Fillable Property Management Agreement (Page 7 of 15) in pdf

requirements of Section 7.1, Owner is and shall remain solely responsible for compliance with, liability under

and bodily injury, property damage and other damages arising under all (i) Environmental Laws, (ii) common

law liability for environmental matters and conditions, and (iii) any and all court orders, decrees and judgments

regarding environmentally-related matters applicable to the Property. Such matters shall include, without

limitation, conditions arising from and related to water intrusion such as mold and mildew, property damage,

bodily injury, death and other human and environmental consequences related to them (collectively, “Water

Intrusion Claims”). Owner’s responsibility under this Section 7.2 shall include, without limitation, compliance

with all legal requirements relating to licensure, governmental notice, employee or occupant notice, record

keeping, and remedial work.

7.3

Compliance With Fair Housing Laws.

In particular, Manager shall comply with the

requirements of the Fair Housing Act of 1968 and the Federal Fair Housing Act of 1988. Should Owner elect to

operate the Property as a 55 and older community or with policies which may be or are found to be in violation

of such laws, Owner shall indemnify, defend and save Manager harmless from any and all claims, demands,

claims, liabilities, losses, fines, costs, expenses, damages, judgments and attorney fees arising from or in

connection with implementation and enforcement of such policies.

7.4

Earthquake; Terrorism; Acts of God. Owner is and shall remain solely responsible for any and

all liability, loss, damage, claim, costs and expenses associated with or arising out of earthquake hazards,

earthquakes, terrorist acts, acts of God, fire, flood and other casualties on or about the Property.

7.5

Environmental Indemnification.

Owner shall, and hereby agrees to, hold Manager, its

shareholders, partners, members, directors, officers, employees, agents, affiliates, successors, and assigns,

harmless from, indemnify them for, and defend them against any and all losses, damages, liens, costs, expenses,

and liabilities directly or indirectly arising out of or attributable to (i) any violation of or liability arising under

any Environmental Law, (ii) any liability arising under common law related to environmental conditions on or

about the Property, (iii) any loss related to any casualty including, without limitation, earthquake, earthquake

hazard, terrorism, acts of God, fire, flood and other casualties, (iv) any Water Intrusion Claim, or (v) any claim

related to the use, generation, manufacture, production, storage, release, threatened release, discharge, disposal,

or presence of a Hazardous Substance on, under, or about the Property, including, but not limited to, the costs of

any required repair, restoration, cleanup, containment, or detoxification of the Property or any other land, site,

property or resource, the preparation and implementation of any closure, remedial or other required plans,

attorney fees and costs (including but not limited to those incurred in any proceeding and in any review or

appeal), fees, penalties, and fines.

Definitions. For purposes of this Section 7, “Environmental Law” means any federal, state, or

7.6

local law, statute, ordinance, or regulation pertaining to Hazardous Substances, health, industrial hygiene, land

use, wetlands, surface or subsurface conditions, mining, or environmental conditions, including, but not limited

to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), as

amended, 42 USC §§9601-9675, and the Resource Conservation and Recovery Act of 1976 (“RCRA”), as

amended, 42 USC §§6901-6992. For the purposes of this Section 6, “Hazardous Substance” includes without

limitation: (i) hazardous substances, hazardous wastes, extremely hazardous substances, hazardous chemicals,

toxic chemicals, and all other substances defined as hazardous or toxic under the Environmental Laws, or any

similar law or regulation now existing or hereafter promulgated, (ii) all materials, substances, and wastes that

are or which contain (A) asbestos; (B) polychlorinated biphenyls; (C) explosives, except such explosives as are

used during construction in accordance with law; (D) petroleum, and any fractions thereof; or (E) radioactive

materials and (iii) such other substances, materials, and wastes that are or become regulated or classified as

hazardous or toxic under federal, state, or local laws or regulations.

PROPERTY MANAGEMENT AGREEMENT - Page 7

Property Management Agreement Page 7

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