Common use of Claims; Value of Collateral Clause in Contracts

Claims; Value of Collateral. (a) Any claims by an Indemnified Party shall be made in accordance with Article III of the Nominee Agreement. On or prior to the first (1st) anniversary of the Closing (the “Survival Period”), an Indemnified Party may give notice (a “Claim Notice”) to the Pledgor of any Loss that is subject to indemnification under Article III of the Nominee Agreement. (b) The value of Collateral (the “Value”) shall be determined as follows: (i) with respect to Collateral consisting of Common Stock and OP Units, an amount equal to the initial public offering price of shares of the Company’s common stock multiplied by the number of shares of Common Stock and OP Units; and (ii) for all other Collateral, the fair market value of such Collateral as determined by directors of the Company who meet the New York Stock Exchange standards of independence for directors, as determined by the Board of Directors of the Company (the “Independent Directors”).

Claims; Value of Collateral. (a) Any claims by an Indemnified Party shall be made in accordance with Article III 3 of Exhibit C to the Nominee Contribution Agreement. On or prior to the first (1st) anniversary of the Closing (the “Survival Period”), an Indemnified Party may give notice (a “Claim Notice”) to the Pledgor of any Loss that is subject to indemnification under Article III 3 to Exhibit C of the Nominee Contribution Agreement. (b) The value of Collateral (the “Value”) shall be determined as follows: (i) with respect to Collateral consisting of Common Stock and OP Units, an amount equal to the initial public offering price of shares of the Company’s common stock multiplied by the number of shares of Common Stock and OP Units; and (ii) for all other Collateral, the fair market value of such Collateral as determined by a majority of the directors of the Company who meet the New York Stock Exchange standards of independence for directors, as determined by and who are otherwise unaffiliated with the Board of Directors of Pledgee the Company (the “Independent Directors”).

Claims; Value of Collateral. (a) Any claims by an Indemnified Party shall be made in accordance with Article III 3 of Exhibit C to the Nominee Contribution Agreement. On or prior to the first (1st) anniversary of the Closing (the “Survival Period”), an Indemnified Party may give notice (a “Claim Notice”) to the Pledgor of any Loss that is subject to indemnification under Article III 3 to Exhibit C of the Nominee Contribution Agreement. (b) The value of Collateral (the “Value”) shall be determined as follows: (i) with respect to Collateral consisting of Common Stock and OP Units, an amount equal to the initial public offering price of shares of the Company’s common stock multiplied by the number of shares of Common Stock and OP Units; and (ii) for all other Collateral, the fair market value of such Collateral as determined by directors of the Company who meet the New York Stock Exchange standards of independence for directors, as determined by the Board of Directors of the Company (the “Independent Directors”).