Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such Termination Date all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon terminatio
...n: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably cooperate with the Company and the Operating Partnership to provide an orderly management transition.
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Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the
Company Corporation or the Operating Partnership within 30 days after the effective date of such
Termination Date termination: (i) subject to the limitations set forth in Paragraph 12 hereof and in the Charter, all unpaid reimbursements of
expenses expenses, including without limitation any Acquisition Expenses that have not been reimbur...sed to the Advisor as of the Termination Date pursuant to Paragraph 10(d) hereof and, subject to the limitation described in Paragraph 10(a)(i) hereof, any Organization and Offering Expenses that have not been reimbursed to the Advisor as of the Termination Date pursuant to Paragraph 10(c) hereof; and (ii) all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject Agreement. (b) In addition, in accordance with the provisions of Paragraph 12, the Advisor shall be entitled to receive any Excess Amount (as defined in Paragraph 12) for which the 2%/25% Guidelines to Independent Directors determined (before or after the extent applicable. (b) Termination Date) that there was justification based on unusual and nonrecurring factors. (c) The Advisor shall promptly upon termination: (i) pay over to the Company Corporation and the Operating Partnership all money collected and held for the account of the Company Corporation and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; Board of Directors; (iii) deliver to the Board of Directors all assets, including all Investments, Assets and documents of the Company Corporation and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably cooperate with the Company Corporation and the Operating Partnership to provide an orderly management transition. 22 18. INDEMNIFICATION BY THE CORPORATION AND THE OPERATING PARTNERSHIP . The Corporation and the Operating Partnership shall indemnify and hold harmless the Advisor and its Affiliates, including their respective members, managers, officers, directors, partners and employees, from all liability, claims, damages or losses arising in the performance of their duties hereunder, and related expenses, including reasonable attorneys' fees, subject to any limitations imposed by the laws of the State of Maryland or the Charter. Notwithstanding the foregoing, the Corporation and the Operating Partnership may not indemnify or hold harmless the Advisor, its Affiliates, or any of their respective members, managers, officers, directors, partners or employees in any manner that would be inconsistent with the provisions of Section II.G of the NASAA REIT Guidelines.
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Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the
Company Corporation or the Operating Partnership within 30 days after the effective date of such
Termination Date termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this
Agreement, subject Agreement. In addition, in accordance with the provisions of Paragraph 12..., the Advisor shall be entitled to receive any Excess Amount (as defined in Paragraph 12) for which the 2%/25% Guidelines to Independent Directors determined (before or after the extent applicable. Termination Date) that there was justification based on unusual and nonrecurring factors. (b) The Advisor shall promptly upon termination: (i) pay over to the Company Corporation and the Operating Partnership all money collected and held for the account of the Company Corporation and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; Board of Directors; (iii) deliver to the Board of Directors all assets, including all Investments, Assets and documents of the Company Corporation and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably cooperate with the Company Corporation and the Operating Partnership to provide an orderly management transition. 18 18. INDEMNIFICATION BY THE CORPORATION AND THE OPERATING PARTNERSHIP. The Corporation and the Operating Partnership shall indemnify and hold harmless the Advisor and its Affiliates, including their respective members, managers, officers, directors, partners and employees, from all liability, claims, damages or losses arising in the performance of their duties hereunder, and related expenses, including reasonable attorneys' fees, subject to any limitations imposed by the laws of the State of Maryland or the Charter. Notwithstanding the foregoing, the Corporation and the Operating Partnership may not indemnify or hold harmless the Advisor, its Affiliates, or any of their respective members, managers, officers, directors, partners or employees in any manner that would be inconsistent with the provisions of Section II.G of the REIT Guidelines adopted by the North American Securities Administrators Association.
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Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the
Company Corporation or the Operating Partnership within 30 days after the effective date of such
Termination Date termination: (i) subject to the limitations set forth in Paragraph 12 hereof and in the Charter, all unpaid reimbursements of
expenses expenses, including without limitation any Acquisition Expenses that have not been reimbur...sed to the Advisor as of the Termination Date pursuant to Paragraph 10(d) hereof and, subject to the limitation described in Paragraph 10(a)(i) hereof, any Organization and Offering Expenses that have not been reimbursed to the Advisor as of the Termination Date pursuant to Paragraph 10(c) hereof; and (ii) all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject Agreement. (b) In addition, in accordance with the provisions of Paragraph 12, the Advisor shall be entitled to receive any Excess Amount (as defined in Paragraph 12) for which the 2%/25% Guidelines to Independent Directors determined (before or after the extent applicable. (b) Termination Date) that there was justification based on unusual and nonrecurring factors. 21(c) The Advisor shall promptly upon termination: (i) pay over to the Company Corporation and the Operating Partnership all money collected and held for the account of the Company Corporation and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; Board of Directors; (iii) deliver to the Board of Directors all assets, including all Investments, Assets and documents of the Company Corporation and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably cooperate with the Company Corporation and the Operating Partnership to provide an orderly management transition.
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Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the
Company Corporation or the Operating Partnership within 30 days after the effective date of such
Termination Date termination: (i) subject to the limitations set forth in Paragraph 12 hereof and in the Charter, all unpaid reimbursements of
expenses expenses, including without limitation any Acquisition Expenses that have not been reimbur...sed to the Advisor as of the Termination Date pursuant to Paragraph 10(d) hereof and, subject to the limitation described in Paragraph 10(a)(i) hereof, any Organization and Offering Expenses that have not been reimbursed to the Advisor as of the Termination Date pursuant to Paragraph 10(c) 21 hereof; and (ii) all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject Agreement. (b) In addition, in accordance with the provisions of Paragraph 12, the Advisor shall be entitled to receive any Excess Amount (as defined in Paragraph 12) for which the 2%/25% Guidelines to Independent Directors determined (before or after the extent applicable. (b) Termination Date) that there was justification based on unusual and nonrecurring factors. (c) The Advisor shall promptly upon termination: (i) pay over to the Company Corporation and the Operating Partnership all money collected and held for the account of the Company Corporation and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; Board of Directors; (iii) deliver to the Board of Directors all assets, including all Investments, Assets and documents of the Company Corporation and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably cooperate with the Company Corporation and the Operating Partnership to provide an orderly management transition.
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Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the
Company Trust or the Operating Partnership within 30 days after the effective date of such
Termination Date termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this
Agreement, subject Agreement. In addition, in accordance with the provisions of Paragraph 12, the ...Advisor shall be entitled to receive any Excess Amount (as defined in Paragraph 12) for which the 2%/25% Guidelines to Independent Trustees determined (before or after the extent applicable. Termination Date) that there was justification based on unusual and nonrecurring factors. (b) The Advisor shall promptly upon termination: (i) pay over to the Company Trust and the Operating Partnership all money collected and held for the account of the Company Trust and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board of Trustees a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; Board of Trustees; (iii) deliver to the Board of Trustees all assets, including all Investments, Assets and documents of the Company Trust and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably 15(iv) cooperate with the Company Trust and the Operating Partnership to provide an orderly management transition.
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Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within
30 thirty (30) days after the
effective date of such Termination Date all unpaid reimbursements of
expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, Expenses, subject to the 2%/25% Guidelines to the extent
applicable. applicable, and all Mana...gement Fees earned but unpaid prior to termination of this Agreement. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses Expenses to which it is then entitled; entitled under Section 19(a); (ii) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably cooperate with the Company and the Operating Partnership to provide an orderly management transition. Adopted by the Board of Trustees Effective 1.1.15 20. INDEMNIFICATION BY THE COMPANY AND THE OPERATING PARTNERSHIP. To the extent permitted by their governing documents, the Company and the Operating Partnership shall indemnify and hold harmless the Advisor and its Affiliates, including their respective officers, directors, partners and employees (the "Indemnitees," and each an "Indemnitee"), from all liability, claims, damages or losses arising in the performance of their duties hereunder, and related expenses, including reasonable hourly attorneys' fees, to the extent such liability, claims, damages or losses and related expenses are not fully reimbursed by insurance, and to the extent that such indemnification would not be inconsistent with the laws of the State of North Dakota or the Governing Instruments.
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Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the
Company Corporation or the Operating Partnership within 30 days after the effective date of such
Termination Date termination: (i) subject to the limitations set forth in Paragraph 12 hereof and in the Charter, all unpaid reimbursements of
expenses 22expenses, including without limitation, subject to the limitation described in Paragra...ph 10(a)(i) hereof, any Organization and Offering Expenses that have not been reimbursed to the Advisor as of the Termination Date; and (ii) all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject Agreement. (b) In addition, in accordance with the provisions of Paragraph 12, the Advisor shall be entitled to receive any Excess Amount (as defined in Paragraph 12) for which the 2%/25% Guidelines to Independent Directors determined (before or after the extent applicable. (b) Termination Date) that there was justification based on unusual and nonrecurring factors. (c) The Advisor shall promptly upon termination: (i) pay over to the Company Corporation and the Operating Partnership all money collected and held for the account of the Company Corporation and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; Board of Directors; (iii) deliver to the Board of Directors all assets, including all Investments, Assets and documents of the Company Corporation and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably cooperate with the Company Corporation and the Operating Partnership to provide an orderly management transition.
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Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the
Company Corporation or the Operating Partnership within 30 days after the effective date of such
Termination Date termination: (i) subject to the limitations set forth in Paragraph 12 hereof and in the Charter, all unpaid reimbursements of
expenses expenses, including without limitation, subject to the limitation described in Paragraph 1...0(a)(i) hereof, any Organization and Offering Expenses that have not been reimbursed to the Advisor as of the Termination Date; and (ii) all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject Agreement. (b) In addition, in accordance with the provisions of Paragraph 12, the Advisor shall be entitled to receive any Excess Amount (as defined in Paragraph 12) for which the 2%/25% Guidelines to Independent Directors determined (before or after the extent applicable. (b) Termination Date) that there was justification based on unusual and nonrecurring factors. (c) The Advisor shall promptly upon termination: (i) pay over to the Company Corporation and the Operating Partnership all money collected and held for the account of the Company Corporation and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 23(ii) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; Board of Directors; (iii) deliver to the Board of Directors all assets, including all Investments, Assets and documents of the Company Corporation and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably cooperate with the Company Corporation and the Operating Partnership to provide an orderly management transition.
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Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the
Company Corporation or the Operating Partnership within 30 days after the effective date of such
Termination Date termination: (i) subject to the limitations set forth in Paragraph 12 hereof and in the Charter, all unpaid reimbursements of
expenses expenses, including without limitation, subject to the limitation described in Paragraph 1...0(a)(i) hereof, any Organization and Offering Expenses that have not been reimbursed to the Advisor as of the Termination Date; and (ii) all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject Agreement. (b) In addition, in accordance with the provisions of Paragraph 12, the Advisor shall be entitled to receive any Excess Amount (as defined in Paragraph 12) for which the 2%/25% Guidelines to Independent Directors determined (before or after the extent applicable. (b) Termination Date) that there was justification based on unusual and nonrecurring factors. (c) The Advisor shall promptly upon termination: (i) pay over to the Company Corporation and the Operating Partnership all money collected and held for the account of the Company Corporation and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (iii) Board of Directors; 23(iii) deliver to the Board of Directors all assets, including all Investments, Assets and documents of the Company Corporation and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably cooperate with the Company Corporation and the Operating Partnership to provide an orderly management transition.
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Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the
Company Corporation or the Operating Partnership within 30 days after the effective date of such
Termination Date termination: (i) subject to the limitations set forth in Paragraph 12 hereof and in the Charter, all unpaid reimbursements of
expenses expenses, including without limitation, subject to the limitation described in Paragraph 1...0(a)(i) hereof, any Organization and Offering Expenses that have not been reimbursed to the Advisor as of the Termination Date; and (ii) all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject Agreement. (b) In addition, in accordance with the provisions of Paragraph 12, the Advisor shall be entitled to receive any Excess Amount (as defined in Paragraph 12) for which the 2%/25% Guidelines to Independent Directors determined (before or after the extent applicable. (b) Termination Date) that there was justification based on unusual and nonrecurring factors. (c) The Advisor shall promptly upon termination: (i) (i) pay over to the Company Corporation and the Operating Partnership all money collected and held for the account of the Company Corporation and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; Board of Directors; (iii) deliver to the Board of Directors all assets, including all Investments, Assets and documents of the Company Corporation and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably cooperate with the Company Corporation and the Operating Partnership to provide an orderly management transition.
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