Common use of INDEMNIFICATION BY ADVISOR Clause in Contracts

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, misconduct, or gross negligence, but the Advisor shall not be held responsible for any action of the 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)

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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 gross negligence, but the Advisor shall not be held responsible for any action reckless disregard of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisorits duties.

Appears in 6 contracts

Samples: Advisory Agreement (Corporate Property Associates 16 Global Inc), 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' 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, misconduct, willful misconduct or gross negligence, but the Advisor shall not be held responsible for any action of the Board of Directors in following or declining 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 and the Operating Partnership from contract or other all liability, claims, damages, taxes or losses and related expenses expenses, including reasonable attorneys’ feesfees 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 bad faith, fraud, misconduct, or gross negligence, but the Advisor shall not be held responsible for any action of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.

Appears in 5 contracts

Samples: Advisory Agreement (CNL Healthcare Properties II, Inc.), Advisory Agreement (CNL Healthcare Properties II, Inc.), Advisory Agreement (CNL Healthcare Properties 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 reasonable attorneys’ feesfees 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 bad faith, fraud, misconduct, or gross negligence, but the Advisor shall not be held responsible for any action of the 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 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, misconduct, or gross negligence, but the Advisor shall not be held responsible for any action of the 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 Hotels & Resorts, Inc.), Advisory Agreement (CNL Income Properties Inc), Advisory Agreement (CNL Income Properties 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, misconduct, misconduct or gross negligence, but the . The Advisor shall not be held responsible for any action of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.

Appears in 3 contracts

Samples: Advisory Agreement (NexPoint Hospitality Trust, Inc.), Advisory Agreement (Nexpoint Multifamily Realty Trust, Inc.), Advisory Agreement (Nexpoint Multifamily Realty Trust, 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 bad faith, fraud, misconduct, or gross negligence, but the Advisor shall not be held responsible for any action of the 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 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, misconduct, or gross negligence, but the Advisor shall not be held responsible for any action of the 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 liabilityliabilities, 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 bad faith, fraud, willful misfeasance, misconduct, negligence or gross negligence, but the Advisor shall not be held responsible for any action reckless disregard of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisorits duties.

Appears in 1 contract

Samples: 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 bad faith, fraud, willful misfeasance, misconduct, negligence or gross negligence, but the Advisor shall not be held responsible for any action reckless disregard of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisorits duties.

Appears in 1 contract

Samples: Acquisition Services Agreement (Corporate Property Associates 12 Inc)

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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, misconduct, or gross negligence, but the Advisor shall not be held responsible for any action of the Board of Directors Trust Managers in following or declining to follow any advice or recommendation given by the Advisor.

Appears in 1 contract

Samples: Advisory Agreement (Rich Uncles Real Estate Investment Trust I)

INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership 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, misconduct, willful misconduct or gross negligencenegligence of its duties; provided, but however, that the Advisor shall not be held responsible for any action of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.

Appears in 1 contract

Samples: Advisory Agreement (Rodin 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 bad faith, fraud, misconduct, or gross negligence, but the Advisor shall not be held responsible for any action of the Board of Directors 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 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, negligence, misconduct, or gross negligencereckless disregard of its duties, but the Advisor shall not be held responsible for any action of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.

Appears in 1 contract

Samples: Advisory Agreement (Cornerstone Core Properties 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, misconduct, or gross negligence, but the Advisor shall not be held responsible for any action of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.

Appears in 1 contract

Samples: Advisory Agreement (Future of Housing Fund, Inc.)

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 bad faith, fraudwillful misfeasance, misconduct, or gross negligence, but the Advisor shall not be held responsible for any action reckless disregard of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisorits duties.

Appears in 1 contract

Samples: Advisory Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

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