Limitations On Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, the Shares or its other securities or (d) not be permitted by the
... Articles of Incorporation or Bylaws, except if such action shall be ordered by the Board, in which case the Advisor shall notify promptly the Board of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. In such event, the Advisor shall have no liability for acting in accordance with the specific instructions of the Board so given. Notwithstanding the foregoing, the Advisor, its directors, officers, employees and members, and partners, directors, officers, members and stockholders of the Advisor's Affiliates shall not be liable to the Company or to the Board or Stockholders for any act or omission by the Advisor, its directors, officers, employees, or members, and partners, directors, officers, members or stockholders of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section 21 of this Agreement.
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Limitations On Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company
Act, Act of 1940, (c) subject the Advisor to regulation under the Investment Advisers Act of 1940, or
(c) (d) violate any law, rule, regulation or statement of policy of any governmental body or agency havin
...g jurisdiction over the Company, the Shares Company or its other securities Securities, or (d) otherwise not be permitted by the Articles of Incorporation or Bylaws, Bylaws of the Company, except if such action shall be ordered by the Board, Directors, in which case the Advisor shall notify promptly the Board Directors of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. Directors. In such event, event the Advisor shall have no liability for acting in accordance with the specific instructions of the Board Directors so given. Notwithstanding the foregoing, the Advisor, its directors, Directors, officers, employees and members, stockholders, and partners, directors, officers, members stockholders, Directors and stockholders officers of the Advisor's Affiliates shall not be liable to the Company or to the Board Directors or Stockholders for any act or omission by the Advisor, its directors, officers, Directors, officers or employees, or members, and partners, directors, officers, members stockholders, Directors or stockholders officers of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section Paragraphs 20 and 21 of this Agreement. 8 8. Relationship with Directors. Directors, officers and employees of the Advisor or an Affiliate of the Advisor or any corporate parents of an Affiliate, or Directors, officers or stockholders of any director, officer or corporate parent of an Affiliate may serve as a Director and as officers of the Company, except that no director, officer or employee of the Advisor or its Affiliates who also is a Director or officer of the Company shall receive any compensation from the Company for serving as a Director or officer of the Company other than reasonable reimbursement for travel and related expenses incurred in attending meetings of the Directors of the Company.
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Limitations On Activities.
Anything else in this Agreement Notwithstanding anything herein to the
contrary notwithstanding, contrary, the Advisor shall refrain from taking any action which, in its sole
judgment, or in the sole judgment
of the Company, made in good faith, would (a) adversely affect the status of the Company as a REIT,
unless the Board has determined that REIT qualification is not in the best interests of the Company and its Stockholders, (b) subject the Company to regulation under the Investment Company
Ac...t, Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, the Shares Operating Partnership or its other securities the Common Shares, or (d) otherwise not be permitted by the Articles of Incorporation or Bylaws, By-laws, except if such action shall be ordered by the Board, in which case the Advisor shall notify promptly the Board of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. In such event, the Advisor shall have no liability for acting in accordance with the specific instructions of the Board so given. Notwithstanding the foregoing, the Advisor, its directors, officers, employees and members, and partners, directors, officers, members and stockholders of the Advisor's Affiliates shall not be liable to the Company or to the Board or Stockholders for any act or omission by the Advisor, its directors, officers, employees, or members, and partners, directors, officers, members or stockholders of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section 21 of this Agreement.
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Limitations On Activities.
Anything else in this Agreement Notwithstanding anything herein to the
contrary notwithstanding, contrary, the Advisor shall refrain from taking any action which, in its sole
judgment, or in the sole judgment
of the Company, made in good faith, would (a) adversely affect the status of the Company as a REIT,
unless the Board has determined that REIT qualification is not in the best interests of the Company and its Stockholders, (b) subject the Company to regulation under the Investment Company
Ac...t, Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, the Shares Operating Partnership or its other securities the Shares, or (d) otherwise not be permitted by the Articles of Incorporation or Bylaws, By-laws, except if such action shall be ordered by the Board, in which case the Advisor shall notify promptly the Board of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. In such event, the Advisor shall have no liability to the Company for acting in accordance with the specific instructions of the Board so given. Notwithstanding the foregoing, the Advisor, its directors, officers, employees and members, and partners, directors, officers, members and stockholders of the Advisor's Affiliates shall not be liable to the Company or to the Board or Stockholders for any act or omission by the Advisor, its directors, officers, employees, or members, and partners, directors, officers, members or stockholders of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section 21 of this Agreement.
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Limitations On Activities.
Anything else in this Agreement Notwithstanding anything herein to the
contrary notwithstanding, contrary, the Advisor shall refrain from taking any action which, in its sole
judgment, or in the sole judgment
of the Company, made in good faith, would (a) adversely affect the status of the Company as a REIT,
unless the Board has determined that REIT qualification is not in the best interests of the Company and its Stockholders, (b) subject the Company to regulation under the Investment Company
Ac...t, Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, the Shares Operating Partnership or its other securities the Shares, or (d) otherwise not be permitted by the Articles of Incorporation or Bylaws, By-laws, except if such action shall be ordered by the Board, in which case the Advisor shall notify promptly the Board of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. In such event, the Advisor shall have no liability for acting in accordance with the specific instructions of the Board so given. Notwithstanding the foregoing, the Advisor, its directors, officers, employees and members, and partners, directors, officers, members and stockholders of the Advisor's Affiliates shall not be liable to the Company or to the Board or Stockholders for any act or omission by the Advisor, its directors, officers, employees, or members, and partners, directors, officers, members or stockholders of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section 21 of this Agreement.
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Limitations On Activities.
Anything else in Notwithstanding any provision of this
Agreement to the contrary notwithstanding, Agreement, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, the
Shares Operating ...Partnership or its other securities their securities, or (d) otherwise not be permitted by the Articles Governing Instruments of Incorporation the Company or Bylaws, the Operating Partnership Agreement, except if such action shall be ordered by the Board, in which case the Advisor shall notify promptly the Board Trustee's of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. In such event, the Advisor shall have no liability for acting in accordance with the specific instructions of the Board so given. Notwithstanding the foregoing, the Advisor, its directors, governors, officers, employees and members, and partners, directors, officers, members and stockholders of the Advisor's Affiliates Advisor or an Affiliate of the Advisor shall not be liable to the Company Company, Operating Partnership or to the Board or Stockholders holders of their securities for any act or omission by the Advisor, its directors, officers, employees, or members, and partners, directors, officers, members or stockholders of the Advisor's Affiliates Advisor taken or omitted to be taken in the performance of their Advisor's duties under this Agreement except as provided in Section 21 of this Agreement.
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Limitations On Activities.
Anything else Notwithstanding any provision in this Agreement to the
contrary notwithstanding, contrary, the Advisor shall
refrain from taking not take any action
which, that, in its sole judgment made in good faith, would (a) adversely affect the
status ability of the Company
to qualify or continue to qualify as a
REIT, REIT under the Code unless the Board has determined that the Company will not seek or maintain REIT qualification for the Company, (b) subject the Company to regulation under th
...e Investment Company Act, or Act of 1940, as amended, (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, the its Shares or its other securities securities, (d) require the Advisor to register as a broker-dealer with the SEC, FINRA or (d) not be permitted by any state, or (e) violate the Articles of Incorporation or Bylaws, except if Bylaws. In the event that an action would violate any of (a) through (e) of the preceding sentence but such action shall be has been ordered by the Board, in which case the Advisor shall notify promptly the Board of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. In such event, the Advisor shall have no liability for acting in accordance with the specific instructions of the Board so given. Notwithstanding the foregoing, the Advisor, its directors, managers, officers, employees and members, and the partners, directors, officers, managers, members and stockholders of the Advisor's Affiliates shall not be liable to the Company or to the Board Directors or Stockholders for any act or omission by the Advisor, its directors, officers, employees, or members, and the partners, directors, officers, managers, members or stockholders of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section 21 24 of this Agreement.
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Limitations On Activities.
Anything Notwithstanding anything else in this Agreement to the
contrary notwithstanding, contrary, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company
Act, or Act of 1940, as amended, (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the
Company, the S...hares or its other Company (including federal and state securities laws), or (d) otherwise not be permitted by the Articles Articles, the Bylaws of Incorporation the Company or Bylaws, the OP Partnership Agreement; except if such action shall be ordered by the Board, in which case the Advisor shall notify promptly the Board of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. In such event, the Advisor shall have no liability for acting in accordance with the specific instructions of the Board so given. Notwithstanding the foregoing, the Advisor, its directors, officers, members, managers and employees and members, and partners, the directors, officers, members managers, stockholders, members, partners and stockholders employees of the Advisor's Affiliates shall not be liable to the Company or to the Board or Stockholders Operating Partnership for any act or omission by the Advisor, its directors, officers, employees, members, managers, employees or members, and partners, directors, officers, members or stockholders of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section 21 Sections 16 and 17 of this Agreement.
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Limitations On Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the
Company Corporation as a REIT, (b) subject the
Company Corporation to regulation under the Investment
Company Act, Corporation Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the
Company, the ...Corporation, its Shares or its other securities Securities, or (d) not otherwise 13not be permitted by the Articles Charter or Bylaws of Incorporation or Bylaws, the Corporation, except if such action shall be ordered by the Board, Board of Directors, in which case the Advisor shall notify promptly the Board of Directors of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. Board of Directors. In such event, event the Advisor shall have no liability for acting in accordance with the specific instructions of the Board of Directors so given. Notwithstanding the foregoing, the Advisor, its members, managers, directors, officers, employees and stockholders, and members, managers, stockholders, directors and partners, directors, officers, members and stockholders officers of the Advisor's Affiliates Affiliates, shall not be liable to the Company Corporation or to the Board of Directors or Stockholders stockholders for any act or omission by the Advisor, its members, managers, directors, officers, officers or employees, or stockholders, members, and partners, directors, officers, members managers, directors or stockholders officers of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section 21 Paragraph 19 of this Agreement.
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Limitations On Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the
Company Corporation as a REIT, (b) subject the
Company Corporation to regulation under the Investment
Company Act, Corporation Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the
Company, the ...Corporation, its Shares or its other securities Securities, or (d) otherwise not be permitted by the Articles Charter or Bylaws of Incorporation or Bylaws, the Corporation, except if such action shall be ordered by the Board, Board of Directors, in which case the Advisor shall notify promptly the Board of Directors of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. Board of Directors. In such event, event the Advisor shall have no liability for acting in accordance with the specific instructions of the Board of Directors so given. Notwithstanding the foregoing, the Advisor, its members, managers, directors, officers, employees and stockholders, and members, managers, stockholders, 11 directors and partners, directors, officers, members and stockholders officers of the Advisor's Affiliates Affiliates, shall not be liable to the Company Corporation or to the Board of Directors or Stockholders stockholders for any act or omission by the Advisor, its members, managers, directors, officers, officers or employees, or stockholders, members, and partners, directors, officers, members managers, directors or stockholders officers of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section 21 Paragraphs 19 of this Agreement.
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Limitations On Activities. Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the
Company Corporation as a REIT, (b) subject the
Company Corporation to regulation under the Investment
Company Act, Corporation Act of 1940, as amended, or (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the
Company, the ...Corporation, its Shares or its other securities Securities, or (d) otherwise not be permitted by the Articles Charter or Bylaws of Incorporation or Bylaws, the Corporation, except if such action shall be ordered by the Board, Board of Directors, in which case the Advisor shall notify promptly the Board of Directors of the Advisor's judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. Board of Directors. In such event, event the Advisor shall have no liability for acting in accordance with the specific instructions of the Board of Directors so given. Notwithstanding the foregoing, the Advisor, its members, managers, directors, officers, employees and stockholders, and members, managers, stockholders, directors and partners, directors, officers, members and stockholders officers of the Advisor's Affiliates Affiliates, shall not be liable to 12 the Company Corporation or to the Board of Directors or Stockholders stockholders for any act or omission by the Advisor, its members, managers, directors, officers, officers or employees, or stockholders, members, and partners, directors, officers, members managers, directors or stockholders officers of the Advisor's Affiliates taken or omitted to be taken in the performance of their duties under this Agreement except as provided in Section 21 Paragraph 19 of this Agreement.
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