i) requires investigation or remediation under any federal, state,or local laws,rules,codes, <br /> statutes,regulations,orders,notices,determinations,ordinances,or other requirements; or <br /> (ii) causes or threatens to cause a nuisance upon the Property or adjacent properties or poses or <br /> threatens to pose any hazard to the health and safety of any persons on or about the <br /> Property. <br /> (h) To require all contractors and consultants that may be hired by City as set forth in Article III <br /> to obtain and maintain liability insurance in an amount sufficient to adequately insure against <br /> any identified or suspected environmental hazard at the Property or any other hazards relating to <br /> any such inspections,test, studies,and remediation activities. All such liability policies shall <br /> name Manager as an additional insured. Manager shall be entitled to receive a certificate of <br /> insurance. <br /> (i) To not make any payments,whether for commissions,bonuses or other reasons,directly to <br /> Manager's employees. <br /> Page 4 of 8 <br />
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