Duties of the Sub Advisor. Consistent with Article 2 hereof, the Sub-Advisor undertakes to use commercially reasonable efforts to, either directly or indirectly by engaging an Affiliate or, if consented to in writing in advance by the Advisor, a third party, perform the duties set forth in this Article 3; provided, however, that advance written consent shall not be required if a third party is engaged by the Sub-Advisor to perform activities reasonably necessary to facilitate an Investment, which shall include but not be limited to appraisers, surveyors and environmental consultants; provided further that the fees and expenses of any such third party shall only be reimbursable by the Company to the extent that, at the time of engagement of any such third party, it is acting in connection with an Investment on behalf of the Company and, if any such third party is simultaneously acting for any other Person in addition to the Company, only to the extent of the services provided to the Sub-Advisor for purposes of such Investment.
Appears in 4 contracts
Samples: Sub Advisory Agreement (InPoint Commercial Real Estate Income, Inc.), Sub Advisory Agreement (InPoint Commercial Real Estate Income, Inc.), Sub Advisory Agreement (InPoint Commercial Real Estate Income, Inc.)
