6.A.(2) Comml Property Management Agreement for Redev Retail

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consistent with sound management. Nevertheless, subject to procedures prescribed the Owner and with the Owner's consent the Agent may lawfully terminate any tenancy with, in the Agent's judgment, sufficient cause of such termination exists under the terms of the tenant's lease. For this purpose, and after receiving approval from the Owner. the Agent is authorized to consult with the Owner's legal counsel to bring actions for eviction and to execute notices to vacate incident to such actions; provided, however, the Agent shall keep the Owner informed of such actions. Attorney fees and other necessary costs incurred are Property Expenses. The Agent will provide notices to Tenants of default on a timely basis and provide Owner with copies of all such notices. 10. MAINTENANCE AND REPAIR. a. Notwithstanding any of the foregoing provisions, the prior approval of the Owner will be required for any expenditure which exceeds Two Thousand Five Hundred Dollars (~"'.~t')~).O{~) in any once instance for labor, materials, or otherwise in connection with the maintenance and repair of the Property, except for recurrent expenses with the limits of the Operating Budget or for emergency repairs required because of danger to persons or property or to avoid suspension of any necessary service to the Property. In the event of an emergency, the Agent will attempt to contact the Owner as promptly as possible and consult with the Owner to determine fizrther action. 11. UTILITIES AND SERVICE. The Agent will arrange for service to the Property including but not limited to water, electricity, gas, sewage, trash removal, vermin extermination, the plowing of snow and the treatment of ice, landscaping, sweeping, litter control and all related services and will enter into contracts necessary to secure such utilities and services. All expenses therefore are Property Expenses. 12. ON-SITE PERSONNEL. All on-site personnel are employees of the Agent, who will hire, pay. supervise and discharge them. 13. DISBURSEMENT FROM THE OPERATING ACCOUNT. The Agent shall disburse monthly from the Operating Account payment for all Property Expenses due and payable as Property Expenses: provided, however, that the Agent shall under no circumstances be obligated or required to expend or advance its own funds for any purpose on behalf of the Owner or the Property whether or not such expenses are designated herein as Property Expenses. The Agent shall disburse any funds in excess of Ten Thousand Dollars ($10,000.00) after Operating Expenses are paid. 14. BUDGETS. The Agent will prepare a recommended annual operating budget for each fiscal year which begins during the term of this Agreement and will submit the proposed budget to the Owner on or before the first day of December of each