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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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18. INSURANCE. The Owner will inform the Agent of the insurance to be <br />carried with respect to the Property and its operations, and the Agent will <br />cause such insurance to be placed and kept in effect at all times. Insurance <br />premiums are a Property Expense. Insurance will be placed with the companies, <br />on conditions, in amounts, and with beneficial interests acceptable to the Owner <br />and in conformity with the Mortgage; provided, however, that public liability <br />coverage shall be in form, substance and amounts acceptable to the Agent as well <br />as the Owner and the Mortgagee and will name the Agent as an additional <br />insured. The Agent will investigate and report to the Owner about all accidents, <br />claims and potential claims for damages relating to the Property and will <br />cooperate with the Owner's insurers in connection therewith. <br />19. AGENT'S BOND. The Agent agrccs that during the entire term of this <br />Agreement that Agent will carry, at the Agents ole cost and expense, fidelity <br />insurance coverage with sureties in the amount of not less than $100,000.00 and <br />that Agent will provide Owner with a copy of Agent's certificate evidencing said <br />insurance coverage. Agent will investigate and report to the Owner about all <br />accidents, claims and potential claims for damages relating to the Property and <br />will cooperate with Owner"s insurers in connection therewith. <br />20. SAVE HARMLESS AND INDIMINIFICATION. <br />Owner Agrees: <br />a. To indemnify, defend and save the Agent harmless from all suits in <br />connection with the property and from liability for damage to property and <br />injuries to or death related to the Property, except for activities arising out <br />of Agent's willful misconduct or gross negligence, unless conduct or gross <br />negligence was a result of Owner's instruction or direction, in which event <br />Owner shall indemnify Agent. <br />b. To pay all expenses incurred by the agent. including, without limitation, <br />attorney's fees for counsel employed to represent the Agent or the Owner <br />in any proceeding or suit involving the alleged violation by the Agent or <br />the Owner. or both of any constitutional provision, statute, ordinance, law <br />or regulation of any governmental body pertaining to fair employment, <br />Federal Fair Credit Reporting Act, environmental protection of fair <br />housing, including with limitation. those prohibiting or making illegal <br />discrimination on the basis of race. creed, color, religion or national origin <br />in the sale. rental or other disposition of the Property or any services <br />rendered in connection therewith (unless the Agent is finally adjudicated <br />to have personally and not in a representative capacity violated such <br />constitutional provision. statute ordinance. law or regulation), but nothing <br />herein contained shall require the Agent to employ counsel to represent <br />the Owner in any such proceeding or suit. <br />
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