Benefit Plan Fiduciary. For purposes of this Section 7.6, the Partnership shall be deemed to have requested an Indemnitee to serve as fiduciary of an employee benefit plan whenever the performance by such Indemnitee of its duties to the Partnership also imposes duties on, or otherwise involves services by, such Indemnitee to the plan or participants or beneficiaries of the plan. Excise taxes assessed on an Indemnitee with respect to an employee benefit plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.6 and actions taken or omitted by the Indemnitee with respect to an employee benefit plan in the performance of its duties for a purpose reasonably believed by such Indemnitee to be in the interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 27 contracts
Samples: Agreement and Plan of Merger (Healthcare Realty Trust Inc), Healthcare Realty Holdings, L.P., American Healthcare REIT, Inc.
Benefit Plan Fiduciary. For purposes of this Section 7.67.7, (i) the Partnership shall be deemed to have requested an Indemnitee to serve as fiduciary of an employee benefit plan whenever the performance by such Indemnitee it of its duties to the Partnership also imposes duties on, or otherwise involves services by, such Indemnitee it to the plan or participants or beneficiaries of the plan. Excise , (ii) excise taxes assessed on an Indemnitee with respect to an employee benefit plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.6 7.7 and (iii) actions taken or omitted by the Indemnitee with respect to an employee benefit plan in the performance of its duties for a purpose reasonably believed by such Indemnitee it to be in the interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 16 contracts
Samples: Limited Partnership Agreement, Limited Partnership Agreement (JBG SMITH Properties), Limited Partnership Agreement (JBG SMITH Properties)
Benefit Plan Fiduciary. For purposes of this Section 7.67.7, (i) the Partnership shall be deemed to have requested an Indemnitee to serve as fiduciary of an employee benefit plan whenever the performance by such Indemnitee it of its duties to the Partnership also imposes duties on, or otherwise involves services by, such Indemnitee it to the plan or participants or beneficiaries of the plan. Excise , (ii) excise taxes assessed on an Indemnitee with respect to an employee benefit plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.6 7.7 and (iii) actions taken or omitted by the Indemnitee with respect to an employee benefit plan in the performance of its duties for a purpose reasonably believed by such Indemnitee it to be in the interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose which is not opposed related to the best interests of the Partnership.
Appears in 9 contracts
Samples: CBL & Associates Limited Partnership, CBL & Associates Limited Partnership, Vornado Realty Trust
Benefit Plan Fiduciary. For purposes of this Section 7.67.07, (i) the Partnership shall be deemed to have requested an Indemnitee to serve as fiduciary of an employee benefit plan whenever the performance by such Indemnitee it of its duties to the Partnership also imposes duties on, or otherwise involves services by, such Indemnitee it to the plan or participants or beneficiaries of the plan. Excise , (ii) excise taxes assessed on an Indemnitee with respect to an employee benefit plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.6 7.07 and (iii) actions taken or omitted by the Indemnitee with respect to an employee benefit plan in the performance of its duties for a purpose reasonably believed by such Indemnitee it to be in the interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 8 contracts
Samples: Fourth (Gramercy Property Trust Inc.), Gramercy Property Trust, Agreement (Cb Richard Ellis Realty Trust)
Benefit Plan Fiduciary. For purposes of this Section 7.67.7, (i) the Partnership shall be deemed to have requested an Indemnitee to serve as fiduciary of an employee benefit plan whenever the performance by such Indemnitee it of its duties to the Partnership also imposes duties on, or otherwise involves services by, such Indemnitee it to the plan or participants or beneficiaries of the plan. Excise , (ii) excise taxes assessed on an Indemnitee with respect to an employee benefit plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.6 7.7 and (iii) actions taken or omitted by the Indemnitee with respect to an employee benefit plan in the performance of its duties for a purpose reasonably believed by such Indemnitee it to be in the interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose which that is not opposed to the best interests of the Partnership.
Appears in 5 contracts
Samples: Agreement (First Union Real Estate Equity & Mortgage Investments), Shelbourne Properties Ii Inc, Newkirk Master Lp
Benefit Plan Fiduciary. For purposes of this Section 7.67.07, (i) the Partnership shall be deemed to have requested an Indemnitee to serve as fiduciary of an employee benefit plan whenever the performance by such Indemnitee it of its duties to the Partnership also imposes duties on, or otherwise involves services by, such Indemnitee it to the plan or participants or beneficiaries of the plan. Excise , (ii) excise taxes assessed on an Indemnitee with respect to an employee benefit plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.6 7.07 and (iii) actions taken or omitted by the Indemnitee with respect to an employee benefit plan in the performance of its duties for a purpose reasonably believed by such Indemnitee it to be in i n the interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 5 contracts
Samples: Gramercy Property Trust Inc., Gramercy Capital Corp, Gramercy Capital Corp
Benefit Plan Fiduciary. For purposes of this Section 7.67.7, (i) the Partnership shall be deemed to have requested an Indemnitee to serve as fiduciary of an employee benefit plan whenever the performance by such Indemnitee it of its duties to the Partnership also imposes duties on, or otherwise involves services by, such Indemnitee it to the plan or participants or beneficiaries of the plan. Excise , (ii) excise taxes assessed on an Indemnitee with respect to an employee benefit plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.6 7.7, and (iii) actions taken or omitted by the Indemnitee with respect to an employee benefit plan in the performance of its duties for a purpose reasonably believed by such Indemnitee it to be in the interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Forest City Realty Trust, Inc.), Limited Partnership Agreement (Forest City Enterprises Inc)
Benefit Plan Fiduciary. For purposes of this Section 7.67.7, (i) the Partnership shall be deemed to have requested an Indemnitee to serve as fiduciary of an employee benefit plan whenever the performance by such Indemnitee it of its duties to the Partnership also imposes duties on, or otherwise involves services by, such Indemnitee it to the plan or participants or beneficiaries of the plan. Excise ; (ii) excise taxes assessed on an any Indemnitee with respect to an employee benefit plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.6 7.7; and (iii) actions taken or omitted by the Indemnitee with respect to an employee benefit plan in the performance of its duties for a purpose reasonably believed by such Indemnitee it to be in the interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 1 contract
Samples: Cornerstone Properties Inc
Benefit Plan Fiduciary. For purposes of this Section 7.67.7, the Partnership shall be deemed to have requested an Indemnitee to serve as fiduciary of an employee benefit plan whenever the performance by such Indemnitee it of its duties to the Partnership also imposes duties on, or otherwise involves services by, such Indemnitee it to the plan or participants or beneficiaries of the plan. Excise ; excise taxes assessed on an Indemnitee with respect to an employee benefit plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.6 7.7; and actions taken or omitted by the Indemnitee with respect to an employee benefit plan in the performance of its duties for a purpose reasonably believed by such Indemnitee it to be in the interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 1 contract
Samples: Agreement (Monarch Properties Inc)
Benefit Plan Fiduciary. For purposes of this Section 7.67.7, (i) the Partnership shall be deemed to have requested an Indemnitee to serve as fiduciary of an employee benefit plan whenever the performance by such Indemnitee it of its duties to the Partnership also imposes duties on, or otherwise involves services by, such Indemnitee it to the plan or participants or beneficiaries of the plan. Excise , (ii) excise taxes assessed on an Indemnitee with respect to an employee benefit plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.6 7.7 and (iii) actions taken or omitted by the Indemnitee with respect to an employee benefit plan in the performance of its duties for a purpose reasonably believed by such Indemnitee it to be in the interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.. F.
Appears in 1 contract
Benefit Plan Fiduciary. For purposes of this Section 7.67.7, (i) the Partnership shall be deemed to have requested an Indemnitee to serve as fiduciary of an employee benefit plan 37 whenever the performance by such Indemnitee it of its duties to the Partnership also imposes duties on, or otherwise involves services by, such Indemnitee it to the plan or participants or beneficiaries of the plan. Excise , (ii) excise taxes assessed on an Indemnitee with respect to an employee benefit plan pursuant to applicable law shall constitute fines within the meaning of this Section 7.6 7.7 and (iii) actions taken or omitted by the Indemnitee with respect to an employee benefit plan in the performance of its duties for a purpose reasonably believed by such Indemnitee it to be in the interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
Appears in 1 contract
Samples: Camden Property Trust