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.FES-10--2000 13:35 FROM UNICO PROPERTIES, REn ONN TO
to rue its best efforts in the management, operation, maintenance, leasing and marketing of the
Property, and to comply with the conditions herein contained.
to generally do and perfoem, or cause to be done and
(b) Manager a ry, (i) S ees judgment for the proper and
performed, all things nPcemon, maintenance, leas nired or 'g and mare in k ting of the Properties, and (ii) to
efficient management, op erformed hereunder during the term
faithfully and diligently render the services an its part to be p with respect to the proper'
aci Manager shall deal at arras length
hereof. Manager shall act in a commercially responsible capacity
protection of and accounting for hall serveeOwne 5 In s inteis rests at.all times.
wig+ all third parties and ManaS
Manager ]ease,
4.r suff E stop lees Inet ao enable titCo property, adequatelyhsafely, and all at all teccnomically man gimes have in iu e employ
or
contract for
e of such personnel are the sole
marker, operate, maintain and rarcicensatioon,epromot on and All
discharg atters pertaining to the selection, direction,
employment, supervision, p be which shall be in all respects the
responsibility of Manager or Manager's subcontractor, as the case may
execute on behalf of
employer of such personnel,
r 'o , Manager, s approval nof the teermswill ather of, may h any ton lawfully entitle
to represent such employees
with all applicable laws and
Owner collective bargaining agreements or labor con OwnL ntracts resulting therefrom whit respect to a specs ie
unem to mint insurance, hours of
Property. Manager shall have total responsibility for and shall full y comply provided,
however, that
regulations having to do with workmen's compensation, socioal Security,
Subje� P
responsible for any and all claims, liabilities or
labor, wages, working conditions, and other employer•emp• Y
ee Retirement Income, Security Act of
Owner, in accordance with Section 6.1 hereof; shall be resp be ended, replaced or
,,bligations arising out of or relating :a the provisions of he Employ
personnel arrangdments is not one g agency' by
1974 and the Multi -Employer Pension Phan Amendmens Act of 1980. as bothmay a in individuals
supplemented. This Agreement as it relates to Manager's p
Manager for Owner but one with Manager engaged independently in :he business o.. employ g
on its own behalf as an independent contractor and Owner shall have no liability with respect thereto. All
costs of such personnel (including compensation, fringe benefits, insurance and taxes) shall be reimbursable
to Manager as set forth in Section 10.1 hereof.
4,; Schedule of Personnel. Manager shall provide a schedule of personnel (in substantially the
--- aft hereof) to be subject to Manager's exclusive control
format of Schedule B attached hereto andent omade a partprop
subject to this Agreement This Schedule shall
and employed m the direct mans$ -
e manner additional personnel whose costs may from time to
include the number of such personnel, thou tide and whether such personnel are directly employe y
Manager. Manager shall identify in the Sam wrier and or Properties, which
time be charged to each Property or Properties for services rendered to each Property Manager shall agree in
costs may be allocated pro rats or according to suchother ro rats without thethod asconsent f Own include, out
writing. Personnel whose costs may not be charged p dated and submitted to
limitation, headquarters management personnel oThed schedule
a e n�P did oelinhSect on 4.5 hereof. Schedule B
cement of Owner and Manager. Owner reserves
Owner for approval in conjunction with the prop
may be amended from time to time in writing by mutual age
the right to request Marager to replace any individual covered by Schedule S.
4.4 Compliance with r awa Aoreements. etc..
(a) Owner Shall be responsible for full compliance with all appliceralti n,drepairtand
and municipal laws, or regulations ththerules reguorders lations or orders of the tie use, local Board of Fire
maintenance of each Property