Property Management Agreement Sample Page 10
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29while acting as real estate manager for Owner, shall be named as an additional insured in all
liability insurance maintained with respect to the Development. Manager shall investigate and
promptly furnish to Owner full written reports of all accidents, claims and potential claims for
damages relating to the Development, and shall cooperate fully with Owner's insurers, regardless
of whether the insurance was arranged by Manager or others. Manager shall provide a copy of
such insurance policies to Owner if applicable and, to the extent required under the loan
documents, to the lenders.
5.3 Cooperation. Manager shall furnish whatever readily available information is
requested by Owner for the purpose of obtaining insurance coverage, and shall aid and cooperate
in every reasonable way with respect to such insurance and any loss thereunder.
5.4 Manager's Workers Compensation Insurance. At all times during the term of this
agreement, Manager shall be able to provide a certificate evidencing participation in the Ohio
worker’s compensation system from the Ohio Bureau of Workers Compensation if requested by
owner.
5.5 Subcontractor's Insurance. Manager shall require that all subcontractors working
on the Development maintain, at the subcontractor's expense, workers’ compensation insurance,
in such amounts as may be required by law from time to time. Manager shall be notified
promptly in the event Owner waives any of the Requirements in this Section 5.5.
5.6 Indemnification of Owner. To the extent permitted by law, Manager agrees to
defend, indemnify and save harmless Owner and its members from all claims, investigations and
suits, with respect to (i) any alleged or actual violation of state or federal labor or other laws
pertaining to employees, it being expressly agreed and understood that as between Owner and
Manager, all persons employed in connection with the premises are employees of Manager, not
Owner; or (ii) Manager's breach of this Agreement which has a material adverse effect on the
Development or the Owner, or its negligence or willful misconduct. Manager shall at all times
keep its employees and contractors insured for statutory workers' compensation and other
employee benefits required by all applicable laws; and Manager shall maintain employer's
liability insurance for an amount not less than $1,000,000 covering claims and suits by or on
behalf of employees and others not otherwise covered by statutory workers’ compensation
insurance. Owner and its members shall be protected in all such insurance by specific inclusion
of Owner under an additional insured or alternate employer rider. Manager shall provide Owner
with certificates of insurance evidencing that workers' compensation and employer's liability
insurance are in force, and providing not less than ten (10) days’ notice to Owner prior to
cancellation.
5.7 Indemnification of Manager. To the extent permitted by law, Owner agrees to
defend, indemnify and save harmless Manager from all claims and suits in connection with the
Development, provided that such claims and suits are attributable to bodily injury, sickness,
disease or death; or to injury to, or destruction of, tangible property; and such claims and suits
arise, or are alleged to arise, in whole or in part, out of any negligent act or omission of Owner,
its officers, employees or agents. Owner agrees to include Manager as an additional insured in
Owner's public liability policy with respect to the Development, but only while Manager is
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