OWNER AN
ACCOUNTS PAYABLE LISTING THAT SETS FORTH ALL REMAINING UNPAID BILLS AND THEIR
DUE DATES.
8.3
SEGREGATION OF ACCOUNTS.
IF, PURSUANT TO THIS AGREEMENT, MANAGER
WILL MANAGE MORE THAN ONE PROPERTY, MANAGER WILL SEGREGATE THE INCOME AND
EXPENSES OF EACH PROPERTY SO THAT, UNLESS OWNER DIRECTS MANAGER OTHERWISE IN
WRITING, GROSS INCOME FROM EACH PROPERTY WILL BE APPLIED ONLY TO THE BILLS AND
CHARGES FROM SUCH PROPERTY.
8.4
CASH FLOW FORECASTING.
MANAGER WILL PREPARE A DETAILED CASH FLOW
ANALYSIS SUFFICIENT TO PROVIDE OWNER WITH A FORECAST OF ACCOUNT DEFICITS.
SUCH
FORECASTS WILL BE UPDATED MONTHLY, OR MORE FREQUENTLY AS DICTATED BY FIELD
CONDITIONS OR AS DIRECTED BY OWNER.
8.5
MANAGER NOT OBLIGATED TO FUND.
IN NO EVENT SHALL MANAGER HAVE ANY
OBLIGATION TO ADVANCE ANY OF ITS OWN FUNDS IN CONNECTION WITH THE PERFORMANCE OF
ITS OBLIGATIONS HEREUNDER UNLESS EXPRESSLY SO PROVIDED HEREIN.
UNLESS OWNER
OTHERWISE AGREES IN WRITING, OWNER SHALL NOT BE RESPONSIBLE FOR ANY INTEREST ON
FUNDS ADVANCED BY MANAGER ON OWNER'S BEHALF.
Article 9.
Sale or Financing of Property
9.1
COOPERATION WITH BROKER.
IF OWNER EXECUTES A LISTING AGREEMENT OR
OTHER BROKERAGE AGREEMENT WITH A BROKER (OTHER THAN MANAGER) OR AN AGREEMENT
DIRECTLY WITH A PRINCIPAL FOR THE SALE OR FINANCING OF THE PROPERTY, OR ANY
OTHER AGREEMENT RELATING TO THE TRANSFER OF OWNERSHIP OF THE PROPERTY, MANAGER
WILL COOPERATE WITH SUCH BROKER OR PRINCIPAL TO THE END THAT THE RESPECTIVE
ACTIVITIES OF MANAGER AND SUCH BROKER OR PRINCIPAL WILL BE CARRIED ON WITHOUT
FRICTION AND WITHOUT INTERFERENCE WITH TENANTS AND OCCUPANTS.
IN CONNECTION
WITH ANY SUCH SALE, FINANCING, OR OTHER TRANSFER, MANAGER WILL:
(A)
USE ALL REASONABLE EFFORTS TO RESEARCH AND CONFIRM THE ACCURACY OF
ANY REPRESENTATIONS AND WARRANTIES REGARDING THE PROPERTY THAT ARE MADE BY
OWNER;
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(B)
EXECUTE SUCH CONSENTS, ASSIGNMENTS, MANAGER ESTOPPELS, AND OTHER
DOCUMENTS AS OWNER MAY REASONABLY REQUEST;
(C)
PROVIDE SUCH OTHER SERVICES AS OWNER MAY REASONABLY REQUIRE; AND
(D)
PERMIT THE BROKER TO SHOW THE PROPERTY (AND ANY PRINCIPAL TO VIEW
SAME) DURING REASONABLE BUSINESS HOURS.
9.2
NO SALES/BROKERAGE COMMISSIONS.
MANAGER HEREBY ACKNOWLEDGES AND
AGREES THAT, UNLESS IT HAS BEEN ENGAGED BY OWNER PURSUANT TO A SEPARATE WRITTEN
AGREEMENT SIGNED BY OWNER, MANAGER HAS NOT BEEN ENGAGED HEREUNDER TO REPRESENT
OWNER IN CONNECTION WITH ANY CURRENT OR FUTURE SALE, FINANCING OR OTHER TRANSFER
OF THE PROPERTY AND HAS NO AUTHORITY TO REPRESENT OWNER IN CONNECTION THEREWITH
OR RIGHT TO ANY FEE, COMMISSION OR OTHER FORM OF COMPENSATION IN CONNECTION WITH
SALES, FINANCINGS, OR OTHER TRANSFERS, PROVIDED MANAGER, AS PART OF ITS SERVICES
HEREUNDER, AGREES TO COOPERATE WITH OWNER IN CONSUMMATING SUCH ACTIVITIES AS SET
FORTH IN SECTION 9.1.
Article 10.
Cooperation
10.1
COOPERATION.
SHOULD ANY CLAIMS, DEMANDS, SUITS OR OTHER LEGAL
PROCEEDINGS BE MADE OR INSTITUTED BY ANY PERSON AGAINST OR AFFECTING OWNER WHICH
ARISE OUT OF ANY OF THE MATTERS RELATING TO THIS AGREEMENT OR OTHERWISE, MANAGER
SHALL NOTIFY OWNER IMMEDIATELY UPON BECOMING AWARE OF SAME AND MANAGER SHALL
GIVE OWNER ALL PERTINENT INFORMATION POSSESSED BY MANAGER