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 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 14 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 20 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 14 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 14 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. 20 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. 22 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. 14 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. 14 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 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 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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