Owner.
Article 5: Management Authority
5.1
Agent's authority is expressly limited to the provisions contained herein. Owner expressly withholds
from Agent any power or authority to make any structural change in the Property or to make any other major
alterations or additions in or to the Property or fixtures or equipment therein, or to incur any expense
chargeable to Owner other than expenses related to exercising the express powers granted to Agent by the
terms of this Agreement, without the prior written consent of Owner.
5.3
Agent shall comply fully with all federal, state, county, municipal and special district laws, ordinances,
rules, regulations, and orders relative to the leasing, use, operation, repair, and maintenance of the Property.
Agent shall promptly remedy any violation of any such law, ordinance, rule, or regulation which comes to its
attention and shall notify Owner by the end of the next business day after Agent becomes aware of any
violation for which Owner may be subject to penalty. Agent shall take no action so long as Owner is contesting
or has affirmed its intention to contest any such order or requirement.
5.4
In the performance of its obligations under this agreement, the Agent will comply with the provisions of
any Federal, State, or local Fair Housing law prohibiting discrimination in housing or employment on the
grounds of race, color, religion, sex, familial status, National origin, or handicap, and other nondiscrimination
laws such as Title VI of the Civil Rights Act of 1964 (Public law 88-352, 78 Stat. 341), Section 504 of the
Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, and the Americans with Disabilities Act, as
applicable.
5.5
Agent shall maintain as confidential any financial information obtained from or about Owner, even after
termination of this Agreement.
Article 6: Insurance and Indemnification
6.1
Except as expressly provided to the contrary herein, the obligations and duties of Agent under this
Agreement shall be performed as agent of Owner, but Agent shall be personally liable for its breaches of this
Agreement and for damages and costs (including reasonable attorney fees) resulting from Agent's negligence or
misconduct.
6.2
Insurance.
(a)
Agent shall obtain and keep in force such forms and amount of insurance as required by the
Owner with insurance companies satisfactory to Owner. Such insurance shall include but is not
limited to, fidelity insurance, workers compensation insurance, insurance against physical
damage (e.g., fire and extended coverage endorsement, boiler and machinery, etc.) and against
liability for loss (including loss of income due to business interruption), damage, or injury to
property or persons which might arise out of the occupancy, management, operation or
maintenance of any part of the Property. Agent shall provide a copy of such insurance policies
to Owner.
(b)
Agent shall be named as an additional insured while acting as agent for Owner in all liability
insurance maintained with respect to the Property.
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