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Indemnifications, or ?hold harmless? provisions, shift risks or potential costs from one party to another. One party to the contract promises to defend and pay costs and expenses of the other if specific circumstances arise (often a claim or dispute with a third party to the contract).
The names of the contracting parties, the address of the managed property, the amount the property manager will get paid, the start and end date of the agreement. The address of the managed property, the amount the property manager will get paid, the rights and duties of the property manager and owner.
Generally speaking, an indemnification clause in the property management context states that an owner will indemnify a property management company (that is, step into their shoes and/or defend the property management company) for damages that are beyond the property manager's control.
An indemnity is a primary obligation and is an agreement by one party to bear the cost of certain losses or liabilities suffered by another party in certain circumstances.
In most contracts, an indemnification clause serves to compensate a party for harm or loss arising in connection with the other party's actions or failure to act. The intent is to shift liability away from one party, and on to the indemnifying party.
Under the right to a safe and habitable home, a landlord cannot force a tenant to move into a home or unit ?as-is? and cannot demand that the tenant be responsible for repairs. To be safe, and habitable, a unit or home should have: Working smoke alarms. Working hot water.
Indemnification is the assumption of another party's liability under a contract, such as a lease. Therefore, under an indemnification clause, tenants typically agree to reimburse the landlord, or pay directly, ?all losses, claims, suits, liability, and expense? related to a liability situation.
Any property manager who plans to manage, market, list or lease real estate must have a license under Pennsylvania law. A licensed broker may employ a salesperson to assist with some of these tasks, but the licensed broker must perform some management activities and supervise those not performed.