Common use of Indemnification by the Advisor Clause in Contracts

Indemnification by the Advisor. The Advisor shall indemnify and hold harmless the Company from all liabilities, claims, damages or losses, and related expenses, including reasonable attorneys’ fees, to the extent that such liabilities, claims, damages 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, intentional misconduct, gross negligence or reckless disregard of its duties; provided, however, that the Advisor shall not be held responsible for any action of the Board in following or declining to follow any advice or recommendation given by the Advisor.

Indemnification by the Advisor. The Advisor shall indemnify and hold harmless the Company from all liabilitiescontract or other liability, claims, damages damages, taxes or losses, losses and related expenses, expenses including reasonable attorneys’ ' fees, to the extent that such liabilitiesliability, claims, damages 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 misfeasancemisconduct or negligence and, intentional misconductin the case of a criminal proceeding, gross negligence or reckless disregard of its dutiesthe Advisor's conduct was unlawful; provided, 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.

Indemnification by the Advisor. The Advisor shall indemnify and hold harmless the Company from all contract or other liabilities, claims, damages damages, taxes or losses, losses and related expenses, including reasonable attorneys’ fees, to the extent that such liabilities, claims, damages 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, intentional misconduct, gross negligence or reckless disregard of its duties; provided, however, that the Advisor shall not be held responsible for any action of the Board in following or declining to follow any advice or recommendation given by the Advisor.

Indemnification by the Advisor. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from all liabilitiescontract or other liability, claims, damages damages, taxes or losses, losses and related expenses, expenses including reasonable attorneys’ fees, to the extent that (i) such liabilitiesliability, claims, damages 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, intentional misconduct, gross negligence or reckless disregard of its dutiesduties under this Agreement; provided, however, that the Advisor shall not be held responsible for any action of the Board in following or declining to follow any advice or recommendation given by the Advisor.