Common use of Commercially Reasonable Efforts; Notification Clause in Contracts

Commercially Reasonable Efforts; Notification. Effective from and after the Effective Date: (a) Upon the terms and subject to the conditions set forth in this Agreement, each Party shall, and shall cause its controlled Affiliates to, use its commercially reasonable efforts to take, or cause to be taken, all actions, and to do, or cause to be done, and to assist and cooperate with the other Parties in doing, all things necessary, proper or advisable to consummate and make effective, as promptly as practicable, the Transactions, including (i) the obtaining of all necessary or advisable actions or non-actions, waivers, approvals, licenses, permits, orders or other authorizations and consents (“Consent”) from, the making of all necessary registrations, declarations and filings with and the taking of all reasonable steps as may be necessary to avoid any Litigation by, any Governmental Entity or other Third Party with respect to this Agreement or the Transactions and (ii) the execution and delivery of any additional instruments necessary to consummate the Transactions and to fully carry out the purposes of this Agreement. (b) Without limiting the generality of the Parties’ obligations under Section 2.05(a), and in furtherance thereof, each of the Parties shall, and shall cause their respective controlled Affiliates to, in consultation and cooperation with the other, file with the United States Federal Trade Commission (the “FTC”) and the United States Department of Justice (the “DOJ”), the notification and report form, if any, required under the HSR Act for any Transaction. Any such filings shall be in substantial

Commercially Reasonable Efforts; Notification. Effective from and after the Effective Date: (a) Upon the terms and subject to the conditions set forth in this Agreement, each Party shall, of Duke and shall cause its controlled Affiliates to, Weeks agrees to use its commercially reasonable efforts to take, or cause to be taken, all actions, and to do, or cause to be done, and to assist and cooperate with the other Parties in doing, all things necessary, proper or advisable to fulfill all conditions applicable to such party pursuant to this Agreement and to consummate and make effective, as promptly as in the most expeditious manner practicable, the TransactionsREIT Merger, the OP Merger and the other transactions contemplated hereby and by the OP Merger Agreement, including (i) the obtaining of all necessary or advisable actions or non-actionsnonactions, waivers, approvals, licenses, permits, orders or other authorizations consents and consents (“Consent”) from, approvals from Governmental Entities and the making of all necessary registrations, declarations registrations and filings with and the taking of all reasonable steps as may be necessary to obtain an approval, waiver or exemption from, or to avoid any Litigation an action or proceeding by, any Governmental Entity or other Third Party with respect to this Agreement or the Transactions and Entity, (ii) the execution and delivery obtaining of all necessary consents, approvals, waivers or exemption from non-governmental third parties; provided, however, that if either party is obliged to make expenditures, or incur costs, expenses or other liabilities to obtain the consent of any additional instruments necessary non-governmental party, it shall consult reasonably with the other party upon reasonable notice prior to consummate the Transactions and to fully carry out the purposes making payment of this Agreement. (b) Without limiting the generality of the Parties’ obligations under Section 2.05(a)any such amount, and in furtherance thereof, each no event shall either Weeks or Duke make payment of any such amount in excess of $5,000,000 in obtaining such consents without obtaining the Parties shall, and shall cause their respective controlled Affiliates to, in consultation and cooperation with the other, file with the United States Federal Trade Commission (the “FTC”) and the United States Department of Justice (the “DOJ”), the notification and report form, if any, required under the HSR Act for any Transaction. Any such filings shall be in substantialprior written