Common use of The Accountant Clause in Contracts

The Accountant. Xxxxxx & Associates shall be retained as the initial accountant for the Company (the "ACCOUNTANT") for the Fiscal Year ending December 31, 2004 and shall prepare the 2004 tax return of the Company subject to the review and written approval of the Tax Matters Member and the Manager. Except as provided in Section 7.5.G hereof, the fees and expenses of the Accountant shall be a Company expense. Upon reasonable advance notice to the Manager, any Member may, in its discretion and at such Member's expense, cause a nationally recognized accounting firm selected by such Member in its reasonable discretion to conduct an annual audit of the books, records and accounts of the Company, any Owner Entity or Additional Property Owner Entity (in addition to any audit conducted by the Accountant). In the event the Manager shall desire to terminate the employment of the Accountant after 2004, and to substitute another accountant therefor, the Manager shall designate another nationally recognized accounting firm. In such event, the Members shall take all actions necessary to cause the then-existing Accountant to fully cooperate in such transition and to provide all workpapers and other books and records to the new Accountant.

The Accountant. Xxxxxx & Associates shall be retained as the initial accountant for the Company (the "ACCOUNTANT") for the Fiscal Year ending December 31, 2004 and shall prepare the 2004 tax return of the Company subject to the review and written approval of the Tax Matters Member -43- and the Manager. Except as provided in Section 7.5.G hereof, the fees and expenses of the Accountant shall be a Company expense. Upon reasonable advance notice to the Manager, any Member may, in its discretion and at such Member's expense, cause a nationally recognized accounting firm selected by such Member in its reasonable discretion to conduct an annual audit of the books, records and accounts of the Company, any Owner Entity or Additional Property Owner Entity (in addition to any audit conducted by the Accountant). In the event the Manager shall desire to terminate the employment of the Accountant after 2004, and to substitute another accountant therefor, the Manager shall designate another nationally recognized accounting firm. In such event, the Members shall take all actions necessary to cause the then-existing Accountant to fully cooperate in such transition and to provide all workpapers and other books and records to the new Accountant.