Common use of Nonperformance Clause in Contracts

Nonperformance. Manager may terminate this Agreement in the event -------------- that in any two consecutive fiscal quarters the Manager has not been paid the Management Fee and, in the sole discretion of the Manager, it is not reasonably likely that the Management Fee will be paid in the next fiscal quarter. Any such termination shall be effective as of the last day of such third fiscal quarter provided at least ninety (90) days notice shall have been given; otherwise, such termination shall be effective on the sixtieth day after notice is given.

Nonperformance. Manager may terminate this Agreement in the event -------------- that in any two consecutive fiscal quarters the Manager has not been paid all of the Reimbursable Expense Portion and at least three-quarters (3/4) of the Percentage Fee Portion of the Management Fee and, in the sole discretion of the Manager, it is not reasonably likely that such amounts of the Management Fee will be paid in the next fiscal quarter. Any such termination shall be effective as of the last day of such third fiscal quarter provided at least ninety (90) 60 days notice shall have been given; otherwise, such termination shall be effective on the sixtieth day after notice is given.

Nonperformance. Manager may terminate this Agreement in the event that -------------- that in any two consecutive fiscal quarters the Manager has not been paid the Management Fee and, in the sole discretion of the Manager, it is not reasonably likely that the Management Fee will be paid in the next fiscal quarter. Any such termination shall be effective as of the last day of such third fiscal quarter provided at least ninety (90) 60 days notice shall have been given; otherwise, such termination shall be effective on the sixtieth day after notice is given.

Nonperformance. Manager may terminate this Agreement in -------------- the event -------------- that in any two consecutive fiscal quarters the Manager has not been paid the Management Fee and, in the sole discretion of the Manager, it is not reasonably likely that the Management Fee will be paid in the next fiscal quarter. Any such termination shall be effective as of the last day of such third fiscal quarter provided at least ninety (90) 60 days notice shall have been given; otherwise, such termination shall be effective on the sixtieth day after notice is given.

Nonperformance. Manager may terminate this Agreement -------------- in the event -------------- that in any two consecutive fiscal quarters the Manager has not been paid all of the Reimbursable Expense Portion and at lease one-half (1/2) of the Percentage Fee Portion (i.e. 10%) of the Management Fee and, in the sole discretion of the Manager, it is not reasonably likely that such amounts of the Management Fee will be paid in the next fiscal quarter. Any such termination shall be effective as of the last day of such third fiscal quarter provided at least ninety (90) 60 days notice shall have been given; otherwise, such termination shall be effective on the sixtieth day after notice is given.

Nonperformance. Manager may terminate this Agreement in the event -------------- that in any two (2) consecutive fiscal quarters the Manager has not been paid the Management Fee and, in the sole discretion of the Manager, it is not reasonably likely that the Management Fee will be paid in the next fiscal quarter. Any such termination shall be effective as of the last day of such third fiscal quarter provided at least ninety (90) days notice shall have been given; otherwise, such termination shall be effective on the sixtieth day after notice is given.

Nonperformance. Manager may terminate this Agreement in the -------------- event -------------- that in any two (2) consecutive fiscal quarters the Manager has not been paid the Management Fee and, in the sole discretion of the Manager, it is not reasonably likely that the Management Fee will be paid in the next fiscal quarter. Any such termination shall be effective as of the last day of such third fiscal quarter provided at least ninety (90) days notice shall have been given; otherwise, such termination shall be effective on the sixtieth day after notice is given.

Nonperformance. Manager may terminate this Agreement in the event -------------- that in any two consecutive fiscal quarters the Manager has not been paid the Management Fee and, in the sole discretion of the Manager, it is not reasonably likely that the Management Fee will be paid in the next fiscal quarter. Any such termination shall be effective as of the last day of such third fiscal quarter provided at least ninety sixty (9060) days notice shall have been given; otherwise, such termination shall be effective on the sixtieth day after notice is given.

Nonperformance. Manager may terminate this Agreement in the -------------- event -------------- that in any two consecutive fiscal quarters the Manager has not been paid the Management Fee and, in the sole discretion of the Manager, it is not reasonably likely that the Management Fee will be paid in the next fiscal quarter. Any such termination shall be effective as of the last day of such third fiscal quarter provided at least ninety sixty (9060) days notice shall have been given; otherwise, such termination shall be effective on the sixtieth day after notice is given.

Nonperformance. Manager may terminate this Agreement -------------- in the event -------------- that in any two (2) consecutive fiscal quarters the Manager has not been paid the Management Fee and, in the sole discretion of the Manager, it is not reasonably likely that the Management Fee will be paid in the next fiscal quarter. Any such termination shall be effective as of the last day of such third fiscal quarter provided at least ninety (90) days notice shall have been given; otherwise, such termination shall be effective on the sixtieth day after notice is given.