Common use of Indemnification by the Advisor Clause in Contracts

Indemnification by the 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 misconduct or reckless 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 of the Advisor's advice or recommendation.

Appears in 6 contracts

Samples: Advisory Agreement (Hines Real Estate Investment Trust Inc), Advisory Agreement (Hines Real Estate Investment Trust Inc), Management Agreement (Berkeley Income Trust, Inc.)

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Indemnification by the Advisor. (a) The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses, 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 ’s misconduct or reckless disregard of its duties, but the negligence. The Advisor shall not be held responsible for any action of the Board of Directors in following or declining to follow any of advice or recommendation given by the Advisor's advice or recommendation.

Appears in 2 contracts

Samples: Advisory Agreement (Nexpoint Real Estate Strategies Fund), Advisory Agreement (Nexpoint Real Estate Strategies Fund)

Indemnification by the Advisor. The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses, expenses including reasonable attorneys' fees’ fees (which expenses may be advanced), 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 misconduct misconduct, or reckless disregard of its dutiesnegligence, but the Advisor shall not be held responsible for any action of the Board of Directors in following or declining to follow any of advice or recommendation given by the Advisor's advice or recommendation.

Appears in 1 contract

Samples: Advisory Agreement (CNL Hospitality Properties II, Inc.)

Indemnification by the Advisor. a) The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses, 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 ’s misconduct or reckless disregard of its duties, but the negligence. The Advisor shall not be held responsible for any action of the Board of Directors Manager in following or declining to follow any of advice or recommendation given by the Advisor's advice or recommendation.

Appears in 1 contract

Samples: Advisory Agreement (Nexpoint Real Estate Strategies Fund)

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Indemnification by the Advisor. (a) The Advisor shall indemnify and hold harmless the Company from contract or other liability, claims, damages, taxes or losses and related expenses, 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 ’s misconduct or reckless disregard of its duties, but the negligence. The Advisor shall not be held responsible for any action of the Board of Directors Manager in following or declining to follow any of advice or recommendation given by the Advisor's advice or recommendation.

Appears in 1 contract

Samples: Advisory Agreement (Nexpoint Real Estate Strategies Fund)

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