Common use of Final Accounting Clause in Contracts

Final Accounting. Within forty-five (45) days after the expiration or earlier termination of this Agreement for any reason, Property Manager shall: (a) deliver to the Company a final accounting, setting forth the balance of income and expenses on the Property as of the date of expiration or termination; (b) transfer to any account indicated by the Company any balance or monies of the Company or Tenant security deposits held by the Property Manager with respect to the Property (or transfer the accounts in which such sums are held as instructed by the Company); and (c) deliver to any subsequent property manager or other agent indicated by the Company all materials and supplies, keys, books and records, Service Contracts, Leases, receipts for deposits, unpaid bills and other papers or documents in Property Manager’s possession that pertain to the Property. For a period of forty-five (45) days after such expiration or termination for any reason other than Company’s default, Property Manager shall (x) be available, through its senior executives familiar with the Property, to consult with and advise Company or any person or entity succeeding to Company as owner of the Property or such other person or persons selected by Company regarding the operation and maintenance of the Property; (y) cooperate with Company in notifying all Tenants of the expiration and termination of this Agreement; and (z) shall use commercially reasonable efforts to cooperate with Company to accomplish an orderly transfer of the operation and management of the Property to a party designated by the Company, and Company shall pay to Property Manager its prorated share of the Property Management Fee for such services through the conclusion of such forty-five (45) day period. On or prior to the expiration or earlier termination of this Agreement, Property Manager shall, at its cost and expense, remove all signs wherever located indicating that it is the property manager for the Property and shall replace and repair any damage resulting from such removal. Neither the expiration nor the termination of this Agreement shall release either party from liability for failure to perform any of the duties or obligations as expressed herein or required hereunder to be performed by such party for the period before the termination.

Final Accounting. Within forty-five (45) days after the expiration or earlier Upon termination of this Agreement for any reason, Property Owner shall pay Manager shallan amount equal to the Management Fee due Manager, prorated to the date of termination, less any amounts which may be due Owner from Manager; and Manager shall deliver to Owner the following: (a) deliver to the Company a final accounting, setting forth the balance of income and expenses on the Property as of the date of expiration or termination, delivered within thirty (30) days after termination; (b) transfer to any account indicated by the Company any balance or monies of the Company Owner or Tenant tenant security deposits held by the Property Manager with respect to the Property (or transfer the accounts in which such sums are held as instructed by the Company)Property, delivered immediately upon termination; and (c) deliver to any subsequent property manager or other agent indicated by the Company all materials and supplies, keys, books and records, Service Contractscontracts, Leasesleases, receipts for deposits, unpaid bills and other papers or documents in Property Manager’s possession that which pertain to the Property, delivered within fifteen (15) days after termination. For a period of forty-five sixty (4560) days after such expiration or termination for any reason other than Company’s defaultcancellation, Property Manager shall (x) be available, through its senior executives familiar with the Property, to consult with and advise Company Owner or any person or entity succeeding to Company Owner as owner of the Property or such other person or persons selected by Company Owner regarding the operation and maintenance of the Property; (y) . In addition, Manager shall cooperate with Company Owner in notifying all Tenants tenants of the Property of the expiration and termination of this Agreement; , and (z) shall use commercially reasonable efforts to cooperate with Company Owner to accomplish an orderly transfer of the operation and management of the Property to a party designated by the Company, and Company shall pay to Property Manager its prorated share of the Property Management Fee for such services through the conclusion of such forty-five (45) day periodOwner. On or prior to the expiration or earlier termination of this Agreement, Property Manager shall, at its cost and expense, promptly remove all signs wherever located indicating that it is the property manager for the Property and shall replace and repair any damage resulting from such removaltherefrom. Neither the expiration nor the termination Termination of this Agreement shall not release either party from liability for failure to perform any of the duties or obligations as expressed herein or and required hereunder to be performed by such party for the period before prior to the termination. Provisions of this Agreement that by their nature require a party to perform an obligation after termination in order to fulfil such obligation with respect to the period prior to termination shall survive the termination of this Agreement until fully performed.

Final Accounting. Within forty-five (45) days after the expiration or earlier termination of this Agreement for any reason, the Property Manager shall: (a) deliver to the Company Tenants in Common a final accounting, setting forth the balance of income and expenses on the Property Project as of the date of expiration or termination; (b) transfer to any account indicated by the Company Tenants in Common any balance or monies of the Company Tenants in Common or Tenant tenant security deposits held by the Property Manager with respect to the Property Project (or transfer the accounts in which such sums are held as instructed by the CompanyTenants in Common); and (c) deliver to any a subsequent property manager or other agent indicated by the Company Tenants in Common all materials and supplies, keys, books and records, Service Contractscontracts, Leasesleases, receipts for deposits, unpaid bills and other papers or documents in Property Manager’s possession that pertain to the PropertyProject. For a period of forty-five (45) days after such expiration or termination cancellation for any reason other than Company’s the Tenants in Common's default, the Property Manager shall (x) be available, through its senior executives familiar with the PropertyProject, to consult with and advise Company the Tenants in Common or any person or entity succeeding to Company the Tenants in Common as owner of the Property Project or such other person or persons selected by Company the Tenants in Common regarding the operation and maintenance of the Property; (y) Project. In addition, the Property Manager shall cooperate with Company the Tenants in Common in notifying all Tenants tenants of the Project of the expiration and termination of this Agreement; , and (z) shall use commercially reasonable efforts to cooperate with Company the Tenants in Common to accomplish an orderly transfer of the operation and management of the Property Project to a party designated by the Company, and Company shall pay to Tenants in Common. The Property Manager shall receive its prorated share of the Property monthly Management Fee for such services through the conclusion of such forty-five (45) day periodservices. On or prior to the expiration or earlier termination of this Agreement, The Property Manager shall, at its cost and expense, promptly remove all signs wherever located indicating that it is the property manager for the Property Manager and shall replace and repair any damage resulting from such removaltherefrom. Neither the expiration nor the termination Termination of this Agreement shall not release either party from liability for failure to perform any of the duties or obligations as expressed herein or and required hereunder to be performed by such party for the period before the termination.

Final Accounting. Within forty-five (45) days after the expiration or earlier Upon termination of this Agreement for any reason, Property Owner shall pay Manager shallan amount equal to the Management Fee due Manager, prorated to the date of termination, less any amounts which may be due Owner from Manager; and Manager shall deliver to Owner the following: (a) deliver to the Company a final accounting, setting forth the balance of income and expenses on the Property as of the date of expiration or termination, delivered within thirty (30) days after termination; (b) transfer to any account indicated by the Company any balance or monies of the Company Owner or Tenant tenant security deposits held by the Property Manager with respect to the Property (or transfer the accounts in which such sums are held as instructed by the Company)Property, delivered immediately upon termination; and (c) deliver to any subsequent property manager or other agent indicated by the Company all materials and supplies, keys, books and records, Service Contractscontracts, Leasesleases, receipts for deposits, unpaid bills and other papers or documents in Property Manager’s possession that which pertain to the Property, delivered within fifteen (15) days after termination. For a period of forty-five sixty (4560) days after such expiration or termination for any reason other than Company’s defaultcancellation, Property Manager shall (x) be available, through its senior executives familiar with the Property, to consult with and advise Company Owner or any person or entity succeeding to Company Owner as owner of the Property or such other person or persons selected by Company Owner regarding the operation and maintenance of the Property; (y) . In addition, Manager shall cooperate with Company Owner in notifying all Tenants tenants of the Property of the expiration and termination of this Agreement; , and (z) shall use commercially reasonable efforts to cooperate with Company Owner to accomplish an orderly transfer of the operation and management of the Property to a party designated by the Company, and Company shall pay to Property Manager its prorated share of the Property Management Fee for such services through the conclusion of such forty-five (45) day periodOwner. On or prior to the expiration or earlier termination of this Agreement, Property Manager shall, at its cost and expense, promptly remove all signs wherever located indicating that it is the property manager for the Property and shall replace and repair any damage resulting from such removaltherefrom. Neither the expiration nor the termination Termination of this Agreement shall not release either party from liability for failure to perform any of the duties or obligations as expressed herein or and required hereunder to be performed by such party for the period before prior to the termination. Provisions of this Agreement that by their nature require a party to perform an obligation after termination in order to such obligation with respect to the period prior to termination shall survive the termination of this Agreement until fully performed.

Final Accounting. Within forty-five thirty (4530) days after the expiration or earlier termination of this Agreement for any reason, the Property Manager shall: (a) deliver to the Company Tenants in Common a final accounting, setting forth the balance of income and expenses on the Property Project as of the date of expiration or termination; (b) transfer to any account indicated by the Company Tenants in Common any balance or monies of the Company Tenants in Common or Tenant tenant security deposits held by the Property Manager with respect to the Property Project (or transfer the accounts in which such sums are held as instructed by the CompanyTenants in Common); and (c) deliver to any a subsequent property manager or other agent indicated by the Company Tenants in Common all materials and supplies, keys, books and records, Service Contractscontracts, Leasesleases, receipts for deposits, unpaid bills and other papers or documents in Property Manager’s possession that pertain to the PropertyProject. For a period of forty-five thirty (4530) days after such expiration or termination cancellation for any reason other than Company’s the Tenants in Common's default, the Property Manager shall (x) be available, through its senior executives familiar with the PropertyProject, to consult with and advise Company the Tenants in Common or any person or entity succeeding to Company the Tenants in Common as owner of the Property Project or such other person or persons selected by Company the Tenants in Common regarding the operation and maintenance of the Property; (y) Project. In addition, the Property Manager shall cooperate with Company the Tenants in Common in notifying all Tenants tenants of the Project of the expiration and termination of this Agreement; , and (z) shall use commercially reasonable efforts to cooperate with Company the Tenants in Common to accomplish an orderly transfer of the operation and management of the Property Project to a party designated by the Company, and Company shall pay to Tenants in Common. The Property Manager shall receive its prorated share of the Property monthly Management Fee for such services through the conclusion of such forty-five (45) day periodservices. On or prior to the expiration or earlier termination of this Agreement, The Property Manager shall, at its cost and expense, promptly remove all signs wherever located indicating that it is the property manager for the Property Manager and shall replace and repair any damage resulting from such removaltherefrom. Neither the expiration nor the termination Termination of this Agreement shall not release either party from liability for failure to perform any of the duties or obligations as expressed herein or and required hereunder to be performed by such party for the period before the termination.

Final Accounting. Within forty-five (45) days Upon any termination of this Agreement, each party shall continue to be liable for its respective obligations which have accrued up to and including the termination date and shall promptly pay to the other all amounts due the other party under the terms of this Agreement. Such payment shall be made as soon after the expiration or earlier effective date of termination as such amounts are determinable. Upon termination of this Agreement for any reason, Property Manager shallshall deliver the following to Owner at Owner’s notice address set forth below: (a) deliver to the Company — a final accounting, setting forth reflecting the balance of income and expenses on the Property as of the date of expiration or termination, to be delivered within fifteen (15) days after such termination; (b) transfer to any account indicated by the Company any balance or — all monies of the Company or Tenant security deposits Owner held by Manager and/or in any bank account (including, without limitation, the Property Operating Account) and any and all monies due Owner which are received by Manager with respect to the Property (after termination; — all keys or transfer the accounts in which such sums are held as instructed by the Company); and (c) deliver to any subsequent property manager or other agent indicated by the Company all materials and suppliesaccess cards, keys, books and records, Service Contractscontracts, Leasesleases, receipts for deposits, unpaid bills and other papers or documents in Property Manager’s possession that which pertain to the PropertyProperty or to this Agreement as Owner may reasonably request, to be delivered immediately. For a period of forty-five (45) days after such expiration or termination for any reason other than Company’s defaultIf requested in writing, Property Manager shall (x) be availablegranted reasonable access to Property records after delivery to Owner and shall be permitted to copy such records at its expense. Manager shall assign all licenses, through its senior executives familiar with the Propertypermits and other agreements, if any, to consult with and advise Company Owner which Manager has entered into or any person obtained for the benefit of Owner or entity succeeding to Company as owner of the Property or such other person or persons selected by Company regarding the operation and maintenance of the Property; (y) cooperate with Company and — Manager shall forthwith surrender and deliver to Owner any space in notifying the Property occupied by Manager. Manager shall furnish all Tenants of the expiration such information and take all such action as Owner shall require in order to effectuate an orderly and systematic termination of Manager’s duties and activities under this Agreement; and (z) shall use commercially reasonable efforts . Manager hereby grants a power of attorney to cooperate Owner to endorse any checks received in connection with Company to accomplish an orderly transfer of the operation and management of the Property to a party designated by the Company, and Company shall pay to Property Manager its prorated share of the Property Management Fee for such services through the conclusion of such forty-five (45) day period. On or prior to the expiration or earlier termination of this Agreement, Property Manager shall, at its cost and expense, remove all signs wherever located indicating that it is the property manager for the Property and shall replace hereby assigns to Owner effective upon the date of such termination any and repair any damage resulting from such removal. Neither all rights Manager may have in and to the expiration nor the termination of this Agreement shall release either party from liability for failure to perform any of the duties or obligations as expressed herein or required hereunder to be performed by such party for the period before the terminationProperty records.

Final Accounting. Within forty-five (45) days after the expiration or earlier termination of this Agreement for any reason, the Property Manager shallshall deliver to the Property Owner the following: (a) deliver to the Company a final accounting, setting forth the balance of income and expenses on the Property Project as of the date of expiration or termination; (b) transfer to any account indicated by the Company Property Owner any balance or monies of the Company Property Owner or Tenant tenant security deposits held by the Property Manager with respect to the Property Project (or transfer the accounts in which such sums are held as instructed by the CompanyProperty Owner); and (c) deliver to any a subsequent property manager or other agent indicated by the Company Property Owner all materials and supplies, keys, books and records, Service Contractscontracts, Leasesleases, receipts for deposits, unpaid bills and other papers or documents in Property Manager’s possession that which pertain to the PropertyProject. For a period of forty-five (45) days after such expiration or termination cancellation for any reason other than Companythe Property Owner’s default, the Property Manager shall (x) be available, through its senior executives familiar with the PropertyProject, to consult with and advise Company the Property Owner or any person or entity succeeding to Company the Property Owner as owner of the Property Project or such other person or persons selected by Company the Property Owner regarding the operation and maintenance of the Property; (y) Project. In addition, the Property Manager shall cooperate with Company the Property Owner in notifying all Tenants tenants of the Project of the expiration and termination of this Agreement; , and (z) shall use commercially reasonable efforts to cooperate with Company the Property Owner to accomplish an orderly transfer of the operation and management of the Property Project to a party designated by the Company, and Company shall pay to Property Owner. The Property Manager shall receive its prorated share of the monthly Property Management Fee for such services through the conclusion of such forty-five (45) day periodservices. On or prior to the expiration or earlier termination of this Agreement, The Property Manager shall, at its cost and expense, promptly remove all signs wherever located indicating that it is the property manager for the Property Manager and shall replace and repair any damage resulting from such removaltherefrom. Neither the expiration nor the termination Termination of this Agreement shall not release either party from liability for failure to perform any of the duties or obligations as expressed herein or and required hereunder to be performed by such party for the period before prior to the termination.

Final Accounting. Within forty-five (45) days after the expiration or earlier Upon termination of this Agreement for any reason, Property Owner shall pay Manager shallan amount equal to the Management Fee due Manager, prorated to the date of termination, less any amounts which may be due Owner from Manager; and Manager shall deliver to Owner the following: (a) deliver to the Company a final accounting, setting forth the balance of income and expenses on the Property as of the date of expiration or termination, delivered within thirty (30) days after termination; (b) transfer to any account indicated by the Company any balance or monies of the Company Owner or Tenant tenant security deposits held by the Property Manager with respect to the Property (or transfer the accounts in which such sums are held as instructed by the Company)Property, delivered immediately upon termination; and (c) deliver to any subsequent property manager or other agent indicated by the Company all materials and supplies, keys, books and records, Service Contractscontracts, Leasesleases, receipts for deposits, unpaid bills and other papers or documents in Property Manager’s possession that which pertain to the Property, delivered within fifteen (15) days after termination. For a period of forty-five sixty (4560) days after such expiration or termination for any reason other than Company’s defaultcancellation, Property Manager shall (x) be available, through its senior executives familiar with the Property, to consult with and advise Company Owner or any person or entity succeeding to Company Owner as owner of the Property or such other person or persons selected by Company Owner regarding the operation and maintenance of the Property; (y) . In addition, Manager shall cooperate with Company Owner in notifying all Tenants tenants of the Property of the expiration and termination of this Agreement; , and (z) shall use commercially reasonable efforts to cooperate with Company Owner to accomplish an orderly transfer of the operation and management of the Property to a party designated by the Company, and Company shall pay to Property Manager its prorated share of the Property Management Fee for such services through the conclusion of such forty-five (45) day periodOwner. On or prior to the expiration or earlier termination of this Agreement, Property Manager shall, at its cost and expense, promptly remove all signs wherever located indicating that it is the property manager for the Property and shall replace and repair any damage resulting from such removaltherefrom. Neither the expiration nor the termination Termination of this Agreement shall not release either party from liability for failure to perform any of the duties or obligations as expressed herein or and required hereunder to be performed by such party for the period before prior to the termination. Provisions of this Agreement that by their nature require a party to perform an obligation after termination in order to fulfill such obligation with respect to the period prior to termination shall survive the termination of this Agreement until fully performed.