INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from liability, claims, damages, taxes or losses and related expenses including attorneys' fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard of its duties.
Appears in 29 contracts
Samples: Advisory Agreement (Corporate Property Associates 15 Inc), Advisory Agreement (Corporate Property Associates 16 Global Inc), Advisory Agreement (Carey W P & Co LLC)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from all liability, claims, damages, taxes or losses and related expenses including reasonable attorneys' fees’ fees and taxes, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard gross negligence, but the Advisor shall not be held responsible for any action of its dutiesthe Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 19 contracts
Samples: Advisory Agreement (Global Growth Trust, Inc.), Advisory Agreement (Global Income Trust, Inc.), Advisory Agreement (Global Income Trust, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' ’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard of its duties.
Appears in 18 contracts
Samples: Advisory Agreement (Wells Real Estate Investment Trust Ii Inc), Advisory Agreement (Wells Real Estate Investment Trust Ii Inc), Advisory Agreement (Wells Core Office Income Reit Inc)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard of its duties.
Appears in 11 contracts
Samples: Transition Services Agreement (Columbia Property Trust, Inc.), Transition Services Agreement (Wells Real Estate Investment Trust Ii Inc), Renewal Advisory Agreement (Columbia Property Trust, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard of its duties, but Advisor shall not be held responsible for any action of the Directors in declining to follow any advice or recommendation given by the Advisor.
Appears in 9 contracts
Samples: Advisory Agreement (Cornerstone Core Properties REIT, Inc.), Advisory Agreement (Shopoff Properties Trust, Inc.), Advisory Agreement (Shopoff Properties Trust, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' ’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard gross negligence, but the Advisor shall not be held responsible for any action of its dutiesthe Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 9 contracts
Samples: Advisory Agreement (Escalate Wealth REIT I), Advisory Agreement (Escalate Wealth REIT I), Advisory Agreement (Escalate Wealth REIT I)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard negligence, but the Advisor shall not be held responsible for any action of its dutiesthe Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 9 contracts
Samples: Advisory Agreement (Rich Uncles REIT, Inc.), Advisory Agreement (Rich Uncles REIT, Inc.), Advisory Agreement (Rich Uncles REIT, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's bad faith, fraud, willful misfeasancemisconduct or gross negligence, misconduct, negligence but the Advisor shall not be held responsible for any action of the Board of Directors in following or reckless disregard of its dutiesdeclining to follow any advice or recommendation given by the Advisor.
Appears in 6 contracts
Samples: Advisory Agreement (Shearson American REIT, Inc.), Advisory Agreement (Medical Hospitality Group, Inc.), Advisory Agreement (New School Properties, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from liability, claims, damages, taxes or losses and related expenses including attorneys' ’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard of its duties.
Appears in 6 contracts
Samples: Advisory Agreement (Carey W P & Co LLC), Advisory Agreement (Corporate Property Associates 16 Global Inc), Advisory Agreement (Corporate Property Associates 15 Inc)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' ’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard negligence, but the Advisor shall not be held responsible for any action of its dutiesthe Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 4 contracts
Samples: Advisory Agreement (CNL Income Properties Inc), Advisory Agreement (CNL Income Properties Inc), Advisory Agreement (CNL Hotels & Resorts, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including reasonable attorneys' fees’ fees and taxes, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard gross negligence, but the Advisor shall not be held responsible for any action of its dutiesthe Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 4 contracts
Samples: Advisory Agreement (CNL Lifestyle Properties Inc), Advisory Agreement (CNL Lifestyle Properties Inc), Advisory Agreement (CNL Lifestyle Properties Inc)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company Corporation from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' ’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard gross negligence, but the Advisor shall not be held responsible for any action of its dutiesthe Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 3 contracts
Samples: Advisory Agreement (HappyNest REIT, Inc.), Advisory Agreement (HappyNest REIT, Inc.), Advisory Agreement (HappyNest REIT, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' ’ fees, to the extent that (i) such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and (ii) are incurred by reason of the Advisor's bad faith, fraud, willful misfeasance, misconduct, negligence ’s misconduct or reckless disregard negligence. The Advisor shall not be held responsible for any action of its dutiesthe Board in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 3 contracts
Samples: Form of Advisory Agreement (NexPoint Hospitality Trust, Inc.), Advisory Agreement (Nexpoint Multifamily Realty Trust, Inc.), Form of Advisory Agreement (Nexpoint Multifamily Realty Trust, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard gross negligence, but the Advisor shall not be held responsible for any action of its dutiesthe Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 3 contracts
Samples: Advisory Agreement (Rich Uncles NNN REIT, Inc.), Advisory Agreement (Rich Uncles NNN REIT, Inc.), Advisory Agreement (Rich Uncles NNN REIT, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' ’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard of its dutiesgross negligence.
Appears in 1 contract
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from liabilitycontract or other liabilities, claims, damages, taxes or losses and related expenses including attorneys' ’ fees, to the extent that such liabilityliabilities, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard of its duties.
Appears in 1 contract
Samples: Restated Advisory Agreement (Arc Corporate Realty Trust Inc)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' ’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard of its duties.
Appears in 1 contract
Samples: Acquisition Services Agreement (Corporate Property Associates 12 Inc)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' ’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard gross negligence, but the Advisor shall not be held responsible for any action of its dutiesthe Board in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 1 contract
Samples: Advisory Agreement (BRIX REIT, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company Fund from contract or other liability, claims, damages, taxes damages or losses and related expenses including attorneys' fees, ’ fees to the extent that such liability, claims, damages, taxes damages or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, gross negligence or reckless disregard of its duties.
Appears in 1 contract
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and Sponsoring Member from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' ’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's ’s bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard of its duties.
Appears in 1 contract
Samples: Advisory Agreement (Wells Mid-Horizon Value-Added Fund I LLC)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys' fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor's bad faith, fraud, willful misfeasance, misconduct, negligence or reckless disregard negligence, but the Advisor shall not be held responsible for any action of its dutiesthe Board of Trust Managers in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 1 contract
Samples: And Restated Advisory Agreement (Rich Uncles Real Estate Investment Trust I)