Agmt 2005 Nebraska Mercy Services Corp

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ARTICLE IV COMPENSATION, BUDGETS, AND ACCOUNTS 4. Compensation. 4.1 (a) Other Fees. No construction management, supervision or other fee will be paid to Manager by reason of the performance of any additional services by Manager on behalf of Agency unless Agency and Manager expressly agree otherwise in writing. (b) Business Plan. Within 30 days following the Effective Date, Manager will provide to Agency a forecast (the" Proposed Plan") reflecting (a) an itemization of the estimated receipts, disbursements, operational expenditures and capital expenditures for the ensuing calendar year, (b) a summary of the proposed lease terms, including without limitation rent and utility charges, (c) a copy of the proposed lease form, (d) a staffing plan for the Project indicating the number of employees, the salaries and fringe benefits payable and a description of the fidelity bond and workers compensation coverage maintained by Manager for such employees, (e) a listing of service contracts executed or proposed to be executed identifying the vendor, the services provided, the contract amount and the term of the contract. The Proposed Plan will be submitted for review and approval by the Agency, and Agency shall have the right to make any changes thereto in Agency's reasonable discretion. Following Agency approval, the Proposed Plan shall constitute the business plan for the Project for the ensuing year ("Business Plan"), and Manager shall manage and lease the project pursuant to such Business Plan. Manager will provide an update to Agency on a quarterly basis reflecting any changed information. Except in emergency, Manager will authorize no expense in the leasing, operating, marketing or management of the Project in excess of the amount allotted for such expense category pursuant to the Business Plan without Agency's prior consent. The Agency and the Manager may agree for a particular expense category on an amount that the Manager may exceed that amount allotted for the category in the Business Plan without having to obtain the Agency's prior consent. (c) Operatinq Account. One such account shall be the "Operating Account." Manager shall deposit into the Operating Account and hold in a fiduciary capacity all monies furnished by Agency and all funds received from the operation of the Project. The Manager will pay from the Operating Account all amounts authorized by the Business Plan. Upon the commencement of the term of this Agreement, Agency will provide to Manager an initial deposit in an amount sufficient to pay the first 3 month's operating expenses of the Project. To the extent the receipts of the Project are insufficient to pay operating expenses of the Project as the same become due, the Agency will provide such funds as are reasonably requested by the Manager by deposit to the Operating Account. 776633-4 Final