Common use of Non-Circumvention Clause in Contracts

Non-Circumvention. Neither the Manager, the Fund , nor any affiliates thereof, will (a) notify or actively solicit any Soliciting Dealer’s clients with respect to any further transactions, or (b) release the name and/or account information for any of any Soliciting Dealer’s clients to any other party unless required by court order, an authorized governmental or self-regulatory entity, or by the Operating Agreement to do so. For purposes of this paragraph “notify or solicit” shall not be deemed to include any direct and unassisted contact by a broker-dealer other than the Manager, the Dealer Manager or the Fund . The provisions of this section shall survive any termination of this Selling Agreement.

Non-Circumvention. Neither the Manager, the Fund , nor any affiliates thereof, will (a) notify or actively solicit any Soliciting Dealer’s clients with respect to any further transactions, or (b) release the name and/or account information for any of any Soliciting Dealer’s clients to any other party unless required by court order, an authorized governmental or self-regulatory entity, or by the Operating Agreement to do so. For purposes of this paragraph “notify or solicit” shall not be deemed to include any direct and unassisted contact by a broker-dealer other than the Manager, the Dealer Manager or the Fund Fund. The provisions of this section shall survive any termination of this Selling Agreement.

Non-Circumvention. Neither the Manager, the Fund , nor any affiliates thereof, will (a) notify or actively solicit any Soliciting Dealer’s 's clients with respect to any further transactions, or (b) release the name and/or account information for any of any Soliciting Dealer’s 's clients to any other party unless required by court order, an authorized governmental or self-regulatory entity, or by the Operating Agreement to do so. For purposes of this paragraph “"notify or solicit” " shall not be deemed to include any direct and unassisted contact by a broker-dealer other than the Manager, the Dealer Manager or the Fund . The provisions of this section shall survive any termination of this Selling Agreement.

Non-Circumvention. Neither the Manager, the Fund Fund, nor any affiliates thereof, will (a) notify or actively solicit any Soliciting Dealer’s clients with respect to any further transactions, or (b) release the name and/or account information for any of any Soliciting Dealer’s clients to any other party unless required by court order, an authorized governmental or self-regulatory entity, or by the Operating Agreement to do so. For purposes of this paragraph “notify or solicit” shall not be deemed to include any direct and unassisted contact by a broker-dealer other than the Manager, the Dealer Manager or the Fund or their respective Affiliates. The provisions of this section shall survive any termination of this Selling Agreement.

Non-Circumvention. Neither the Manager, the Fund , nor any affiliates thereof, will (a) notify or actively solicit any Soliciting Dealer’s 's clients with respect to any further transactions, or (b) release the name and/or account information for any of any Soliciting Dealer’s 's clients to any other party unless required by court order, an authorized governmental or self-regulatory entity, or by the Operating Agreement to do so. For purposes of this paragraph “notify Anotify or solicit” solicit@ shall not be deemed to include any direct and unassisted contact by a broker-dealer other than the Manager, the Dealer Manager or the Fund . The provisions of this section shall survive any termination of this Selling Agreement.

Non-Circumvention. Neither the ManagerAdvisor, the Fund REIT , nor any affiliates thereof, will (a) notify or actively solicit any Soliciting Dealer’s 's clients with respect to any further transactions, or (b) release the name and/or account information for any of any Soliciting Dealer’s 's clients to any other party unless required by court order, an authorized governmental or self-regulatory entity, or by the Operating Agreement to do so. For purposes of this paragraph “notify "notify" or solicit” "solicit shall not be deemed to include any direct and unassisted contact by a broker-dealer other than the ManagerAdvisor, the Dealer Manager or the Fund REIT . The provisions of this section shall survive any termination of this Selling Agreement.

Non-Circumvention. Neither the Manager, the Fund , nor any affiliates thereof, will (a) notify or actively solicit any Soliciting Dealer’s clients with respect to any further transactions, or (b) release the name and/or account information for any of any Soliciting Dealer’s clients to any other party unless required by court order, an authorized governmental or self-regulatory entity, or by the Operating Agreement to do so. For purposes of this paragraph “notify or solicit” shall not be deemed to include any direct and unassisted contact by a broker-dealer other than the Manager, the Dealer Manager or the Fund Fund. The provisions of this section shall survive any termination of this Selling Dealer Manager Agreement.

Non-Circumvention. Neither the Manager, the Fund , nor any affiliates thereof, will (a) notify or actively solicit any Soliciting Dealer’s clients with respect to any further transactions, or (b) release the name and/or account information for any of any Soliciting Dealer’s clients to any other party unless required by court order, an authorized governmental or self-regulatory entity, or by the Operating Agreement to do so. For purposes of this paragraph “notify Anotify or solicit” solicit@ shall not be deemed to include any direct and unassisted contact by a broker-dealer other than the Manager, the Dealer Manager or the Fund . The provisions of this section shall survive any termination of this Selling Agreement.

Non-Circumvention. Neither the ManagerAdvisor, the Fund REIT, nor any affiliates thereof, will (a) notify or actively solicit any Soliciting Dealer’s 's clients with respect to any further transactions, or (b) release the name and/or account information for any of any Soliciting Dealer’s 's clients to any other party unless required by court order, an authorized governmental or self-regulatory entity, or by the Operating Agreement to do so. For purposes of this paragraph “notify "notify" or solicit” "solicit shall not be deemed to include any direct and unassisted contact by a broker-dealer other than the ManagerAdvisor, the Dealer Manager or the Fund REIT. The provisions of this section shall survive any termination of this Selling Agreement.