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Updated over 3 years ago on . Most recent reply
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Property Management Indemnification Clause
Hi everyone, a property manager I'm considering has this indemnification clause which seems to say they will not be held liable EVEN where there is negligence on their part (correct me if I'm misinterpreting this)! Is this a standard clause for PMs? Is it enforceable? I've invested in a small town and there are slim PM pickings here. I've exhausted all other PM options and this is the only one that seems promising (aside from this clause). Property is located in Canada, Ontario. Any advice would be appreciated, TIA!
INDEMNIFICATION: The Owner shall indemnify and hold harmless Property Managemer from and against claims, demands, losses, costs, damages, actions, suits, or proceedings (hereinafter called "claims"), by third parties that arise out of, or are attributable to, the Property Manager's performance of the agreement provided such claims are:
1. attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property, and;
2. caused by negligent acts or omissions of the Property Manager or anyone for whose acts the Property Manager may be liable.
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Originally posted by @Sathya San:
Thanks @Nathan Gesner I tried seeing if the PM was willing to modify this clause and checked to see if it was missing "not" and the answer to both was no! That's what I was wondering, is it really even enforceable. Thanks for sharing your thoughts. Appreciate it!
If they intentionally wrote that, then I would suspect they are not very bright and would move on to someone else.
- Nathan Gesner
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