Common use of Non-Standard Services Clause in Contracts

Non-Standard Services. Non-standard services will be provided at the following aggregate departmental hourly personnel rates. · IT Application services at $*** per hour · IT Infrastructure services at $*** per hour Non-standard services may include any of the following services, in addition to any other non-standard services as may be mutually agreed to from time to time, and will be billed as incurred but not less frequently than quarterly in arrears: · Deviation from the Service Provider’s standard desktop suite · Review, approval and implementation of any non-standard services and technologies due to the shared infrastructure employed by the Service Provider, including: · Hardware · Software · Third Person services · Consulting fees (both internal and external) · Other costs required to put the service/functionality in place, which may also require an ongoing support and maintenance fee · Website services · Including implementation of customer facing websites · Creation of a web site for the Company which will incorporate basic functionality to be agreed upon · Implementation of extensive functionality, e.g. investor portals, advisor portals, multilingual support, etc. · Employee facing web sites or intranet utilizing SharePoint, or another tool, as its website creation and content management tool · Services provided to locations other than existing locations of the Corporate Offices may be considered non-standard and billed accordingly · Remote and HQ offices setup, relocation, remote decommissioning or divesting from the Service Provider · Significant upgrades in hardware or software · Services relating to separation from the Service Provider, which includes but may not be limited to isolating standard service(s), transferring web site management to another servicer, separating operations into a standalone network and migrating data from the Service Provider environment to some other environment · Service initiation work (connectivity, phone service, separate database/ASP work) · Software/hardware research, including work with consultants to determine appropriate software or hardware selection for specific business activities or implementation of such software/hardware Internal audit services will be provided based on the following hourly department personnel rates. · Vice President/Director/Department Head at $*** per hour · Staff Auditor at $*** per hour Internal audit services will include the following services and will be billed as incurred but not less frequently than quarterly in arrears: · Review and evaluate the effectiveness of the existing systems of internal controls · Review and evaluate operational effectiveness and efficiency · Review and evaluate the reliability of controls over financial reporting · Verify compliance with applicable laws and regulations · Review and evaluate the Company’s processes for assessing and managing business risk · Provide audit coverage for areas deemed appropriate as identified through a risk assessment process in conjunction with the judgment of management and the audit committee of the Board · Provide written audit reports and other communications to senior management of the Company and to the audit committee of the Board Real estate transactional support services will be provided for a non-refundable annual retainer of $*** for the first twelve months of the Administrative Services Agreement and $*** for each subsequent twelve month period against which the Service Provider will credit the Company for costs as incurred for its services based on the following hourly department personnel rates. Retainer amounts shall be payable on a quarterly basis in advance, with one-quarter of the annual retainer amount being payable on the first day of the quarter, be non-refundable and may be applied to any services billed during any subsequent quarter occurring during the 12- month period for which the retainer is paid. Services will be billed as incurred but not less frequently than quarterly in arrears. · Vice President/Director/Department Head at $*** per hour · Project Coordinator at $*** per hour The Service Provider’s Real Estate Transactional Support personnel will provide transactional support services to the Company in connection with an acquisition, disposition or financing of the Company’s assets (including, without limitation, due diligence services and other activities that support real estate-related investment-level transactions such as the contracting and review of third Person structural and environmental reports, review of targeted acquisition historical budget and financial data, historical utility information, retrieval and review of zoning and use data and review of leases and third Person contracts), the scope of which will be mutually agreed by the Company and the Service Provider at the time.

Non-Standard Services. Non-standard services will be provided at the following aggregate departmental hourly personnel rates. · IT Application services at $*** per hour · IT Infrastructure services at $*** per hour Non-standard services may include any of the following services, in addition to any other non-standard services as may be mutually agreed to from time to time, and will be billed as incurred but not less frequently than quarterly in arrears: · Deviation from the Service Provider’s standard desktop suite · Review, approval and implementation of any non-standard services and technologies due to the shared infrastructure employed by the Service Provider, including: · Hardware · Software · Third Person services · Consulting fees (both internal and external) · Other costs required to put the service/functionality in place, which may also require an ongoing support and maintenance fee · Website services · Including implementation of customer facing websites · Creation of a web site for the Company which will incorporate basic functionality to be agreed upon · Implementation of extensive functionality, e.g. investor portals, advisor portals, multilingual support, etc. · Employee facing web sites or intranet utilizing SharePoint, or another tool, as its website creation and content management tool · Services provided to locations other than existing locations of the Corporate Offices may be considered non-standard and billed accordingly · Remote and HQ offices setup, relocation, remote decommissioning or divesting from the Service Provider · Significant upgrades in hardware or software · Services relating to separation from the Service Provider, which includes but may not be limited to isolating standard service(s), transferring web site management to another servicer, separating operations into a standalone network and migrating data from the Service Provider environment to some other environment · Service initiation work (connectivity, phone service, separate database/ASP work) · Software/hardware research, including work with consultants to determine appropriate software or hardware selection for specific business activities or implementation of such software/hardware Internal audit services will be provided based on the following an aggregate department hourly department personnel rates. · Vice President/Director/Department Head at $*** per hour · Staff Auditor at $*** per hour Internal audit services will include the following services and will be billed as incurred but not less frequently than quarterly in arrears: · Review and evaluate the effectiveness of the existing systems of internal controls · Review and evaluate operational effectiveness and efficiency · Review and evaluate the reliability of controls over financial reporting · Verify compliance with applicable laws and regulations · Review and evaluate the Company’s processes for assessing and managing business risk · Provide audit coverage for areas deemed appropriate as identified through a risk assessment process in conjunction with the judgment of management and the audit committee of the Board · Provide written audit reports and other communications to senior management of the Company and to the audit committee of the Board Real estate transactional support services will be provided for a non-refundable annual retainer rate of $*** for the first twelve months of the Administrative Services Agreement and $*** for each subsequent twelve month period against which the Service Provider will credit the Company for costs as incurred for its . Non-standard services based on the following hourly department personnel rates. Retainer amounts shall be payable on a quarterly basis in advance, with one-quarter of the annual retainer amount being payable on the first day of the quarter, be non-refundable and may be applied to any services billed during any subsequent quarter occurring during the 12- month period for which the retainer is paid. Services will be billed as incurred but not less frequently than quarterly in arrears. · Vice PresidentRegulatory mailings · 8-Ks · Supplements · New York letters · Post-Effective Amendments · S-3s (information for REITs) · Label — for mailings · Proxies · Manage vendors · Provide alternatives or augmentation for solicitation · Verify record date shares · Return mail · Field questions on processes and other informational requests · Attest to results and report to Boards · Oversight and/or implementation of Imaging system · Workflow changes · Image retention per new legal instructions (WORM) · MIS (reporting of process, backlogs, system downtime, etc.) · Investor, attorney, financial advisor and broker/Director/Department Head at $dealer correspondence (associated with events such as listing, Change of Control transactions, or others of significance) · Estimated value letters · Position confirmation requests · Control number confirmation requests · Response letters · Complaint letters · Position requests · Legal issues to the extent not included in standard services. · Regulatory inquiries · Research and respond to inquiries · Listing event · Change of Control · Sale of multiple assets simultaneously or entire portfolio · Transition of information and materials for service separation Standard services will be provided based on the following cost per employee of the Company and its Subsidiaries and per employee of the Service Provider and its Affiliates performing on-site property management services per year, payable one-fourth each quarter in arrears (prorated for employee start and termination dates). · Executive, Asset Management, Legal and other non-Fund Accounting and Real Estate Accounting department personnel $ *** per hour · Project Coordinator at $Fund Accounting, Real Estate Accounting department personnel $ *** per hour The Service Provider’s Real Estate Transactional Support · Personnel at other corporate offices $ *** · On-site property management personnel will provide transactional support services $ *** · ABM/Contractors $ *** · Work order only $ *** With respect to Headquarters Personnel, pricing with respect to each additional employee shall be adjusted such that, if the number of employees (inclusive of the employee being hired) is less than or equal to ***, the cost for such additional employee shall be ***% of the amount set forth above, if the number of employees is greater than *** and less than or equal to ***, the cost for such additional employee shall be ***% of the amount set forth above and, if the number of employees is greater than ***, the cost for such additional employee shall be equal to the Company in connection with an acquisition, disposition or financing weighted average of cost of the Company’s assets (includingnumber of employees in the designated category that make up the first *** employees. Note that pricing may change, without limitation, due diligence services and other activities that support real estate-related investment-level transactions such as by the contracting and review mutual consent of third Person structural and environmental reports, review of targeted acquisition historical budget and financial data, historical utility information, retrieval and review of zoning and use data and review of leases and third Person contracts), the scope of which will be mutually agreed by the Company and the Service Provider if the Company requests a substantive change in the scope of standard services. · Standard services are to be provided at the timeService Provider’s US corporate headquarters or the Company’s Corporate Offices only and will include the following: · Access to, and support of, the Service Provider’s phone system and equipment that support the Company’s needs for local phone service, domestic long distance phone service and international long distance. · Access to, and support of, the Service Provider’s Internet connectivity for use by the Company · Server room services, including maintenance of hardware · Hosting, implementation, maintenance, support and implementation of routine updates requested by the Company to the uniform resource locator (URL) of xxxx://xxx.xxxxxxxxxxxxxxxx.xxx/Behringer_Harvard_REIT_I_Inc/ (the “Website”) and any other URLs that are necessary for the operation of the Website, consistent with past practice and consistent with the Service Provider’s operation of the domain name “xxxxxxxxxxxxxxxx.xxx” (the “Domain Name”) and the other URLs contained thereon · Routine technology purchasing/requisition services · Help desk support · On-site at the Company’s Bent Tree location 9am – 4pm Central Time (business days) · Server administration · Network administration · Manage desktop software licenses, as long as the Service Provider’s designated desktop suite is used (which may change from time to time as the Service Provider directs in its sole discretion). For illustration, the following is a list of items typically included in a desktop suite: · Windows desktop (various versions) · Office Standard (Word, Excel, PowerPoint, Outlook) · Various client access licenses (CAL’s) for example · Exchange email · MS SQL Server · SharePoint · Miscellaneous utilities for things such as antivirus or configuration management · Support of mobile devices for e-mail consistent with the Service Provider’s policies (which may change from time to time as the Service Provider directs in its sole discretion). Note that this may require the user to (i) permit administrator management software to run on the device to allow the Service Provider to, among other things, impose policy, remote wipe and restrict applications that may otherwise interfere with the Service Provider’s policies, etc., and (ii) agree to adhere to the Company’s cell phone policy, which shall be substantially similar to the Service Provider’s policy, appropriate use policy, and code of conduct. Refer to Exhibits C and D for additional details regarding Infrastructure and CRE Application services. These schedules may be modified from time to time with a change in pricing by mutual agreement of the Company and the Service Provider.

Non-Standard Services. Non-standard services will be provided at the following aggregate departmental hourly personnel rates. · IT Application services at $*** per hour · IT Infrastructure services at $*** per hour Non-standard services may include any of the following services, in addition to any other non-standard services as may be mutually agreed to from time to time, and will be billed as incurred but not less frequently than quarterly in arrears: · Deviation from the Service Provider’s standard desktop suite · Review, approval and implementation of any non-standard services and technologies due to the shared infrastructure employed by the Service Provider, including: · Hardware · Software · Third Person services · Consulting fees (both internal and external) · Other costs required to put the service/functionality in place, which may also require an ongoing support and maintenance fee · Website services · Including implementation of customer facing websites · Creation of a web site for the Company which will incorporate basic functionality to be agreed upon · Implementation of extensive functionality, e.g. investor portals, advisor portals, multilingual support, etc. · Employee facing web sites or intranet utilizing SharePoint, or another tool, as its website creation and content management tool · Services provided to locations other than existing locations of the Corporate Offices may be considered non-standard and billed accordingly · Remote and HQ offices setup, relocation, remote decommissioning or divesting from the Service Provider · Significant upgrades in hardware or software · Services relating to separation from the Service Provider, which includes but may not be limited to isolating standard service(s), transferring web site management to another servicer, separating operations into a standalone network and migrating data from the Service Provider environment to some other environment · Service initiation work (connectivity, phone service, separate database/ASP work) · Software/hardware research, including work with consultants to determine appropriate software or hardware selection for specific business activities or implementation of such software/hardware Internal audit services will be provided based on the following an aggregate department hourly department personnel rates. · Vice President/Director/Department Head at $*** per hour · Staff Auditor at $*** per hour Internal audit services will include the following services and will be billed as incurred but not less frequently than quarterly in arrears: · Review and evaluate the effectiveness of the existing systems of internal controls · Review and evaluate operational effectiveness and efficiency · Review and evaluate the reliability of controls over financial reporting · Verify compliance with applicable laws and regulations · Review and evaluate the Company’s processes for assessing and managing business risk · Provide audit coverage for areas deemed appropriate as identified through a risk assessment process in conjunction with the judgment of management and the audit committee of the Board · Provide written audit reports and other communications to senior management of the Company and to the audit committee of the Board Real estate transactional support services will be provided for a non-refundable annual retainer rate of $*** for the first twelve months of the Administrative Services Agreement and $*** for each subsequent twelve month period against which the Service Provider will credit the Company for costs as incurred for its . Non-standard services based on the following hourly department personnel rates. Retainer amounts shall be payable on a quarterly basis in advance, with one-quarter of the annual retainer amount being payable on the first day of the quarter, be non-refundable and may be applied to any services billed during any subsequent quarter occurring during the 12- month period for which the retainer is paid. Services will be billed as incurred but not less frequently than quarterly in arrears. · Vice PresidentRegulatory mailings · 8-Ks · Supplements · New York letters · Post-Effective Amendments · S-3s (information for REITs) · Label — for mailings · Proxies · Manage vendors · Provide alternatives or augmentation for solicitation · Verify record date shares · Return mail · Field questions on processes and other informational requests · Attest to results and report to Boards · Oversight and/or implementation of Imaging system · Workflow changes · Image retention per new legal instructions (WORM) · MIS (reporting of process, backlogs, system downtime, etc.) · Investor, attorney, financial advisor and broker/Director/Department Head at $dealer correspondence (associated with events such as listing, Change of Control transactions, or others of significance) · Estimated value letters · Position confirmation requests · Control number confirmation requests · Response letters · Complaint letters · Position requests · Legal issues to the extent not included in standard services. · Regulatory inquiries · Research and respond to inquiries · Listing event · Change of Control · Sale of multiple assets simultaneously or entire portfolio · Transition of information and materials for service separation Standard services will be provided based on the following cost per employee of the Company and its Subsidiaries and per employee of the Service Provider and its Affiliates performing on-site property management services per year, payable one-fourth each quarter in arrears (prorated for employee start and termination dates). Headquarters Personnel: · Executive, Asset Management, Legal and other non-Fund Accounting and Real Estate Accounting department personnel $ *** per hour · Project Coordinator at $Fund Accounting, Real Estate Accounting department personnel $ *** per hour The Service Provider’s Real Estate Transactional Support Non-Headquarters Personnel: · Personnel at other corporate offices $ *** · On-site property management personnel will provide transactional support services $ *** · ABM/Contractors $ *** · Work order only $ *** With respect to Headquarters Personnel, pricing with respect to each additional employee shall be adjusted such that, if the number of employees (inclusive of the employee being hired) is less than or equal to ***, the cost for such additional employee shall be ***% of the amount set forth above, if the number of employees is greater than *** and less than or equal to ***, the cost for such additional employee shall be ***% of the amount set forth above and, if the number of employees is greater than ***, the cost for such additional employee shall be equal to the Company in connection with an acquisition, disposition or financing weighted average of cost of the Company’s assets (includingnumber of employees in the designated category that make up the first *** employees. Note that pricing may change, without limitation, due diligence services and other activities that support real estate-related investment-level transactions such as by the contracting and review mutual consent of third Person structural and environmental reports, review of targeted acquisition historical budget and financial data, historical utility information, retrieval and review of zoning and use data and review of leases and third Person contracts), the scope of which will be mutually agreed by the Company and the Service Provider if the Company requests a substantive change in the scope of standard services. · Standard services are to be provided at the timeService Provider’s US corporate headquarters or the Company’s Corporate Offices only and will include the following: · Access to, and support of, the Service Provider’s phone system and equipment that support the Company’s needs for local phone service, domestic long distance phone service and international long distance. · Access to, and support of, the Service Provider’s Internet connectivity for use by the Company · Server room services, including maintenance of hardware · Hosting, implementation, maintenance, support and implementation of routine updates requested by the Company to the uniform resource locator (URL) of xxxx://xxx.xxxxxxxxxxxxxxxx.xxx/Behringer_Harvard_REIT_I_Inc/ (the “Website”) and any other URLs that are necessary for the operation of the Website, consistent with past practice and consistent with the Service Provider’s operation of the domain name “xxxxxxxxxxxxxxxx.xxx” (the “Domain Name”) and the other URLs contained thereon · Routine technology purchasing/requisition services · Help desk support · On-site at the Company’s Bent Tree location 9am — 4pm Central Time (business days) · Server administration · Network administration · Manage desktop software licenses, as long as the Service Provider’s designated desktop suite is used (which may change from time to time as the Service Provider directs in its sole discretion). For illustration, the following is a list of items typically included in a desktop suite: · Windows desktop (various versions) · Office Standard (Word, Excel, PowerPoint, Outlook) · Various client access licenses (CAL’s) for example · Exchange email · MS SQL Server · SharePoint · Miscellaneous utilities for things such as antivirus or configuration management · Support of mobile devices for e-mail consistent with the Service Provider’s policies (which may change from time to time as the Service Provider directs in its sole discretion). Note that this may require the user to (i) permit administrator management software to run on the device to allow the Service Provider to, among other things, impose policy, remote wipe and restrict applications that may otherwise interfere with the Service Provider’s policies, etc., and (ii) agree to adhere to the Company’s cell phone policy, which shall be substantially similar to the Service Provider’s policy, appropriate use policy, and code of conduct. Refer to Exhibits C and D for additional details regarding Infrastructure and CRE Application services. These schedules may be modified from time to time with a change in pricing by mutual agreement of the Company and the Service Provider.