Common use of CERTAIN INFORMATIONAL MATERIALS Clause in Contracts

CERTAIN INFORMATIONAL MATERIALS. Contributor and the other LP Unit Recipients hereby acknowledge and agree that the ownership of LP Units by them and their respective rights and obligations as limited partners of the UPREIT (including, without limitation, their right to transfer, encumber, pledge and exchange LP Units) shall be subject to all of the express limitations, terms, provisions and restrictions set forth in this Agreement and in the Partnership Agreement. In that regard, Contributor and each of the other LP Unit Recipients hereby covenants and agrees that, at the Closing, it shall execute any and all documentation reasonably required by the UPREIT and the REIT to formally memorialize the foregoing. Contributor and each of the other LP Unit Recipients acknowledges that it has received and reviewed, prior to the Contract Date, (i) the Partnership Agreement, (ii) the charter documents and bylaws of the REIT, (iii) the REIT's Form 10-K for the year ended December 31, 1997, (iv) all Form 10-Qs and Form 8-Ks that have been filed by the REIT since December 31, 1997, and (v) copies of all material press releases, proxy statements and reports to shareholders issued since December 31, 1997, and has otherwise had an opportunity to conduct a due diligence review of the affairs of the UPREIT and the REIT and has been afforded the opportunity to ask questions of, and receive additional information from, the REIT regarding the REIT and the UPREIT.

CERTAIN INFORMATIONAL MATERIALS. Contributor and the other LP Unit Recipients hereby acknowledge and agree that the ownership of LP Units by them and their respective rights and obligations as limited partners of the UPREIT (including, without limitation, including their right to transfer, encumber, pledge and exchange LP Units) shall be subject to all of the express limitations, terms, provisions and restrictions set forth in this Agreement and in the Partnership Agreement. In that regard, Contributor and each of the other LP Unit Recipients hereby covenants and agrees that, at the Closing, it shall execute any and all documentation reasonably required by the UPREIT and the REIT to formally memorialize the foregoing. Contributor and each of the other LP Unit Recipients acknowledges that it has received and reviewed, prior to the Contract Date, (i) the Partnership Agreement, (ii) the charter documents and bylaws of the REIT, (iii) the REIT's Form 10-K for the year ended December 31, 19971998, (iv) all Form 10-Qs and Form 8-Ks that have been filed by the REIT with the SEC since December 31, 19971998, and (v) copies of all material press releases, proxy statements and reports to shareholders issued since December 31, 19971998, and has otherwise had an opportunity to conduct a due diligence review of the affairs of the UPREIT and the REIT and has been afforded the opportunity to ask questions of, and receive additional information from, the REIT regarding the business, operations, conditions (financial or otherwise) and the current prospects of the REIT and the UPREIT.

CERTAIN INFORMATIONAL MATERIALS. Contributor and the other LP Unit Recipients Contributors hereby acknowledge and agree that the ownership of LP Units by them Contributors and their respective rights and obligations as limited partners of the UPREIT (including, without limitation, their the right to transfer, encumber, pledge and exchange the LP Units) shall be subject to all of the express limitations, terms, provisions and restrictions set forth in this Agreement and in the Partnership Agreement. In that regard, Contributor Contributors hereby covenant and each of the other LP Unit Recipients hereby covenants and agrees that, at the Closing, it agree that they shall execute any and all documentation reasonably required by the UPREIT and the REIT to formally memorialize the foregoing. Contributor and each of the other LP Unit Recipients acknowledges Contributors acknowledge that it has they have received and reviewed, prior to the Contract Closing Date, (i) the Partnership Agreement, (ii) the charter documents and bylaws of the REIT, (iii) the REIT's Form 10-K for the year ended December 31, 19972000, (iv) all Form 10-Qs and Form 8-Ks that have been filed by the REIT since December 31, 19972000, and (v) copies of all material press releases, proxy statements and reports to shareholders issued since December 31, 19972000, and has have otherwise had an opportunity to conduct a due diligence review of the affairs of the UPREIT and the REIT and has have been afforded the opportunity to ask questions of, and receive additional information from, the REIT regarding the REIT and the UPREIT.

CERTAIN INFORMATIONAL MATERIALS. Each Contributor hereby acknowledges and the other LP Unit Recipients hereby acknowledge and agree agrees that the ownership of LP OP Units by them and their respective rights and obligations as limited partners of the UPREIT FSG (including, without limitation, including their right to transfer, encumber, pledge and exchange LP OP Units) shall be subject to all of the express limitations, terms, provisions and restrictions set forth in this Agreement and in the Partnership Agreement. In that regard, each Contributor and each of the other LP Unit Recipients hereby covenants and agrees that, at the Closing, that it shall execute any and all documentation reasonably required by the UPREIT FSG and the REIT to formally memorialize the foregoing. Each Contributor and each of the other LP Unit Recipients acknowledges that it has received and reviewed, prior to the Contract Date, (i) reviewed copies of the Partnership Agreement, (ii) as amended to date, the charter documents declaration of trust and bylaws of the REIT, (iii) REIT and the REIT's Form 10-K ’s Annual Report to Shareholders for the year ended December 31, 1997, (iv) all 2004. Each Contributor also acknowledges that Form 10-Qs for the quarters ended March 31, 2005 and June 30, 2005, all Form 8-Ks that have been filed by the REIT with the SEC since December 31June 25, 1997, 2003 and (v) copies of all material press releases, proxy statements and reports to shareholders issued since December 31June 25, 19972003 have been made available through the REIT’s website at wxx.xxxx.xxx and the SEC’s website at wxx.xxx.xxx, and has otherwise had an opportunity to conduct a due diligence review of the affairs of the UPREIT FSG and the REIT and has been afforded the opportunity to ask questions of, and receive additional information from, the REIT regarding the business, operations, conditions (financial or otherwise) and the current prospects of the REIT and the UPREITFSG.

CERTAIN INFORMATIONAL MATERIALS. Contributor Contributors and the other LP Unit Recipients Xxxx hereby acknowledge and agree that the ownership of LP Units by them Contributors and their respective rights and obligations as limited partners partner of the UPREIT (including, without limitation, their the right to transfer, encumber, pledge and exchange the LP Units) shall be subject to all of the express limitations, terms, provisions and restrictions set forth in this Agreement and in the Partnership Agreement. In that regard, Contributor Contributors and each of the other LP Unit Recipients Xxxx hereby covenants covenant and agrees that, at the Closing, it agree that they shall execute any and all documentation reasonably required by the UPREIT and the REIT to formally memorialize the foregoing. Contributor Contributors and each of the other LP Unit Recipients acknowledges Xxxx acknowledge that it has they have received and reviewed, prior to the Contract Closing Date, (i) the Partnership Agreement, (ii) the charter documents and bylaws of the REIT, (iii) the REIT's Form 10-K for the year ended December 31, 1997, (iv) all Form 10-Qs and Form 8-Ks that have been filed by the REIT since December 31, 1997, and (v) copies of all material press releases, proxy statements and reports to shareholders issued since December 31, 1997, and has have otherwise had an opportunity to conduct a due diligence review of the affairs of the UPREIT and the REIT and has have been afforded the opportunity to ask questions of, and receive additional information from, the REIT regarding the REIT and the UPREIT. UPREIT represents that all Federal and state income tax returns required to be filed by UPREIT and REIT have been so filed.

CERTAIN INFORMATIONAL MATERIALS. Contributor and the other LP Unit Recipients Manekin Group hereby acknowledge and agree that the ownership of LP Units Unit by them Contributor and their its respective rights and obligations as limited partners partner of the UPREIT (including, without limitation, their the right to transfer, encumber, pledge and exchange the LP UnitsUnit) shall be subject to all of the express limitations, terms, provisions and restrictions set forth in this Agreement and in the Partnership Agreement. In that the regard, Contributor and each of the other LP Unit Recipients Manekin Group hereby covenants covenant and agrees that, at the Closing, it agree that they shall execute any and all documentation reasonably required by the UPREIT and the REIT to formally memorialize the foregoing. Contributor and each of the other LP Unit Recipients acknowledges Manekin Group acknowledge that it has they have received and reviewed, prior to the Contract Closing Date, (i) the Partnership Agreement, (ii) the charter documents and bylaws of the REIT, (iii) the REIT's Form 10-K for the year ended December 31, 1997, (iv) all Form 10-Qs and Form 8-Ks that have been filed by the REIT since December 31, 1997, and (v) copies of all material press releases, proxy statements and reports to shareholders issued since December 31, 1997, and has have otherwise had an opportunity to conduct a due diligence review of the affairs of the UPREIT and the REIT and has have been afforded the opportunity to ask questions of, and receive additional information from, the REIT regarding the REIT and the UPREIT.