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<br />--.-.---. -- .;--""""""'_.~~--~~-~.'~ <br /> <br />..- ,._~ . <br />~ <br /> <br />'"" ,~.~ ~ ,-:'~::- ...,,,. :.,......~--~ "-,~ "'----'-~ <br /> <br />__,' .,>,4: <br /> <br />~.. .'~~,"';'';''- .~ <br /> <br />4.3. Extraordinary Services. If Manager is requested or required to perform. <br />extraordinary services not customarily a part of the us~al services performed by managers of <br />similar properties, it is agreed by the parties hereto that Manager shall receive additional <br />compensation therefor in an equitable amount to be agreed upon between parties in good faith. <br />Such extraordinary services would include, without" limitation, assisting in the refinancing of <br />. Property and providing construction design or space planning services. If the parties cannot <br />agree on the amount ot'such additional compensation~ said matter shall be submitted to binding <br />arbitration in accordance with the rules of the American Arbitration Association. <br /> <br />:" <br /> <br />4.4. Compensation Review. It is the intention of both Owner and Manager that <br />Manager receive fair and reasonable compensation. for the performance of its management <br />duties specified herein. Accordingly, Owner and Manager agree to review the schedule of <br />compensation of Manager set forth on Exhibit B hereto upon written request of either party, <br />given by either party not more often than once every tvm (2) calendar years during the term <br />hereof. If applicable, Owner and Manager agree to negotiate in good faith a revised <br />compensation schedule in the event that the compensation paid to Manager by Owner <br />hereunder either materially exceeds oris ,materially less than compensation currently being <br />paid to other property managers of similar reputation and quality for similar services within the <br />geographical area in which Property is located. If Owner and Manager cannot reasonably agree <br />on a revised compensation schedule within thirty (30) days after written notice of request for <br />such compensation review by either party, any remaining disputes, shall be settled by <br />arbitration in accordance with the rules established by the American Arbitration Association. <br />Such arbitration shall be held within the city in which the Property in question is located. <br /> <br />ARTICLE V. <br /> <br />TERM <br /> <br />5.1. Term. This Agreement shall c;ommence on the 1st day of December, 2005 and <br />shall continue in full force and effect on a month to month basis thereafter, until the sanl.e shall <br />have been terminated in accordance with the provisions of this Article V. <br /> <br />5.2. Termination. Either party may terminate this Agreement without cause, upon 60 <br />days written notice to the other party. <br /> <br />5.3. Final Accounting. Upon termination of this Agreement for any reason or the <br />withdrawal of any Property, Manager shall deliver to O'i'mer the following with respect to each <br />Property or with respectto the Property withdravv:n, as the case.may be: <br /> <br />(a) a final accounting, reflecting the balance of income and expenses on each such <br />Property as of the date of termination or withdrawal to be delivered within thirty (30) <br />days after suchtennination or withdrawal; <br /> <br />-6- <br /> <br />P7 <br />