HomeMy WebLinkAbout5,FEE-10-2000 13:41 FROM UNICO PROPERTIES, RENTONN TO 4307300 P.18
143 Non -reimbursable Costs. The following expenses or costs incurred by or on behalf of
Manager in connection with the management and leasing of any particular Property shall be at the sole cost
and expense of Manager and shall not be reimbursed by Owner:
(a) Cost of gross salary and wages, payroll taxes, insurance, workmen s compensation,
and other benefits of Managers personnel not identified in Schedule B (except as provided in
Section 10.2 above).
(b) Cost attributable to losses arising from gross negligence or fraud on the part of
Manager, its agents or employees.
(c) Cost of comprehensive crime insurance or fidelity bond purchased by Manager for
its own account.
(d) Cost of insurance purchased by Manager for its own account.
ARTICLE 1 (INSUFFICIENT GROSS INCOME
11.1 Priorities. If at any rime the cash flow from any particular Property shall not be sufficient to
pay the bills and charges which may be incurred with respect to such Property, or if such cash flow is
insufficient to pay the combined sum of both bills ant charges, Manager shall consult with Owner in order to
determine the priority for payment of such bills and charges.
11,2 Statement of Unpaid Items. Manager shall within two (2) business days submit to Owner a
statement of all remaining unpaid bills in order to determine the appropriate action to be taken.
,ARTICLE 12. SALE OF A PROPERTY
12.1 Manazer as Saies Broker. If Owner offers for sale any of the Properties, Manager shall be
retained as the exclu-.ve listing agent for such sale. Manager's fee shall be 0.75% of the selling p -ice, due
upon sale.
ARTICLE 13. COOPERATION
13.1 Cooperation. Should any claim, demand, suit or any other legal proceedings be made or
instituted by any person, against Owner, which arist out of any of the matters relating to this Agreement or
out of any matters relating to Manager's other obligations to Owner or to third parties, Manager shall give
Owner, upon Owner's request, all pertinent information and reasonable information in the defense or other
disposition thereof. Manager shall promptly notify Owner of any fire, material accident or other casualty,
condemnation proceedings, rezoning or other governmental order, lawsuit or threat thereof involving the
Property; and violations relative to the leasing, use, repair and maintenance of the Property under
governmental laws, rules, regulations, ordinances, or like provisions. Manager will not bear responsibility for
noncompliance unless such noncompliance is due to the willful' act or gross negligence of Manager or its
employees and Manager shall be entitled to receive from Owner reasonable fees and the expenses incurred by
off -site staff in connection with any such cooperation or incurred in assisting Owner following the expiration
or termination of this Agreement. Owner shall similarly cooperate with Manager should any claim, demand,
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