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 (Carey W P & Co LLC), Advisory Agreement (Carey W P & Co LLC), 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' β 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 βs 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 Real Estate Investment Trust Ii 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 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 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 5 contracts
Samples: Advisory Agreement (CNL Retirement Properties Inc), Advisory Agreement (CNL Retirement Properties Inc), Advisory Agreement (CNL Retirement Properties Inc)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and/or either Affiliated Partnership and their respective officers, directors and employees from liabilityand against any and all liabilities, claims, damagesdamages or losses, taxes or losses and related expenses including attorneys' reasonable attorney's fees, to which arise directly from the extent that such liabilityfraud, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason willful misconduct of the Advisor's bad faith, fraud, willful misfeasance, misconduct, negligence or the reckless disregard by the Advisor of its dutiesresponsibilities under this Agreement.
Appears in 2 contracts
Samples: Advisory Agreement (Captec Net Lease Realty Inc), Advisory Agreement (Captec Net Lease Realty Inc)