9. ATTORNEY FEES. If either party finds it necessary to employ the services of an
attorney to enforce the terms of this Agreement, then the prevailing party shall be entitled
to recover its reasonable attorney’s fees, expenses and court costs from the other party.
10. HOLD HARMLESS. Owner agrees to hold Agent harmless and to indemnify and defend
Agent from all claims for damages or suits in connection with the management of the
Property, and from liability for injury suffered by any employee or other person,
including lessees and their social guests, and to name Agent as a co-insured or additional
insured on any policy of insurance which Owner may purchase for the benefit of the
Property. Owner further agrees to and does release Owner from any claims related to any
errors in judgment or for any mistake of fact or law, or for anything which he may do or
refrain from doing hereunder (sometimes referred to as discretionary acts).
11. EXTRAORDINARY SERVICES.
Agent may charge Owner an hourly fee of
$__________ for all necessary or requested tasks not considered normal management
duties.
12. ADDITIONAL PROVISIONS.
This Agreement will inure to the benefit of and
constitute a binding obligation on the parties hereto and their respective heirs, successors
and assigns.
This Agreement constitutes the entire agreement between Owner and Agent with respect
to the management and operation of the Property.
All prior agreements and
understandings, written or oral, if any, are incorporated herein. No modification of this
Agreement will be valid unless made by supplemental written agreement, executed and
approved by the parties.
This Agreement shall be construed in accordance with the laws of the State of
Mississippi.
13. INSPECTION. Owner must contact and receive permission from Summit Management
Services, LLC prior to entering the Property during the term of any lease agreement or
during any other such time as the Property is leased.
14. SPECIAL PROVISIONS: ____________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Page 5 of 6
Rev. 12/15/11