Financial Operating Statements

FINANCIAL OPERATING STATEMENTS

This Financial Operating Statements and Services Agreement (the Agreement) is entered into by and between Client Name: and Service Provider: . Effective Date:

WHEREAS

WHEREAS, the Service Provider has expertise in preparing, compiling, and delivering periodic financial operating statements and reports detailing revenues, operating expenses, capital expenditures and related operating metrics; and

WHEREAS, the Client desires to engage the Service Provider to prepare Financial Operating Statements for the reporting periods and scope set forth below, and the Service Provider agrees to prepare such statements in accordance with the terms of this Agreement; and

WHEREAS, the parties intend that the Financial Operating Statements delivered under this Agreement will be used for operational oversight, budgeting, and financing decisions and not as audited financial statements unless expressly provided in writing.

SCOPE OF WORK

Reporting Frequency: Monthly Quarterly Annual

FINANCIAL STATEMENT DETAILS

Reporting Period Start: Month Day Year

Reporting Period End: Month Day Year

Total Gross Revenues: $

Operating Expenses (total): $

Net Operating Income (NOI): $

Other Income: $ Depreciation: $

Capital Expenditures: $ Adjustments/Notes:

PAYMENT TERMS

Fee for services: The Client shall pay the Service Provider the total fee of $ for the services described above, subject to the schedule below.

Payment is due within days of invoice. Late payments shall accrue interest at or the maximum rate permitted by applicable law, whichever is lower. The Client shall also be responsible for reasonable collection costs and attorneys' fees incurred by the Service Provider in collecting overdue amounts.

TERM AND TERMINATION

Term Start: . Term End: . Either party may terminate this Agreement for convenience upon prior written notice of days to the other party. Termination for cause may occur immediately upon material breach that remains uncured for a period of 10 days after written notice of such breach.

CONFIDENTIALITY

Each party acknowledges that during the course of performance it may receive Confidential Information of the other party. "Confidential Information" includes non-public financial data, operating metrics, projections, tenant information, and all documents labeled confidential. The receiving party shall (i) use Confidential Information solely for performance under this Agreement, (ii) protect Confidential Information with reasonable care no less than that used to protect its own confidential materials, and (iii) not disclose Confidential Information to third parties except to employees or contractors with a need to know who are bound by confidentiality obligations at least as protective as those herein. Confidential Information shall not include information that is or becomes publicly available other than by a breach hereof or information independently developed without reference to the Confidential Information.

The obligation of confidentiality shall survive termination or expiration of this Agreement for a period of three (3) years; provided, however, trade secrets shall remain protected for as long as they qualify as trade secrets under applicable law.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state specified for governing law: , without regard to principles of conflicts of law. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the governing jurisdiction for any dispute arising out of or related to this Agreement.

ENTIRE AGREEMENT

This Agreement, together with any schedules or exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral. Any amendment to this Agreement must be made in writing and signed by authorized representatives of both parties.

NOTICES

CERTIFICATION

The undersigned certify that the information contained in the Financial Operating Statements delivered under this Agreement will be, to the best of their knowledge and belief, true, accurate and complete in all material respects as of the reporting period, and that such statements have been prepared in accordance with the Scope of Work and applicable accounting policies described herein. The Service Provider represents that it will exercise due professional care in the preparation of such statements.

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