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operation, maintenance, and service of the <strong>Property</strong>, and to pay the same when due, as long<br />
as Owner has approved the expenditure in the annual budget. Agent must obtain the<br />
Owner’s prior written consent be<strong>for</strong>e entering into any unbudgeted contract or equipment<br />
lease <strong>for</strong> the account of Owner in which (i) the term exceeds one (1) year, or (ii) the contract<br />
is not cancelable with thirty (30) days notice unless such contract or lease is made under<br />
circumstances which shall reasonably be considered to constitute an Emergency (as<br />
defined above). Notwithstanding the <strong>for</strong>egoing, Agent shall attempt to contact and secure<br />
prior approval of Owner in the event any such emergency expenditure is likely to exceed<br />
$10,000.00.<br />
vii. Supplies and Inventory.<br />
a) Within the Owner-approved annual budget, Agent is authorized, on behalf of Owner, to<br />
purchase such supplies and expendable items as are necessary to operate the <strong>Property</strong>.<br />
When taking bids or issuing purchase orders, Agent shall use its commercially available<br />
reasonable and prudent ef<strong>for</strong>ts to secure <strong>for</strong> Owner's benefit any discounts,<br />
commissions, or rebates obtainable in connection with such purchases. All such<br />
discounts, commissions or rebates shall inure to the benefit of the property and Owner.<br />
In no event may a commission or rebate inure to the benefit of Agent, its officers,<br />
employees or subcontractors, or to other properties that Agent may be managing.<br />
b) Agent shall conduct a physical inventory of the fixed assets, personal property,<br />
materials, and equipment used in connection with the <strong>Property</strong> at the commencement<br />
and termination of the Agreement and, if requested by Owner, at the end of each<br />
fiscal year.<br />
viii. Insurance<br />
a) Owner shall cause to be placed and kept in <strong>for</strong>ce usual and customary insurance<br />
against direct physical loss or damage to the <strong>Property</strong> as well as resulting Loss of<br />
Income. All insurance shall be in con<strong>for</strong>mity with the requirements of any mortgages<br />
of the property; the cost will be charged to the project operating account.<br />
b) Owner shall obtain and keep in <strong>for</strong>ce a Comprehensive General Liability (CGL)<br />
insurance policy, with respect to the property and its operations, and in amounts no less<br />
than $1,000,000 per occurrence of bodily injury and property damage, and not less than<br />
$3,000,000 policy general aggregate or such higher amounts as agreed upon by the parties<br />
required to sufficiently insure Owner's obligations to hold agent harmless <strong>for</strong> all claims<br />
arising from the operations at the <strong>Property</strong> other than property management errors and<br />
omissions. The cost of insurance will be charged to the project operating account.<br />
<strong>Property</strong> <strong>Management</strong> Agreement 6<br />
December 2010