HomeMy WebLinkAbout69,3 FEB-10-2000 13:37 FROM UNICO PROPERTIES, RENTONN TO
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4307300 0 ram P. t2
interests in the Property and conform to the Leasing Guidelines. Owner's prior written approval shall be
obtained for material modi5catiors to lease forms.
5.4 Brokers. Manager is hereby authorized to cooperate with cooperating brokers in leasing
space within the Property. All such brokerage agreements shall be in a form approved by Owner in writing.
Manager is authorized to enter into brokerage agreements with such cooperating brokers on behalf of Owner
as Owner's Agent In the event that such a cooperating broker shall procure a tenant for space within the
Property, and such tenant enters into a lease with the Owner, Owner shall pay the cooperating broker a
commission computed in accordance with rates as identified in Schedule A to this Agreement or such lower
commission rates as Manager is able to negotiate with the cooperating broker. Commissions paid to
cooperating brokers which exceed the rates identified in Schedule A shall be agreed to by Manager only with
Owner's prior written approval in each and every case. Manager shall be paid a commission on leases
involving a cooperating broker on the terms and at the gates as provided in Section 14.1 and Schedule A
hereof, which shall be in addition to the commission paid to the cooperating broker.
5.5 Advertisine. Manager shall cause advertising plans and promotional material to be
prepared to farther rentals in accordance with the Approved Operating Budget. Such plans or material shall
only be used if approved in advance in writing by Owner. Manager shall not use Owner's name in any
advertising or promotional material without Owner's prior written approval in each utstance. Owner
acknowledges and agrees that it is necessary and desirable for Manager to coordinate all advertising,
promotions and marketing affecting the Property.
5.6 Leasing Expenses. Owner shall reimburse Manager for all out-of-pocket expenses, if any,
directly related to negotiating leases for space in the Property, including, without limitation, all reasonable
attorneys fees incurred in connection therewith Owner agrees ru bear other incidental
telephone, sts relating
ntatto th,
leasing of space in the Property, including withcut limitation. cos ts of postage,
preseniatioM 'In advertising
tof the space, all of
which shall included the Approved Operating Budget or otherwise approved byO�er in %writing.
ARTICLE 6. INDEMNIFICATION' INSURANCE
61 Tndems,nificallon. Owner will indemnify, defend and hold Manager, is directors, officers,
agents, servants and employees harmless from ai,d against any and all claims, demands, causes of action,
losses, damages, fines, penalties, liabilities, toss and expenses, including attorneys' fees and court toss, to
which Manager may become liable or subject by reason of or arising out of the performance or
nonperformance of Manages duties and activities within the scope of this Agreement or arising from any
action or activity on, or the condition of, any Property; except if and to the extent caused by or arising out of
Manager's negligence, gross negligence or willful misconduct where such claims are noted to be maintained
type covered
under Owner's property damage and liability policies with respect to the Property required
by Owner pursuant to Section 6.2. In addition to the foregoing indemnify, to the extent that any such claims
are of the type which are covered under Owner's property damage and liability insurance policy or policies
with respect to any Property (without regard to any deductible or self-insurance retention amounts), Owner
releases Manager, is partners, directors, officers, agents, servants and employees from all such :laims,
irrespective of the cause thereof, to the extent that such insurance policies provide for or permit waiver of
subrogation. Without limiting the generality ofthe foregoing, Owner shall indemnify a� hold
Manager,
lobe!, s
ts
directors, officers, and agents, servants and employees harmless from and against
arising out of, or relating to, the provisions of the Employee Retirement income Security Act of 1974 and the
Multi -Employer Pension Plan Amendments Act of 1950, as they both may be amended, replaced or