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Updated over 8 years ago on . Most recent reply

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Peter Chen
  • Investor
  • Gaithersburg, MD
1
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10
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Property Management agreement "Hold Harmless" clause

Peter Chen
  • Investor
  • Gaithersburg, MD
Posted

My property management contract contains a "Hold Harmless" clause which provides as follows: "Owner agrees to indemnify, defend, and save Agent harmless from all suits in connection with the leasing and managing of the Property and from liability for damage to any other Property and for injuries to or death of any person or person."

Are such clause in a property management contract fairly common?  Does this give anyone pause when negotiating such contractual agreements?

Thanks for the input.

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261
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Phil Earley
  • Property Manager
  • Cumming, GA
199
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261
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Phil Earley
  • Property Manager
  • Cumming, GA
Replied

Typically there is other verbiage included in the hold harmless clause:

"other than as a result of willful misconduct, recklessness or sole negligence of Agent."

"except for loss or damage caused by Agent’s sole negligence, recklessness or willful misconduct of Agent’s employees."

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