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 15, 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 in which the Company is a participant, also render advice and service to each and every other participant 18 therein, and earn fees for rendering such advice and service. Specifically, it is contemplated that the 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 may be paid fees for rendering such advice and service. For The Advisor shall report to the avoidance Board the existence of doubt, any condition or circumstance, existing or anticipated, of which it is understood that neither has knowledge, which creates or could create a conflict of interest between the Advisor's obligations to the Company nor and its obligations to or its interest in any other Person. If the Advisor, Director or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Company, the Advisor shall inform the Board has of the authority method to determine be applied by the salary, bonus or any other compensation paid Advisor in allocating investment opportunities among the Company and competing investment entities and shall provide regular updates to the Board of the investment opportunities provided by the Advisor to any Director, officer, member, partner, employee, or stockholder of competing programs in order for the Advisor or Board (including the Independent Directors) to fulfill 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 duty 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 use 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 best 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 apply such method 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, pa
...rtner, 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, 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 13 The Advisor shall report to the avoidance Board the existence of doubt, any condition or circumstance, existing or anticipated, of which it is understood that neither has knowledge, which creates or could create a conflict of interest between the Advisor's obligations to the Company nor and its obligations to or its interest in any other Person. If the Advisor, Director or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Company, the Advisor shall inform the Board has of the authority method to determine be applied by the salary, bonus or any other compensation paid Advisor in allocating investment opportunities among the Company and competing investment entities and shall provide regular updates to the Board of the investment opportunities provided by the Advisor to any Director, officer, member, partner, employee, or stockholder of competing programs in order for the Advisor or Board (including the Independent Directors) to fulfill 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 duty 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 use 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 best 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 apply such method 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, pa
...rtner, 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, 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 Advisor shall report to the avoidance Board the existence of doubt, any condition or circumstance, existing or anticipated, of which it is understood that neither has knowledge, which creates or could create a conflict of interest between the Advisor's obligations to the Company nor and its obligations to or its interest in any other Person. If the Advisor, Director or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Company, the Advisor shall inform the Board has of the authority method to determine be applied by the salary, bonus or any other compensation paid Advisor in allocating investment opportunities among the Company and competing investment entities and shall provide regular updates to the Board of the investment opportunities provided by the Advisor to any Director, officer, member, partner, employee, or stockholder of competing programs in order for the Advisor or Board (including the Independent Directors) to fulfill 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 duty 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 use 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 best 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 apply such method fairly presenting investment opportunities to the Company.
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Other Activities of the Advisor. (a)
Relationship. 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 employee, or stockholder of the Advis
...or 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. Person. 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 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 12 nor the Board has the authority to determine the salary, bonus or any other compensation paid by the Advisor to any Director, 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) Time Commitment. 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 an appropriate 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 or any of its Affiliates. (c) Investment Opportunities. The Advisor shall be required to use its commercially reasonable efforts to present continuing and suitable investment opportunities to the Company that are and the Operating Partnership a number of potential investment opportunities appropriate for the portfolio of the Company and the Operating Partnership 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 or the Operating Partnership even if the opportunity is of a character that, if presented to the Company, Company or the Operating Partnership, could be taken by the Company. Company or the Operating Partnership. In the event an investment opportunity is located, the allocation procedure method set forth under the caption "Conflicts of Interest—Conflict Resolution Procedures—Allocation of Investment Opportunities" in the Registration Statement most recent Prospectus for Shares shall govern the allocation of the opportunity among the Company and Affiliates the Operating Partnership, on the one hand, and other competing investment entities, on the other hand, and the Advisor shall use its best efforts to apply such allocation method fairly to the Company; provided any changes to the allocation method shall be presented in advance and approved by the Board, including a majority of the Advisor. Independent Directors. The Advisor shall be required report to notify the Board at least annually the existence of Investments any condition or circumstance, existing or anticipated of which is has knowledge, which creates or could create a conflict of interest between the Advisor's obligations to the Company and the Operating Partnership and its obligations to or its interest in any other Person. The Advisor or its Affiliates shall promptly disclose to the Board knowledge of such condition or circumstance.10. RELATIONSHIP WITH DIRECTORS AND OFFICERS. Subject to Section 8 of this Agreement and to restrictions advisable with respect to the qualification of the Company as a REIT, directors, managers, officers and employees of the Advisor or an Affiliate of the Advisor or any corporate parent of an Affiliate, may serve as a Director or officer of the Company, except that have been purchased by other entities managed by no director, officer or employee of the Advisor or its Affiliates who also is a Director or officer of the Company shall receive any compensation from the Company for determination serving as a Director or officer other than (a) reasonable reimbursement for travel and related expenses incurred in attending meetings of the Board or (b) as otherwise approved by the Board that Board, including a majority of the Advisor is fairly presenting investment opportunities to Independent Directors, and no such Director shall be deemed an Independent Director for purposes of satisfying the Company. Director independence requirement set forth in the Articles of Incorporation.
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Other Activities of the Advisor.
(a) Nothing (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 stockholde
...r 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 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 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 (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 for investments. 24 (b)The Advisor shall report to the Board Directors 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 Company 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 Directors 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 Company, 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 Directors (including the 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 follow an allocation method that is reasonable and their respective employees, officers and agents may also engage in activities unrelated fairly applied. The Advisor shall provide the information necessary for the Directors to the Company and may provide services to Persons other than the Company and its Affiliates. (c) The make this determination. (c)The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment opportunities program to the Company that are which is 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 a 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 Prospectus (as such procedures may be amended from time to time) 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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