Owner agrees to protect, defend, indemnify, and hold Broker
harmless for any damage, costs, attorney’s fees, and expenses
that: Are caused by owner, negligently or otherwise; Arise from
owner’s failure to disclose material or relevant information
about the property; Are caused by owner giving incorrect
information to any person; or are related to the management
of the property and are not caused by Broker, negligently or
otherwise.
Owner is responsible for and liable for all contracts and
obligations related to the property (maintenance, service,
repair, and utility agreements) entered into before or during
this agreement by owner or by Broker under Broker’s authority
under this agreement. Owner agrees to hold Broker harmless
from all claims related to any such contracts.
Property Code: The Texas Property Code requires certain types
of locks or security devices on all exterior doors of residential
rental Property Management and requires smoke detectors in
certain locations including all bedrooms. The property code
requires the security devices to be rekeyed and the smoke
detectors to be tested each time a new tenant occupies the
property.
INDEMNITY PROVISION. IF ANY THIRD PARTY ASSERTS
ANY CLAIM AGAINST BROKER FOR ANY CAUSE OF
ACTION RELATED TO THE LEASE AGREEMENT OR THIS
AGREEMENT, OWNER WILL INDEMNIFY BROKER FROM ANY
AND ALL CLAIMS, INCLUDING ATTORNEY FEES INCURRED
IN DEFENSE OF ANY CLAIM.
20. MISCELLANEOUS PROVISIONS
Non Disparagement / Representations - OWNER, TENANT and
PROPERTY MANAGER mutually agree, that as additional
consideration, specifically the mutuality of this clause, each is
prohibited from making disparaging remarks/statements or
publications regarding the other to any third party, internet,
web-based, cloud based, or “review” type publication site,
effective the date of this agreement. This provision relates to
remarks/statements/publications/opinions / evaluations or any
other thought process reduced to writing regarding: (1) this
agreement; (2) any parties’ performance under this agreement;
(3) the lease agreement to which this provision is an addendum
to; (4) any duty or obligation or action of or by the property
manager that relates to or touches upon the management of this
property. If any dispute arises regarding whether any remark,
statement, or publication is disparaging, the parties agree that
for purposes of this provision, expressly including the
enforcement of this provision detailed below, that any remark,
statement, or publication shall be irrefutably deemed
disparaging if: (1) the other party requests, in writing, that the
writing/publishing party remove the remark and/or
publication; and (2) the remark and/or publication is not
removed within 72 hours of said requests.
OWNER, TENANT, and PROPERTY MANAGER mutually agree
that damages for failure to comply with this provision shall be
liquidated at three hundred dollars per day for each
remark/statement/representation that is disparaging or is not
removed within 72 hours of request to remove said remark/
statement/ representation. OWNER, TENANT, and PROPERTY
MANAGER further agree that enforcement of this provision is
appropriate through a temporary restraining order and/or
injunctions and permanent injunctions, notwithstanding any rights
under the First Amendment to the United States and/or Texas
Constitutions or other codified statute, regulation, or code and
that any party who prevails on enforcement of this provision,
whether for monetary damages or injunctive relief is entitled to
recover attorney fees against the other. The parties to this
agreement agree that this provision shall survive the
termination, expiration or cancellation of the lease and this
agreement in enforceable at any time should any party publish
a remark/statement/publication or other writing which is
subject to this provision.
Venue - OWNER, TENANT, and PROPERTY MANAGER
expressly submit to the jurisdiction of the State of Texas and
agree that venue in any litigation touching or concerning this
agreement shall be proper ONLY in Bexar County, Texas.
21. ADDITIONAL SERVICES
Owner may request additional services to be completed by
Captex Property Management that are outside of our normal
scope of services. All requests shall be in writing from owner
with compensation illustrated and posted under the Owner
Charges handbook.
22. FORECLOSURE NOTICES
If Broker receives notice of the Owner’s delinquency in the
payment of any mortgage or encumbrance secured by the
property, property taxes, property insurance or Home Owner’s
Association fees, Broker may give 15 days to cure the
delinquency during which period Owner authorizes Broker to
freeze any funds held by Broker and no disbursements will be
made to Owner related to this agreement or the Property. If
after the 15-day period, the delinquency is not cured and the
foreclosure process is initiated, Owner authorizes Broker to
deduct from any other funds being held by Broker for Owner
any remaining Broker fees or funds due to Broker related to
services performed under this agreement. Additionally, Owner
authorizes Broker to return any security deposit being held by
Broker to a tenant of the Property in addition to any prorated
amount of rent being held by Broker and Broker may terminate
this agreement. This paragraph does not preclude Broker from
seeking any other remedies under this agreement or at law that
may be available to Broker.