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accounting of the gross monthly rents along with the management fee check monthly, <br /> on or about the 15th of each month. <br /> In addition to the management fee, any extraordinary out of pocket expenses of <br /> ESM authorized by County will be paid monthly and identified as "reimbursables". <br /> 9. Errors and Omissions Insurance. [To be completed.] <br /> 10. Insurance. <br /> (a) County agrees to carry and keep in effect property and liability insurance <br /> covering the property. Property coverage shall not include the contents in tenant space. <br /> (b) ESM agrees to make a timely written report to County concerning any <br /> accidents and any claims relating to the property or its operation. <br /> 11. Indemnification. <br /> (a) County's obligation. To the extent permitted by law and to the extent <br /> covered by policies of insurance maintained by County, County agrees to indemnify <br /> ESM from and against any liability, loss, damage, cost or expense by reason of any act <br /> or omission of County not also the fault of ESM. <br /> (b) ESM's obligation. ESM shall indemnify and hold harmless County against <br /> any claim which may be made against County arising out of: <br /> (i) any failure of ESM promptly to perform any of its obligations under <br /> this agreement, provided such failure was not caused by County; <br /> (ii) any acts of ESM beyond the scope of ESM's authority under this <br /> agreement and that are not authorized or ratified by County; and <br /> (iii) any negligence by ESM, its agents or employees. <br /> (c) Third party rights. Nothing contained in this paragraph shall be deemed to <br /> create any rights in any person or entity that is not a party to this agreement. <br /> 12. Right to assign. ESM shall not, without County's prior written consent, assign <br /> any of its rights or obligations under this agreement. <br /> 13. Notices. Any notice required by the terms of this agreement shall be deemed <br /> given and received on the date of the mailing of such notice in writing to County or to <br /> ESM, as the case may be, provided such notice is transmitted by certified or registered <br /> mail, return receipt requested, postage prepaid, and addressed to the party due such <br /> notice as shown, or such other address as either County or ESM may give in writing to <br /> the other for such notices: <br /> ESM: Stephen J. Manton <br /> ESM Associates <br /> PO Box 4523 <br /> Chapel Hill, NC 27515-4523 <br /> COUNTY: Orange County <br /> c/o Director of Purchasing and Central Services <br /> PO Box 8181 <br /> Hillsborough, NC 27278 <br />