Other Activities of the Advisor. (a) Nothing herein contained shall prevent the Advisor or any of its Affiliates from engaging in or earning fees from other activities, including, without limitation, the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the Advisor or its Affiliates; nor shall this Agreement limit or restrict the right of any director, officer, manager, member, partner, employee or stockholder of the Advisor or its Affiliates to
...engage in or earn fees from any other business or to render services of any kind to any other Person and earn fees for rendering such services; provided, however, that the Advisor must devote sufficient resources to the Company's business to discharge its obligations to the Company under this Agreement. The Advisor may, with respect to any Investment in which the Company is a participant, also render advice and service to each and every other participant therein, and earn fees for rendering such advice and service. Specifically, it is contemplated that the Company may enter into joint ventures or other similar co-investment arrangements with certain Persons, and pursuant to the agreements governing such joint ventures or arrangements, the Advisor may be engaged to provide advice and service to such Persons, in which case the Advisor will earn fees for rendering such advice and service. For the avoidance of doubt, it is understood that neither the Company nor the Board has the authority to determine the salary, bonus or any other compensation paid by the Advisor to any Director, officer, member, partner, employee, or stockholder of the Advisor or its Affiliates, including any person who is also a director or officer employee of the Company. 16 (b) The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in a manner consistent with the terms of this Agreement. The Company acknowledges that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated to the Company and may provide services to Persons other than the Company and its Affiliates. (c) The Advisor shall be required to use commercially reasonable efforts to present continuing and suitable investment opportunities to the Company that are consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest—Conflict Resolution Procedures—Allocation of Investment Opportunities" in the Registration Statement shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor. The Advisor shall be required to notify the Board at least annually of Investments that have been purchased by other entities managed by the Advisor or its Affiliates for determination by the Board that the Advisor is fairly presenting investment opportunities to the Company.
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Other Activities of the Advisor.
(a) Nothing Except as set forth in this Section 14, nothing herein contained shall prevent the Advisor or any of its Affiliates from engaging in or earning fees from other activities,
including, without limitation, including the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the
Advisor Sponsor or its Affiliates; nor shall this Agreement limit or restrict the right of any director, officer,
manager, member, par
...tner, employee or stockholder of the Advisor or any of its Affiliates to engage in or earn fees from any other business or to render services of any kind to any other Person and earn fees for rendering such services; provided, however, that the Advisor must devote sufficient resources to the Company's business to discharge its obligations to the Company under this Agreement. The Advisor may, with respect to any Investment investment in which the Company is a participant, also render advice and service to each and every other participant therein, and earn fees for rendering such advice and service. Specifically, it is contemplated that the Company may enter into joint ventures Joint Ventures or other similar co-investment arrangements with certain Persons, and pursuant to the agreements governing such joint ventures Joint Ventures or arrangements, the Advisor may be engaged to provide advice and service to such Persons, in which case the Advisor will earn fees for rendering such advice and service. For the avoidance of doubt, it is understood that neither the Company nor The Advisor shall report to the Board the existence of any condition or circumstance, existing or anticipated, of which it has knowledge, which creates or could create a conflict of interest between the authority to determine the salary, bonus or any other compensation paid by the Advisor to any Director, officer, member, partner, employee, or stockholder of the Advisor or its Affiliates, including any person who is also a director or officer employee of the Company. 16 (b) The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in a manner consistent with the terms of this Agreement. The Company acknowledges that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated Advisor's obligations to the Company and its obligations to or its interest in any other Person. Before the Advisor may provide services take advantage of an investment opportunity for its own account or recommend it to Persons other than others, the Company and its Affiliates. (c) The Advisor shall be required to use commercially reasonable efforts is obligated to present continuing and suitable investment opportunities to the Company that are consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment such opportunity to the Company even if (a) such opportunity is compatible with the Company's investment objectives and policies, (b) such opportunity is of a character that, if presented to the Company, which could be taken by the Company. In Company, and (c) the event Company has the financial resources to take advantage of such opportunity. 14 If an investment opportunity becomes available that is located, the allocation procedure set forth under the caption "Conflicts of Interest—Conflict Resolution Procedures—Allocation of Investment Opportunities" in the Registration Statement shall govern the allocation of the opportunity among suitable for both the Company and Affiliates of the Advisor. The Advisor shall be required to notify the Board at least annually of Investments that have been purchased by other entities managed by a public or private entity with which the Advisor or its Affiliates are affiliated for determination which both entities have sufficient uninvested funds, and the requirements of the preceding paragraph have been satisfied, then the entity that has had the longest period of time elapse since it was offered an investment opportunity will first be offered the investment opportunity. In determining whether or not an investment opportunity is suitable for more than one entity, the Board and the Advisor will examine such factors, among others, as the cash requirements of each entity, the effect of the acquisition both on diversification of each entity's investments by type of property and geographic area and on diversification of the tenants of its properties, the policy of each entity relating to leverage of properties, the anticipated cash flow of each entity, the income tax effects of the purchase to each entity, the size of the investment and the amount of funds available to each program and the length of time such funds have been available for investment. If a subsequent development, such as a delay in the closing of the acquisition of such investment or a delay in the construction of a property, causes any such investment, in the opinion of the Board and the Advisor, to be more appropriate for an entity other than the entity that committed to make the investment, the Advisor may determine that the other entity affiliated with the Advisor or its Affiliates will make the investment. It shall be the duty of the Board, including the Independent Directors, to ensure that the method used by the Board that Advisor for the Advisor allocation of the acquisition of investments by two or more affiliated programs seeking to acquire similar types of Assets is applied fairly presenting investment opportunities to the Company.
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Other Activities of the Advisor.
(a) Nothing herein contained shall prevent the Advisor or any of its Affiliates from engaging in or earning fees from other activities, including, without limitation, the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the Advisor or its Affiliates; nor shall this Agreement limit or restrict the right of any
member, manager, director, officer,
manager, member, partner, employee employee, or stockholder of the Ad
...visor or its Affiliates to engage in or earn fees from any other business or to render services of any kind to any other Person partnership, corporation, firm, individual, trust or association and earn fees for rendering such services; provided, however, that the Advisor must devote sufficient resources to the Company's business to discharge its obligations to the Company under this Agreement. services. The Advisor may, with respect to any Investment investment in which the Company Corporation is a participant, also render advice and service to each and every other participant therein, and earn fees for rendering such advice and service. Specifically, it It is contemplated that the Company Corporation may enter into joint ventures or other similar co-investment arrangements with certain Persons, and pursuant to the agreements governing such joint ventures or arrangements, the Advisor may be engaged (directly or indirectly) to provide advice and service to such Persons, in which case the Advisor will earn fees for rendering such advice and service. For The parties to this Agreement hereby acknowledge that the avoidance of doubt, it is understood Advisor may provide advice and render services to Persons that neither will compete with the Company nor Corporation for investments. The Advisor shall report to the Board the existence of any condition or circumstance, existing or anticipated, of which it has knowledge, which creates or could create a conflict of interest between the authority Advisor's obligations to determine the salary, bonus Corporation and its obligations to or its interest in any other compensation paid by the Advisor to any Director, officer, member, partner, employee, partnership, corporation, limited liability company, firm, individual, trust or stockholder of the association. The Advisor or its Affiliates, including any person who is also a director Affiliates shall promptly disclose to the Board knowledge of such condition or officer employee circumstance. If the Advisor, its members, managers, directors, employees or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Corporation, it shall be the duty of the Company. 16 (b) The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote Independent Directors to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in a manner consistent with the terms of this Agreement. The Company acknowledges ensure that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated follow the method approved by the Independent Directors, by which investments are to be allocated to the Company competing investment entities and may provide services to Persons other than use their reasonable efforts to ensure that such method is applied fairly to the Company and its Affiliates. (c) Corporation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment opportunities program to the Company that are Corporation which is consistent with the investment policies and objectives of the Company, Corporation, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company Corporation even if the opportunity is of character that, which, if presented to the Company, Corporation, could be taken by the Company. Corporation. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest—Conflict Resolution Procedures—Allocation Procedures" in any Prospectus (as such procedures may be amended from time to time by a majority of Investment Opportunities" in the Registration Statement Board, including the Independent Directors) shall govern the allocation of the opportunity among the Company Corporation and Affiliates of the Advisor. The 20 14. TERM; TERMINATION OF AGREEMENT. This Agreement shall continue in force for a period of one year from July 1, 2017, subject to an unlimited number of successive one-year renewals upon mutual consent of the parties. It is the duty of the Independent Directors to evaluate the performance of the Advisor annually before renewing the Agreement, and each such renewal shall be required to notify the Board at least annually for a term of Investments that have been purchased by other entities managed by the Advisor or its Affiliates for determination by the Board that the Advisor is fairly presenting investment opportunities to the Company. no more than one year.
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Other Activities of the Advisor.
(a) Nothing herein contained shall prevent the Advisor or any of its Affiliates from engaging in or earning fees from other activities, including, without limitation, the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the Advisor or its Affiliates; nor shall this Agreement limit or restrict the right of any
member, manager, director, officer,
manager, member, partner, employee employee, or stockholder of the Ad
...visor or its Affiliates to engage in or earn fees from any other business or to render services of any kind to any other Person partnership, corporation, firm, individual, trust or association and earn fees for rendering such services; provided, however, that the Advisor must devote sufficient resources to the Company's business to discharge its obligations to the Company under this Agreement. services. The Advisor may, with respect to any Investment investment in which the Company Corporation is a participant, also render advice and service to each and every other participant therein, and earn fees for rendering such advice and service. Specifically, it It is contemplated that the Company Corporation may enter into joint ventures or other similar co-investment arrangements with certain Persons, and pursuant to the agreements governing such joint ventures or arrangements, the Advisor may be engaged (directly or indirectly) to provide advice and service to such Persons, in which case the Advisor will earn fees for rendering such advice and service. For The parties to this Agreement hereby acknowledge that the avoidance of doubt, it is understood Advisor may provide advice and render services to Persons that neither will compete with the Company nor Corporation for investments. The Advisor shall report to the Board the existence of any condition or circumstance, existing or anticipated, of which it has knowledge, which creates or could create a conflict of interest between the authority Advisor's obligations to determine the salary, bonus Corporation and its obligations to or its interest in any other compensation paid by the Advisor to any Director, officer, member, partner, employee, partnership, corporation, limited liability company, firm, individual, trust or stockholder of the association. The Advisor or its Affiliates, including any person who is also a director Affiliates shall promptly disclose to the Board knowledge of such condition or officer employee circumstance. If the Advisor, its members, managers, directors, employees or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Corporation, it shall be the duty of the Company. 16 (b) The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote Independent Directors to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in a manner consistent with the terms of this Agreement. The Company acknowledges ensure that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated follow the method approved by the Independent Directors, by which investments are to be allocated to the Company competing investment entities and may provide services to Persons other than use their reasonable efforts to ensure that such method is applied fairly to the Company and its Affiliates. (c) Corporation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment opportunities program to the Company that are Corporation which is consistent with the investment policies and objectives of the Company, Corporation, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company Corporation even if the opportunity is of character that, which, if presented to the Company, Corporation, could be taken by the Company. Corporation. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest—Conflict Resolution Procedures—Allocation Procedures" in any Prospectus (as such procedures may be amended from time to time by a majority of Investment Opportunities" in the Registration Statement Board, including the Independent Directors) shall govern the allocation of the opportunity among the Company Corporation and Affiliates of the Advisor. The 14 14. TERM; TERMINATION OF AGREEMENT. This Agreement shall continue in force for a period of one year from the date hereof, subject to an unlimited number of successive one-year renewals upon mutual consent of the parties. It is the duty of the Independent Directors to evaluate the performance of the Advisor annually before renewing the Agreement, and each such renewal shall be required to notify the Board at least annually for a term of Investments that have been purchased by other entities managed by the Advisor or its Affiliates for determination by the Board that the Advisor is fairly presenting investment opportunities to the Company. no more than one year.
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Other Activities of the Advisor.
(a) Nothing herein contained shall prevent the Advisor or any of its Affiliates from engaging in or earning fees from other activities, including, without limitation, the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the Advisor or its Affiliates; nor shall this Agreement limit or restrict the right of any
member, manager, director, officer,
manager, member, partner, employee employee, or stockholder of the Ad
...visor or its Affiliates to engage in or earn fees from any other business or to render services of any kind to any other Person partnership, corporation, firm, individual, trust or association and earn fees for rendering such services; provided, however, that the Advisor must devote sufficient resources to the Company's business to discharge its obligations to the Company under this Agreement. services. The Advisor may, with respect to any Investment investment in which the Company Corporation is a participant, also render advice and service to each and every other participant therein, and earn fees for rendering such advice and service. Specifically, it It is contemplated that the Company Corporation may enter into joint ventures or other similar co-investment arrangements with certain Persons, and pursuant to the agreements governing such joint ventures or arrangements, the Advisor may be engaged (directly or indirectly) to provide advice and service to such Persons, in which case the Advisor will earn fees for rendering such advice and service. For The parties to this Agreement hereby acknowledge that the avoidance of doubt, it is understood Advisor may provide advice and render services to Persons that neither will compete with the Company nor Corporation for investments. The Advisor shall report to the Board the existence of any condition or circumstance, existing or anticipated, of which it has knowledge, which creates or could create a conflict of interest between the authority Advisor's obligations to determine the salary, bonus Corporation and its obligations to or its interest in any other compensation paid by the Advisor to any Director, officer, member, partner, employee, partnership, corporation, limited liability company, firm, individual, trust or stockholder of the association. The Advisor or its Affiliates, including any person who is also a director Affiliates shall promptly disclose to the Board knowledge of such condition or officer employee circumstance. If the Advisor, its members, managers, directors, employees or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Corporation, it shall be the duty of the Company. 16 (b) The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote Independent Directors to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in a manner consistent with the terms of this Agreement. The Company acknowledges ensure that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated follow the method approved by the Independent Directors, by which investments are to be allocated to the Company competing investment entities and may provide services to Persons other than use their reasonable efforts to ensure that such method is applied fairly to the Company and its Affiliates. (c) Corporation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment opportunities program to the Company that are Corporation which is consistent with the investment policies and objectives of the Company, Corporation, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company Corporation even if the opportunity is of character that, which, if presented to the Company, Corporation, could be taken by the Company. Corporation. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest—Conflict Resolution Procedures—Allocation Procedures" in any Prospectus (as such procedures may be amended from time to time by a majority of Investment Opportunities" in the Registration Statement Board, including the Independent Directors) shall govern the allocation of the opportunity among the Company Corporation and Affiliates of the Advisor. The 17 14. TERM; TERMINATION OF AGREEMENT. This Agreement shall continue in force for a period of one year from the effective date hereof, subject to an unlimited number of successive one-year renewals upon mutual consent of the parties. It is the duty of the Independent Directors to evaluate the performance of the Advisor annually before renewing the Agreement, and each such renewal shall be required to notify the Board at least annually for a term of Investments that have been purchased by other entities managed by the Advisor or its Affiliates for determination by the Board that the Advisor is fairly presenting investment opportunities to the Company. no more than one year.
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Other Activities of the Advisor.
(a) Nothing herein contained shall prevent the Advisor or any of its Affiliates from engaging in or earning fees from other activities, including, without limitation, the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the Advisor or its Affiliates; nor shall this Agreement limit or restrict the right of any
member, manager, director, officer,
manager, member, partner, employee employee, or stockholder of the Ad
...visor or its Affiliates to engage in or earn fees from any other business or to render services of any kind to any other Person partnership, corporation, firm, individual, trust or association and earn fees for rendering such services; provided, however, that the Advisor must devote sufficient resources to the Company's business to discharge its obligations to the Company under this Agreement. services. The Advisor may, with respect to any Investment investment in which the Company Corporation is a participant, also render advice and service to each and every other participant therein, and earn fees for rendering such advice and service. Specifically, it It is contemplated that the Company Corporation may enter into joint ventures or other similar co-investment arrangements with certain Persons, and pursuant to the agreements governing such joint ventures or arrangements, the Advisor may be engaged (directly or indirectly) to provide advice and service to such Persons, in which case the Advisor will earn fees for rendering such advice and service. For The parties to this Agreement hereby acknowledge that the avoidance of doubt, it is understood Advisor may provide advice and render services to Persons that neither will compete with the Company nor Corporation for investments. The Advisor shall report to the Board the existence of any condition or circumstance, existing or anticipated, of which it has knowledge, which creates or could create a conflict of interest between the authority Advisor's obligations to determine the salary, bonus Corporation and its obligations to or its interest in any other compensation paid by the Advisor to any Director, officer, member, partner, employee, partnership, corporation, limited liability company, firm, individual, trust or stockholder of the association. The Advisor or its Affiliates, including any person who is also a director Affiliates shall promptly disclose to the Board knowledge of such condition or officer employee circumstance. If the Advisor, its members, managers, directors, employees or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Corporation, it shall be the duty of the Company. 16 (b) The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote Independent Directors to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in a manner consistent with the terms of this Agreement. The Company acknowledges ensure that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated follow the method approved by the Independent Directors, by which investments are to be allocated to the Company competing investment entities and may provide services to Persons other than use their reasonable efforts to ensure that such method is applied fairly to the Company and its Affiliates. (c) Corporation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment opportunities program to the Company that are Corporation which is consistent with the investment policies and objectives of the Company, Corporation, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company Corporation even if the opportunity is of character that, which, if presented to the Company, Corporation, could be taken by the Company. Corporation. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest—Conflict Resolution Procedures—Allocation Procedures" in any Prospectus (as such procedures may be amended from time to time by a majority of Investment Opportunities" in the Registration Statement Board, including the Independent Directors) shall govern the allocation of the opportunity among the Company Corporation and Affiliates of the Advisor. The 14. TERM; TERMINATION OF AGREEMENT. This Agreement shall continue in force through and including May 1, 2022, subject to an unlimited number of successive one-year renewals upon mutual consent of the parties. It is the duty of the Independent Directors to evaluate the performance of the Advisor annually before renewing the Agreement, and each such renewal shall be required to notify the Board at least annually for a term of Investments that have been purchased by other entities managed by the Advisor or its Affiliates for determination by the Board that the Advisor is fairly presenting investment opportunities to the Company. no more than one year.
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Other Activities of the Advisor.
(a) Nothing herein contained shall prevent the Advisor or any of its Affiliates from engaging in or earning fees from other activities, including, without limitation, the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the Advisor or its Affiliates; nor shall this Agreement limit or restrict the right of any
member, manager, director, officer,
manager, member, partner, employee 21employee, or stockholder of th
...e Advisor or its Affiliates to engage in or earn fees from any other business or to render services of any kind to any other Person partnership, corporation, firm, individual, trust or association and earn fees for rendering such services; provided, however, that the Advisor must devote sufficient resources to the Company's business to discharge its obligations to the Company under this Agreement. services. The Advisor may, with respect to any Investment investment in which the Company Corporation is a participant, also render advice and service to each and every other participant therein, and earn fees for rendering such advice and service. Specifically, it It is contemplated that the Company Corporation may enter into joint ventures or other similar co-investment arrangements with certain Persons, and pursuant to the agreements governing such joint ventures or arrangements, the Advisor may be engaged (directly or indirectly) to provide advice and service to such Persons, in which case the Advisor will earn fees for rendering such advice and service. For The parties to this Agreement hereby acknowledge that the avoidance of doubt, it is understood Advisor may provide advice and render services to Persons that neither will compete with the Company nor Corporation for investments. The Advisor shall report to the Board the existence of any condition or circumstance, existing or anticipated, of which it has knowledge, which creates or could create a conflict of interest between the authority Advisor's obligations to determine the salary, bonus Corporation and its obligations to or its interest in any other compensation paid by the Advisor to any Director, officer, member, partner, employee, partnership, corporation, limited liability company, firm, individual, trust or stockholder of the association. The Advisor or its Affiliates, including any person who is also a director Affiliates shall promptly disclose to the Board knowledge of such condition or officer employee circumstance. If the Advisor, its members, managers, directors, employees or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Corporation, it shall be the duty of the Company. 16 (b) The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote Independent Directors to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in a manner consistent with the terms of this Agreement. The Company acknowledges ensure that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated follow the method approved by the Independent Directors, by which investments are to be allocated to the Company competing investment entities and may provide services to Persons other than use their reasonable efforts to ensure that such method is applied fairly to the Company and its Affiliates. (c) Corporation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment opportunities program to the Company that are Corporation which is consistent with the investment policies and objectives of the Company, Corporation, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company Corporation even if the opportunity is of character that, which, if presented to the Company, Corporation, could be taken by the Company. Corporation. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest—Conflict Resolution Procedures—Allocation Procedures" in any Prospectus (as such procedures may be amended from time to time by a majority of Investment Opportunities" in the Registration Statement Board, including the Independent Directors) shall govern the allocation of the opportunity among the Company Corporation and Affiliates of the Advisor. The Advisor shall be required to notify the Board at least annually of Investments that have been purchased by other entities managed by the Advisor or its Affiliates for determination by the Board that the Advisor is fairly presenting investment opportunities to the Company.
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Other Activities of the Advisor.
(a) Nothing herein contained shall prevent the Advisor or any of its Affiliates from engaging in or earning fees from other activities, including, without limitation, the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the Advisor or its Affiliates; nor shall this Agreement limit or restrict the right of any
member, manager, director, officer,
manager, member, partner, employee employee, or stockholder of the Ad
...visor or its Affiliates to engage in or earn fees from any other business or to render services of any kind to any other Person partnership, corporation, firm, individual, trust or association and earn fees for rendering such services; provided, however, that the Advisor must devote sufficient resources to the Company's business to discharge its obligations to the Company under this Agreement. services. The Advisor may, with respect to any Investment investment in which the Company Corporation is a participant, also render advice and service to each and every other participant therein, and earn fees for rendering such advice and service. Specifically, it It is contemplated that the Company Corporation may enter into joint ventures or other similar co-investment arrangements with certain Persons, and pursuant to the agreements governing such joint ventures or arrangements, the Advisor may be engaged (directly or indirectly) to provide advice and service to such Persons, in which case the Advisor will earn fees for rendering such advice and service. For The parties to this Agreement hereby acknowledge that the avoidance of doubt, it is understood Advisor may provide advice and render services to Persons that neither will compete with the Company nor Corporation for investments. The Advisor shall report to the Board the existence of any condition or circumstance, existing or anticipated, of which it has knowledge, which creates or could create a conflict of interest between the authority Advisor's obligations to determine the salary, bonus Corporation and its obligations to or its interest in any other compensation paid by the Advisor to any Director, officer, member, partner, employee, partnership, corporation, limited liability company, firm, individual, trust or stockholder of the association. The Advisor or its Affiliates, including any person who is also a director Affiliates shall promptly disclose to the Board knowledge of such condition or officer employee circumstance. If the Advisor, its members, managers, directors, employees or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Corporation, it shall be the duty of the Company. 16 (b) The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote Independent Directors to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in a manner consistent with the terms of this Agreement. The Company acknowledges ensure that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated follow the method approved by the Independent Directors, by which investments are to be allocated to the Company competing investment entities and may provide services to Persons other than use their reasonable efforts to ensure that such method is applied fairly to the Company and its Affiliates. (c) Corporation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment opportunities program to the Company that are Corporation which is consistent with the investment policies and objectives of the Company, Corporation, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company Corporation even if the opportunity is of character that, which, if presented to the Company, Corporation, could be taken by the Company. Corporation. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest—Conflict Resolution Procedures—Allocation 20Procedures" in any Prospectus (as such procedures may be amended from time to time by a majority of Investment Opportunities" in the Registration Statement Board, including the Independent Directors) shall govern the allocation of the opportunity among the Company Corporation and Affiliates of the Advisor. The Advisor shall be required to notify the Board at least annually of Investments that have been purchased by other entities managed by the Advisor or its Affiliates for determination by the Board that the Advisor is fairly presenting investment opportunities to the Company.
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Other Activities of the Advisor.
(a) Nothing herein contained shall prevent the Advisor or any of its Affiliates from engaging in or earning fees from other activities, including, without limitation, the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the Advisor or its Affiliates; nor shall this Agreement limit or restrict the right of any
member, manager, director, officer,
manager, member, partner, employee employee, or stockholder of the Ad
...visor or its Affiliates to engage in or earn fees from any other business or to render services of any kind to any other Person partnership, corporation, firm, individual, trust or association and earn fees for rendering such services; provided, however, that the Advisor must devote sufficient resources to the Company's business to discharge its obligations to the Company under this Agreement. services. The Advisor may, with respect to any Investment investment in which the Company Corporation is a participant, also render advice and service to each and every other participant therein, and earn fees for rendering such advice and service. Specifically, it It is contemplated that the Company Corporation may enter into joint ventures or other similar co-investment arrangements with certain Persons, and pursuant to the agreements governing such joint ventures or arrangements, the Advisor may be engaged (directly or indirectly) to provide advice and service to such Persons, in which case the Advisor will earn fees for rendering such advice and service. For The parties to this Agreement hereby acknowledge that the avoidance of doubt, it is understood Advisor may provide advice and render services to Persons that neither will compete with the Company nor Corporation for investments. The Advisor shall report to the Board the existence of any condition or circumstance, existing or anticipated, of which it has knowledge, which creates or could create a conflict of interest between the authority Advisor's obligations to determine the salary, bonus Corporation and its obligations to or its interest in any other compensation paid by the Advisor to any Director, officer, member, partner, employee, partnership, corporation, limited liability company, firm, individual, trust or stockholder of the association. The Advisor or its Affiliates, including any person who is also a director Affiliates shall promptly disclose to the Board knowledge of such condition or officer employee circumstance. If the Advisor, its members, managers, directors, employees or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Corporation, it shall be the duty of the Company. 16 (b) The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote Independent Directors to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in a manner consistent with the terms of this Agreement. The Company acknowledges ensure that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated follow the method approved by the Independent Directors, by which investments are to be allocated to the Company competing investment entities and may provide services to Persons other than use their reasonable efforts to ensure that such method is applied fairly to the Company and its Affiliates. (c) The Corporation. 21The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment opportunities program to the Company that are Corporation which is consistent with the investment policies and objectives of the Company, Corporation, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company Corporation even if the opportunity is of character that, which, if presented to the Company, Corporation, could be taken by the Company. Corporation. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest—Conflict Resolution Procedures—Allocation Procedures" in any Prospectus (as such procedures may be amended from time to time by a majority of Investment Opportunities" in the Registration Statement Board, including the Independent Directors) shall govern the allocation of the opportunity among the Company Corporation and Affiliates of the Advisor. The Advisor shall be required to notify the Board at least annually of Investments that have been purchased by other entities managed by the Advisor or its Affiliates for determination by the Board that the Advisor is fairly presenting investment opportunities to the Company.
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Other Activities of the Advisor.
(a) Nothing herein contained shall prevent the Advisor or any of its Affiliates from engaging in or earning fees from other activities, including, without limitation, the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the Advisor or its Affiliates; nor shall this Agreement limit or restrict the right of any
member, manager, director, officer,
manager, member, partner, employee employee, or stockholder of the Ad
...visor or its Affiliates to engage in or earn fees from any other business or to render services of any kind to any other Person partnership, corporation, firm, individual, trust or association and earn fees for rendering such services; provided, however, that the Advisor must devote sufficient resources to the Company's business to discharge its obligations to the Company under this Agreement. services. The Advisor may, with respect to any Investment investment in which the Company Corporation is a participant, also render advice and service to each and every other participant therein, and earn fees for rendering such advice and service. Specifically, it It is contemplated that the Company Corporation may enter into joint ventures or other similar co-investment arrangements 20arrangements with certain Persons, and pursuant to the agreements governing such joint ventures or arrangements, the Advisor may be engaged (directly or indirectly) to provide advice and service to such Persons, in which case the Advisor will earn fees for rendering such advice and service. For The parties to this Agreement hereby acknowledge that the avoidance of doubt, it is understood Advisor may provide advice and render services to Persons that neither will compete with the Company nor Corporation for investments. The Advisor shall report to the Board the existence of any condition or circumstance, existing or anticipated, of which it has knowledge, which creates or could create a conflict of interest between the authority Advisor's obligations to determine the salary, bonus Corporation and its obligations to or its interest in any other compensation paid by the Advisor to any Director, officer, member, partner, employee, partnership, corporation, limited liability company, firm, individual, trust or stockholder of the association. The Advisor or its Affiliates, including any person who is also a director Affiliates shall promptly disclose to the Board knowledge of such condition or officer employee circumstance. If the Advisor, its members, managers, directors, employees or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Corporation, it shall be the duty of the Company. 16 (b) The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote Independent Directors to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in a manner consistent with the terms of this Agreement. The Company acknowledges ensure that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated follow the method approved by the Independent Directors, by which investments are to be allocated to the Company competing investment entities and may provide services to Persons other than use their reasonable efforts to ensure that such method is applied fairly to the Company and its Affiliates. (c) Corporation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment opportunities program to the Company that are Corporation which is consistent with the investment policies and objectives of the Company, Corporation, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company Corporation even if the opportunity is of character that, which, if presented to the Company, Corporation, could be taken by the Company. Corporation. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest—Conflict Resolution Procedures—Allocation Procedures" in any Prospectus (as such procedures may be amended from time to time by a majority of Investment Opportunities" in the Registration Statement Board, including the Independent Directors) shall govern the allocation of the opportunity among the Company Corporation and Affiliates of the Advisor. The Advisor shall be required to notify the Board at least annually of Investments that have been purchased by other entities managed by the Advisor or its Affiliates for determination by the Board that the Advisor is fairly presenting investment opportunities to the Company.
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Other Activities of the Advisor.
(a) Nothing herein contained shall prevent the Advisor or any of its Affiliates from engaging in or earning fees from other activities, including, without limitation, the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the Advisor or its Affiliates; nor shall this Agreement limit or restrict the right of any
member, manager, director, officer,
manager, member, partner, employee employee, or stockholder of the Ad
...visor or its Affiliates to engage in or earn fees from any other business or to render services of any kind to any other Person partnership, corporation, firm, individual, trust or association and earn fees for rendering such services; provided, however, that the Advisor must devote sufficient resources to the Company's business to discharge its obligations to the Company under this Agreement. services. The Advisor may, with respect to any Investment investment in which the Company Corporation is a participant, also render advice and service to each and every other participant therein, and earn fees for rendering such advice and service. Specifically, it It is contemplated that the Company Corporation may enter into joint ventures or other similar co-investment arrangements with certain Persons, and pursuant to the agreements governing such joint ventures or arrangements, the Advisor may be engaged (directly or indirectly) to provide advice and service to such 14 Persons, in which case the Advisor will earn fees for rendering such advice and service. For The parties to this Agreement hereby acknowledge that the avoidance of doubt, it is understood Advisor may provide advice and render services to Persons that neither will compete with the Company nor Corporation for investments. The Advisor shall report to the Board the existence of any condition or circumstance, existing or anticipated, of which it has knowledge, which creates or could create a conflict of interest between the authority Advisor's obligations to determine the salary, bonus Corporation and its obligations to or its interest in any other compensation paid by the Advisor to any Director, officer, member, partner, employee, partnership, corporation, limited liability company, firm, individual, trust or stockholder of the association. The Advisor or its Affiliates, including any person who is also a director Affiliates shall promptly disclose to the Board knowledge of such condition or officer employee circumstance. If the Advisor, its members, managers, directors, employees or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Corporation, it shall be the duty of the Company. 16 (b) The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote Independent Directors to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in a manner consistent with the terms of this Agreement. The Company acknowledges ensure that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated follow the method approved by the Independent Directors, by which investments are to be allocated to the Company competing investment entities and may provide services to Persons other than use their reasonable efforts to ensure that such method is applied fairly to the Company and its Affiliates. (c) Corporation. The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment opportunities program to the Company that are Corporation which is consistent with the investment policies and objectives of the Company, Corporation, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company Corporation even if the opportunity is of character that, which, if presented to the Company, Corporation, could be taken by the Company. Corporation. In the event an investment opportunity is located, the allocation procedure set forth under the caption "Conflicts of Interest—Conflict Resolution Procedures—Allocation Procedures" in any Prospectus (as such procedures may be amended from time to time by a majority of Investment Opportunities" in the Registration Statement Board, including the Independent Directors) shall govern the allocation of the opportunity among the Company Corporation and Affiliates of the Advisor. The Advisor shall be required to notify the Board at least annually of Investments that have been purchased by other entities managed by the Advisor or its Affiliates for determination by the Board that the Advisor is fairly presenting investment opportunities to the Company.
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