Common use of No Fiduciary Relationship Clause in Contracts

No Fiduciary Relationship. Each of the Transaction Entities acknowledges that (i) it is contracting with the Underwriters on an arm’s length basis to provide the services described herein, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are and have been acting solely as a principal and are not acting in a fiduciary capacity with respect to the Company, the Operating Partnership, or their stockholders, partners, creditors or employees, (iii) the Underwriters have not and are not assuming or creating any advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and the Underwriters have not and are not assuming any duties or obligations in connection with the offering of the Offered Securities, other than those expressly set forth in this Agreement, and (iv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Company acknowledges and agrees that (i) it the purchase and sale of the Bonds pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Company on the one hand, and the Underwriters on an arm’s length basis to provide the services described hereinother hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its shareholders, the Operating Partnershipcreditors, employees, or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Corporation acknowledges and agrees that (i) it the purchase and sale of the Notes pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Corporation on the one hand, and the Underwriters on an arm’s length basis to provide the services described hereinother hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCorporation or its shareholders, the Operating Partnershipcreditors, employees, or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership Corporation with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership Corporation on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Corporation with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Corporation, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership Corporation has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Company acknowledges and agrees that (i) it the purchase and sale of the Notes pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Company on the one hand, and the Underwriters on an arm’s length basis to provide the services described hereinother hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its shareholders, the Operating Partnershipcreditors, employees, or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of The Company and the Transaction Entities acknowledges Operating Partnership acknowledge and agree that (i) it the purchase and sale of the Securities pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Underwriters Company and the Operating Partnership, on an arm’s length basis to provide the services described hereinone hand, and the Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the Company, the Operating Partnership, Partnership or their stockholdersrespective securityholders, partnerscreditors, creditors employees or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties Company or obligations in connection the Operating Partnership with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company and the Operating Partnership, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transactions contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the The Transaction Entities acknowledges acknowledge and agree that (i) it the purchase and sale of the Securities pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Underwriters Company and the Operating Partnership, on an arm’s length basis to provide the services described hereinone hand, and the Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the Company, the Operating Partnership, Partnership or their stockholdersrespective securityholders, partnerscreditors, creditors employees or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties Company or obligations in connection the Operating Partnership with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company and the Operating Partnership, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transactions contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each The Company acknowledges and agrees that (a) the purchase and sale of the Transaction Entities acknowledges that (i) it Bonds pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Company on the one hand, and the Underwriters on an arm’s length basis to provide the services described hereinother hand, (iib) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its shareholders, the Operating Partnershipcreditors, employees, or their stockholders, partners, creditors or employeesany other party, (iiic) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (d) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ive) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Fund acknowledges and agrees that (i) it the purchase and sale of the Securities pursuant to this Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is contracting with an arm’s-length commercial transaction between the Underwriters Fund, on an arm’s length basis to provide the services described hereinone hand, and the several Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are transaction each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the Company, the Operating Partnership, Fund or their its stockholders, partnerscreditors, creditors employees or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership Fund with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership Fund on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Fund with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Fund, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and each of the Company and the Operating Partnership Fund has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Company acknowledges and agrees that (i) it the purchase and sale of the Notes pursuant to this Agreement, including the determination of the public offering price of the Notes and any related discounts and commissions, is contracting with an arm’s-length commercial transaction between the Underwriters Company, on an arm’s length basis to provide the services described hereinone hand, and the several Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its shareholders, the Operating Partnershipcreditors, employees or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Company acknowledges and agrees that (i) it the purchase and sale of the Shares pursuant to this Agreement, including the determination of the public offering price of the Shares and any related discounts and commissions, is contracting with an arm’s-length commercial transaction between the Underwriters Company, on an arm’s length basis to provide the services described hereinone hand, and the several Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its shareholders, the Operating Partnershipcreditors, employees or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Fund acknowledges and agrees that (i) it the purchase and sale of the Shares pursuant to this Agreement, including the determination of the public offering price of the Shares and any related discounts and commissions, is contracting with an arm’s-length commercial transaction between the Underwriters Fund on an arm’s length basis to provide the services described hereinone hand, and the Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the Company, the Operating PartnershipFund, or their its stockholders, partnerscreditors, creditors employees or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership Fund with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership Fund on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Fund with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Fund, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and each of the Company and the Operating Partnership Fund has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Company acknowledges and agrees that (i) it the purchase and sale of the Shares pursuant to this Agreement, is contracting with an arm’s-length commercial transaction between the Underwriters Company, on an arm’s length basis to provide the services described hereinone hand, and the Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its shareholders, the Operating Partnershipcreditors, employees or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Company acknowledges and agrees that (i) it the purchase and sale of the Notes pursuant to this Agreement, is contracting with an arm’s-length commercial transaction between the Underwriters Company, on an arm’s length basis to provide the services described hereinone hand, and the Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its shareholders, the Operating Partnershipcreditors, employees or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Fund acknowledges and agrees that (i) it the purchase and sale of the Securities pursuant to this Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is contracting with an arm's-length commercial transaction between the Underwriters Fund on an arm’s length basis to provide the services described hereinone hand, and the several Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are transaction each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the Company, the Operating PartnershipFund, or their its stockholders, partnerscreditors, creditors employees or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership Fund with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership Fund on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Fund with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Fund, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and each of the Company and the Operating Partnership Fund has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Fund acknowledges and agrees that (i) it the purchase and sale of the Securities pursuant to this Agreement, including the determination of the public offering price of the Securities and any related discounts and commissions, is contracting with an arm’s-length commercial transaction between the Underwriters Fund on an arm’s length basis to provide the services described hereinone hand, and the several Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are transaction each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the Company, the Operating PartnershipFund, or their its stockholders, partnerscreditors, creditors employees or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership Fund with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership Fund on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Fund with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Fund, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and each of the Company and the Operating Partnership Fund has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each The Company acknowledges and agrees that (a) the purchase and sale of the Transaction Entities acknowledges that (i) it Notes pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Company on the one hand, and the Underwriters on an arm’s length basis to provide the services described hereinother hand, (iib) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its shareholders, the Operating Partnershipcreditors, employees, or their stockholders, partners, creditors or employeesany other party, (iiic) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (d) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ive) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Corporation acknowledges and agrees that (i) it the purchase and sale of the Shares pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Corporation on the one hand, and the Underwriters on an arm’s length basis to provide the services described hereinother hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCorporation or its shareholders, the Operating Partnershipcreditors, employees, or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership Corporation with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership Corporation on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Corporation with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Corporation, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership Corporation has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Company acknowledges and agrees that (i) it the purchase and sale of the Notes pursuant to this Agreement, including the determination of the public offering price of the Notes and any related discounts and commissions, is contracting with an arm’s-length commercial transaction between the Underwriters Company, on an arm’s length basis to provide the services described hereinone hand, and the several Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are transaction each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its shareholders, the Operating Partnershipcreditors, employees or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each The Company acknowledges and agrees that (a) the sale of the Transaction Entities acknowledges that (i) it Shares contemplated by this Agreement, including the determination of the public offering price of the Shares and any related fees, is contracting with an arm’s-length commercial transaction between the Underwriters Company, on an arm’s length basis to provide the services described hereinone hand, and the several Underwriters, on the other hand, (iib) in connection with the offering Offering contemplated hereby and the process leading to such transaction, each Underwriter is not the Underwriters are and have been acting solely as a principal and are not acting in a fiduciary capacity with respect to of the Company, the Operating Partnershipor its shareholders, creditors, employees or their stockholders, partners, creditors or employeesany other party, (iiic) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering Offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or Company with respect to the Offering contemplated hereby except the obligations in connection with the offering of the Offered Securities, other than those expressly set forth in this Agreement, (d) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ive) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering Offering contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Company acknowledges and agrees that (i) it the purchase and sale of the Securities pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Underwriters Company, on an arm’s length basis to provide the services described hereinone hand, and the Underwriters, on the other hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its securityholders, the Operating Partnershipcreditors, employees or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transactions contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Company acknowledges and agrees that (i) it the purchase and sale of the Bonds pursuant to this Agreement is contracting with an arm's-length commercial transaction between the Company on the one hand, and the Underwriters on an arm’s length basis to provide the services described hereinother hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its shareholders, the Operating Partnershipcreditors, employees, or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Corporation acknowledges and agrees that (i) it the purchase and sale of the Notes pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Corporation on the one hand and the Underwriters on an arm’s length basis to provide the services described hereinother hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCorporation or its shareholders, the Operating Partnershipcreditors, employees, or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership Corporation with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership Corporation on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Corporation with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Corporation, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership Corporation has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Corporation acknowledges and agrees that (i) it the purchase and sale of the Debentures pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Corporation on the one hand, and the Underwriters on an arm’s length basis to provide the services described hereinother hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCorporation or its shareholders, the Operating Partnershipcreditors, employees, or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership Corporation with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership Corporation on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Corporation with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Corporation, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership Corporation has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities The Company acknowledges and agrees that (i) it the purchase and sale of the Notes pursuant to this Agreement, is contracting with an arm’s-length commercial transaction between the Company on the one hand, and the Underwriters on an arm’s length basis to provide the services described hereinother hand, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its shareholders, the Operating Partnershipcreditors, employees, or their stockholders, partners, creditors or employeesany other party, (iii) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (iv) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ivv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each The Company acknowledges and agrees that (a) the purchase and sale of the Transaction Entities acknowledges that (i) it Bonds pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Underwriters Company on an arm’s length basis to provide the services described hereinone hand, and the Underwriter on the other hand, (iib) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCompany or its shareholders, the Operating Partnershipcreditors, employees, or their stockholders, partners, creditors or employeesany other party, (iiic) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such the Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and the Underwriters have not and are not assuming any duties or obligations in connection Underwriter has no obligation to the Company with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (d) the Underwriter and its affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (ive) the Underwriters have Underwriter has not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.

No Fiduciary Relationship. Each of the Transaction Entities acknowledges that (i) it is contracting with the Underwriters on an arm’s 's length basis to provide the services described herein, (ii) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are and have been acting solely as a principal and are not acting in a fiduciary capacity with respect to the Company, the Operating Partnership, or their stockholders, partners, creditors or employees, (iii) the Underwriters have not and are not assuming or creating any advisory or fiduciary responsibility in favor of the Company or the Operating Partnership with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership on other matters) and the Underwriters have not and are not assuming any duties or obligations in connection with the offering of the Offered Securities, other than those expressly set forth in this Agreement, and (iv) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering contemplated hereby and each of the Company and the Operating Partnership has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.appropria

No Fiduciary Relationship. Each The Corporation acknowledges and agrees that (a) the purchase and sale of the Transaction Entities acknowledges that (i) it Debentures pursuant to this Agreement is contracting with an arm’s-length commercial transaction between the Corporation on the one hand, and the Underwriters on an arm’s length basis to provide the services described hereinother hand, (iib) in connection with the offering contemplated hereby and the process leading to such transaction, the Underwriters are each Underwriter is and have has been acting solely as a principal and are is not acting in a the agent or fiduciary capacity with respect to of the CompanyCorporation or its shareholders, the Operating Partnershipcreditors, employees, or their stockholders, partners, creditors or employeesany other party, (iiic) the Underwriters have not and are not assuming no Underwriter has assumed or creating any will assume an advisory or fiduciary responsibility in favor of the Company or the Operating Partnership Corporation with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company or the Operating Partnership Corporation on other matters) and no Underwriter has any obligation to the Underwriters have not and are not assuming any duties or obligations in connection Corporation with respect to the offering of contemplated hereby except the Offered Securities, other than those obligations expressly set forth in this Agreement, (d) the Underwriters and their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Corporation, and (ive) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the offering transaction contemplated hereby and each of the Company and the Operating Partnership Corporation has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.