Damage to Unit. From and after the Effective Date, Manager is not responsible for any loss or damage occurring to the Unit (including all Furnishings and Housewares) whether by wear and tear, casualty, theft, vandalism, acts of God, natural disaster or otherwise caused by a Resort Guest or occupant. Upon discovery of any material loss or damage to the Unit, Manager will promptly notify Unit Owner. Manager will use reasonable efforts to collect amounts due from Resort Guests as necessary to reimburse Unit Owner for the cost to repair any damage caused by Resort Guest or its invitees; provided, however, Manager cannot and does not guarantee that the same will be collected. Manager may settle any amounts due from a Resort Guest or damage claim against a Resort Guest, in the exercise of Manager’s discretion. If Manager is unable to collect and/or acceptably settle amounts due from a Resort Guest through demands and/or negotiation, Manager will advise Unit Owner and Unit Owner may elect to commence litigation against Resort Guest therefor at Unit Owner’s sole cost. Manager shall assist Unit Owner by providing information regarding the damage and the identity and contact information of the Resort Guest. Manager, however, shall be responsible for, and shall repair or replace at Manager’s expense, damage caused by Manager’s employees.
Appears in 2 contracts
Sources: Rental Management Agreement, Rental Management Agreement