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6.A.(2) Comml Property Management Agreement for Redev Retail
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6.A.(2) Comml Property Management Agreement for Redev Retail
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10/1/2010 12:06:54 PM
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4/1/2009 12:15:13 PM
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character, location, construction, layout, plan and operation of the Property, <br />including but not limited to the electrical, heating, plumbing, air conditioning and <br />ventilation systems an all other mechanical equipment. <br />MUTUALLY AGREED RESPONSIBILITIES AND AUTHORITY. <br />a. The Owner expressly withholds from the Agent without prior direction of <br />the Owner any power or authority to make any structural changes in the <br />Property or to make any major alterations or additions in or to the <br />buildings or equipment therein, or to incur any expenses chargeable to the <br />Owner or the Property other than expense related to exercising the express <br />powers herein vested in the Agent; provided. however that the Agent may <br />make emergency repairs, required because of danger to life or property, or <br />to avoid suspension of any necessary service to the property. <br />b. The Agent by virtue of its role as agent hereunder shall have no ownership <br />interest of any kind in the Property. The Agent does not assume and is not <br />give responsibility for compliance of the Property or any buildings or <br />equipment therein with the requirements of any statute, ordinance, law or <br />regulation but shall forward to the Owner promptly any complaints, <br />warnings, notices or summonses received by it relating to such matters. <br />The Owner represents and warrants that the Property, its buildings, land, <br />equipment all other parts and portions thereof and procedures related <br />thereto are currently and will continue to be, throughout the term of the <br />Agreement and all renews and extensions thereof, in full and complete <br />compliance with all applicable statutes, ordinances, laws, and regulations <br />of every kind and nature, including but not limited to those pertaining to <br />environmental protection, safety, zoning, accessibility for persons with <br />disabilities, employment, housing opportunity, and fair credit reporting. <br />The Owner authorizes the Agent to disclose the ownership of the Property <br />to any governmental officials. The Owner agrees to indemnify and hold <br />harmless the Agent, its representatives. servants and employees of and <br />from all loss, cost. expenses and liability whatsoever, including but not <br />limited to attorneys fees and all costs of defense which may be imposed on <br />or incurred by them or any f them by reason of any past, present or future <br />violation or alleged violation of such statutes. ordinances, laws or <br />regulations unless such violations occur solely by the direct and <br />affirmative act of the Agent. <br />In the event it is alleged that the Property or any building or equipment <br />therein or any act or failure to act by the Owner with respect to the <br />Property or the sale, rental or other disposition thereof fails to comply with <br />or is in violation of any statute, ordinance, law or regulation of any <br />governmental body. or of any order of any public authority or official, and <br />the sole and absolute discretion, considers that the action or position <br />of the Owner with respect thereto may result in damage or liability to the <br />
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