Other Activities of the Administrator. Nothing herein shall prevent the Administrator or its Affiliates from engaging in other businesses or, in its sole discretion, from acting in a similar capacity as an Administrator for any other Person even though such Person may engage in business activities similar to those of the Issuer, the Owner Trustee or the Indenture Trustee.
Other Activities of the Administrator. The services provided by the Administrator to the Fund are not exclusive, and the Administrator may engage in any other business or render similar or different services to others, so long as its services to the Fund hereunder are not impaired thereby, and nothing in this Agreement shall limit or restrict the right of any manager, partner, member (including its members and the owners of its members), officer or employee of the Administrator to engage in any other business or to devote his or her time and attention in part to any other business, whether of a similar or dissimilar nature, or to receive any fees or compensation in connection therewith (including fees for serving as a director or trustee of, or providing consulting services to, one or more of the Fund’s portfolio companies, subject to applicable law). The Administrator assumes no responsibility under this Agreement other than to render the services called for hereunder. It is understood that trustees, officers, employees and shareholders of the Fund are or may become interested in the Administrator and its affiliates, as directors, officers, employees, partners, interestholders, members, managers or otherwise, and that the Administrator and directors, officers, employees, partners, interestholders, members and managers of the Administrator and its affiliates are or may become similarly interested in the Fund as shareholders or otherwise.
Other Activities of the Administrator. The services of the Administrator to the Company are not exclusive, and the Administrator, and each of its affiliates, may engage in any other business or render similar or different services to others. It is understood that directors, officers, employees and stockholders of the Company are or may become interested in the Administrator and its affiliates, as directors, officers, employees, partners, stockholders, members, managers or otherwise, and that the Administrator and directors, officers, employees, partners, stockholders, members and managers of the Administrator and its affiliates are, or may become, similarly interested in the Company as stockholders or otherwise.
Other Activities of the Administrator. Nothing herein contained will prevent the Administrator from engaging in other activities, including, without limitation, the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the Administrator or its Affiliates; nor will this Agreement limit or restrict the right of any director, officer, employee or shareholder of the Administrator or its Affiliates to engage in any other business or to render services of any kind to any other partnership, corporation, firm, individual, trust or association. The Administrator will report to the Directors the existence of any condition or circumstance, existing or anticipated, of which it has knowledge, which creates or could create a conflict of interest between the Administrator’s obligations to the Company and its obligations to or its interest in any other partnership, corporation, firm, individual, trust or association. The Administrator or its Affiliates will promptly disclose to the Directors knowledge of such condition or circumstance. If the Sponsor, Administrator, Director or Affiliates thereof have sponsored other investment programs with similar investment objectives which have investment funds available at the same time as the Company, it will be the duty of the Directors (including the Independent Directors) to adopt the method set forth in the Registration Statement or another reasonable method by which investments are to be allocated to the competing investment entities and to use their best efforts to apply such method fairly to the Company.
Other Activities of the Administrator. Subject to all applicable law, the services of the Administrator to the Company are not exclusive, and the Administrator may engage in any other business or render similar or different services to others including, without limitation, the direct or indirect sponsorship or management of other investment-based accounts or commingled pools of capital, however structured, having investment objectives similar to or different from those of the Company, and nothing in this Agreement shall limit or restrict the right of any manager, partner, member (including its members and the owners of its members), director, officer or employee of the Administrator to engage in any other business or to devote his or her time and attention in part to any other business, whether of a similar or dissimilar nature, or to receive any fees or compensation in connection therewith. The Administrator assumes no responsibility under this Agreement other than to render the services called for hereunder. It is understood that directors, officers, employees and shareholders of the Company are or may become interested in the Administrator and its affiliates, as directors, officers, employees, partners, shareholders, members, managers or otherwise, and that the Administrator and directors, officers, employees, partners, shareholders, members and managers of the Administrator and its affiliates are or may become interested in the Company as shareholders or otherwise.
Other Activities of the Administrator. The services provided by the Administrator to the Trust are not exclusive and the Administrator may engage in any other business or render similar or different services to others so long as its services hereunder are not impaired thereby. Nothing in this Agreement shall limit or restrict the right of any manager, partner, member, officer, or employee of the Administrator to engage in any other business or to devote his or her time and attention in part to any other business, whether of a similar or dissimilar nature, or to receive any fees or compensation in connection therewith, subject to applicable law. It is understood that trustees, officers, employees and shareholders of Trust are or may become interested in the Administrator and its affiliates, as directors, officers, employees, partners, members, managers or otherwise, and that the Administrator and directors, officers, employees, partners, members, and managers of the Administrator and its affiliates are or may become similarly interested in the Trust as shareholders or otherwise.
Other Activities of the Administrator.
(a) RSI and the Administrator acknowledge that the Administrator may be engaged in the future in a variety of other businesses including business interests which may be similar to or competitive with those of RSI. RSI hereby acknowledges and consents that nothing herein shall prevent the Administrator or any of its shareholders, officers, directors, employees or its Affiliates and their respective shareholders, officers, directors and employees from having other business interests or from engaging in any other business activities or from providing services to any other person even though such person may have investments or business interests similar to those of RSI, and is understood and agreed that every such party shall have the free and unrestricted right independently to engage in and receive the full benefits of any and all business endeavours or any kind whatsoever, whether or not competitive with endeavours or investments of RSI and without consulting with RSI or inviting RSI to participate in such endeavours.
(b) To the extent there is a conflict of interest between the Administrator acting in that capacity and RSI in respect of any matter, the resolution of the conflict by the Administrator must be fair and reasonable and for the purposes hereof such a resolution by the Administrator shall be deemed fair and reasonable if:
(i) it is approved by the Directors in the manner provided for in the Act and its governing documents of RSI for decisions by the Directors;
(ii) it is on commercial terms otherwise available to RSI from unrelated third parties;
(iii) it is fair to RSI taking into account the totality of the relationships between the parties involved; or
(iv) it is not inconsistent with the business objectives and financial resources of RSI. In the absence of bad faith by the Administrator, the resolutions, actions or terms so made by the Administrator in respect of such matters shall not constitute a breach of this Agreement or breach of any standard of care of duty imposed herein or under any law, rule or regulation. In any event, the Administrator shall not be considered to be a fiduciary of RSI and will only have the obligations provided for expressly in this Agreement and no other obligations, duties or standard of care shall be implied and no different standard shall be imposed by any law, rule or regulation or otherwise and RSI agrees that it shall not seek to have any different standard imposed.
(c) In the event of any conflict of int...
