Agenda - Council - 12/14/2010 - Laserfiche WebLink

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4.3. Axtraordinary Services. If Manager is requested or required to perform extraordinary services not customarily a part of the usual services performed by managers of similar properties, it is agreed by the parties hereto that Manager shall receive additional compensation therefor in an equitable amount to be agreed upon between parties in .good faith. Such extraordinary services would include, without limitation, assisting in the refinancing of Property and providing.construction design or space planning services. If the parties cannot agree on the amount of such additional compensation, said matter shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. 4.4. Compensation Review. It is the intention of both Owner r and Manager t hat Manager receive fah and reasonable compensation for the perfo duties specified herein. Accordingly, Owner and Manager .agree to review the schedule of compensation of Manager set forth on Exhibit B hereto upon written request of either party, given by either party not more often than once every two (2) calendar years during the term hereof. If applicable, Owner and Manager agree to negotiate in good faith a revised compensation schedule in the event that the compensation paid to Manager by Owner hereunder either materially exceeds or is materially less than compensation currently being the paid to other property managers of similar reputation and quality nor reasonably services within gree geographical area in which Property is located. If Owner Manager cannot Oil a revised compensation schedule within' (30) days after written notice of request for such compensation review by either party, any remaining disputes. shall be settled by arbitration in accordance with the rules established by the American Arbitration Association. Such arbitration shall be held within the city in which the Property in question is located. ARTICLE V. TERM 5.1. Terra. This Agreement shall commence on the 1st day of December, 2005 and shall continue in full force and effect on a month to month basis thereafter, until the same shall have been terminated in accordance with the provisions of this Article V. 5.2. Termination. Either party may terminate this Agreement without cause, upon 60 days written notice to the other party. 5.3. Final Accounting. Upon termination of this Agreement for any reason or the withdrawal of any Property, Manager shall deliver to Owner the following with respect to each Property or with respect to the Property withdrawn, as the case may be. (a) a final accounting, reflecting the balance of income and expenses within each such Property as of the date of termination or withdrawal to be delivered ( days after such termination or withdrawal; -6- P7