f) Manager shall prepare and keep current monthly financial statements.
g) Owner shall have the right to audit manager’s books with respect to the building with
not less than 72 hours notice during reasonable business hours.
SECTION SIX
TERMINATION OF AGREEMENT
This agreement shall be terminated and except as to the liability for claims or
liabilities that shall have accrued or arisen prior to such termination, all obligations
hereunder shall cease upon the happening of any of the following events:
(a) Bankruptcy or Insolvency. In the event a petition in bankruptcy is filed by or
against either owner or manager, or in the event that either shall make any
assignment for the benefit of creditors or take advantage of any insolvency act,
either party hereto may forthwith terminate this agreement on ten (10) days’
notice in writing to the other party;
(b) Condemnation. On the taking of the entire or a substantial portion of the building
through lawful condemnation proceedings by any government body, either party
may terminate this agreement by service of thirty (30) days written notice by
certified mail to the other party;
(c) Suit or Action. If any suit or action is instituted by either party hereto in
connection with any controversy arising out of this agreement, owner or manager
shall have right to terminate the agreement on thirty (30) days notice to the other
party. The prevailing party in such action shall be entitled to recover, in addition
to cost of suit, such sum as the court may adjudge reasonable as attorney fees in
such suit or action and any appeal from any judgment or decree entered thereon;
and
(d) Breach of Obligation. If manager shall fail to deal properly with or account for
funds delivered to it under this agreement or by tenants of the building, owner
may terminate this agreement on ten (10) days written notice to manager.
Sale of Building. If owner sells its entire interest in the building, then this
(e)
agreement shall terminate on the effective date of such sale. Owner shall, in the
event of such sale, notify manager thereof at least thirty (30) days in advance of
the effective date of such sale.
PROPERTY MANAGEMENT AGREEMENT-3