Common use of Attorney’s Fees and Applicable Law Clause in Contracts

Attorney’s Fees and Applicable Law. In any action to enforce the provisions of this Agreement or to secure damages for its breach, the prevailing party shall recover its costs and reasonable attorney’s fees. This Agreement shall be construed under the laws of the State of Colorado and shall take effect when signed by the Dealer and countersigned by the Dealer Manager. Venue for any action (including arbitration) shall lie exclusively in Denver, Colorado. THE DEALER MANAGER: DIVIDEND CAPITAL SECURITIES LLC Date: We have read the foregoing Agreement and we hereby accept and agree to the terms and conditions therein set forth. We hereby represent that the list below of jurisdictions in which we are registered or licensed as a broker or dealer and are fully authorized to sell securities is true and correct, and we agree to advise you of any change in such list during the term of this Agreement. 1. IDENTITY OF DEALER: Company Name: Type of entity: (Corporation, Partnership or Proprietorship) Organized in the State of: Licensed as broker-dealer all States: Yes No If no, list all States licensed as broker-dealer: Tax ID #: 2. Person to receive notices delivered pursuant to the Selected Dealer Agreement.

Attorney’s Fees and Applicable Law. In any action to enforce the provisions of this Agreement or to secure damages for its breach, the prevailing party shall recover its costs and reasonable attorney’s fees. This Agreement shall be construed under the laws of the State of Colorado and shall take effect when signed by the Dealer and countersigned by the Dealer Manager. Venue for any action (including arbitration) shall lie exclusively in Denver, Colorado. THE DEALER MANAGER: DIVIDEND CAPITAL SECURITIES LLC Date: We have read the foregoing Agreement and we hereby accept and agree to the terms and conditions therein set forth. We hereby represent that the list below of jurisdictions in which we are registered or licensed as a broker or dealer and are fully authorized to sell securities is true and correct, and we agree to advise you of any change in such list during the term of this Agreement. 1. IDENTITY OF DEALER: Company Name: Type of entity: (Corporation, Partnership or Proprietorship) Organized in the State of: Licensed as broker-dealer all States: Yes No If no, list all States licensed as broker-dealer: Tax ID #: 2. Person to receive notices delivered pursuant to the Selected Dealer Agreement.

Attorney’s Fees and Applicable Law. In any action to enforce the provisions of this Agreement or to secure damages for its breach, the prevailing party shall recover its costs and reasonable attorney’s fees. This Agreement shall be construed under the laws of the State of Colorado and shall take effect when signed by the Dealer and countersigned by the Dealer Manager. Venue for any action (including arbitration) shall lie exclusively in Denver, Colorado. THE DEALER MANAGER: DIVIDEND CAPITAL SECURITIES LLC Date: We have read the foregoing Agreement and we hereby accept and agree to the terms and conditions therein set forth. We hereby represent that the list below of jurisdictions in which we are registered or licensed as a broker or dealer and are fully authorized to sell securities is true and correct, and we agree to advise you of any change in such list during the term of this Agreement. 1. IDENTITY OF DEALER: Company Name: Type of entity: (Corporation, Partnership or Proprietorship) Organized in the State of: Licensed as broker-dealer all States: Yes ¨ No ¨ If no, list all States licensed as broker-dealer: Tax ID #: 2. Person to receive notices delivered pursuant to the Selected Dealer Agreement.

Attorney’s Fees and Applicable Law. In any action to enforce the provisions of this Agreement or to secure damages for its breach, the prevailing party shall recover its costs and reasonable attorney’s fees. This Agreement shall be construed under the laws of the State of Colorado and shall take effect when signed by the Dealer and countersigned by the Dealer Manager. Venue for any action (including arbitration) shall lie exclusively in Denver, Colorado. THE DEALER MANAGER: DIVIDEND CAPITAL SECURITIES LLC Date: We have read the foregoing Agreement and we hereby accept and agree to the terms and conditions therein set forth. We hereby represent that the list below of jurisdictions in which we are registered or licensed as a broker or dealer and are fully authorized to sell securities is true and correct, and we agree to advise you of any change in such list during the term of this Agreement. 1. IDENTITY OF DEALER: Company Name: Type of entity: (Corporation, Partnership or Proprietorship) Organized in the State of: Licensed as broker-dealer all States: Yes No _______ _______ If no, list all States licensed as broker-dealer: Tax ID #: 2. Person to receive notices delivered pursuant to the Selected Dealer Agreement.