Common use of Payments of Fees and Expenses Clause in Contracts

Payments of Fees and Expenses. The Company and the Operating Partnership covenant and agree with one another and you that (a) the Company will pay or cause to be paid the following: (i) the printing and filing of the Registration Statement as originally filed and of each amendment thereto, (ii) the preparation, issuance and delivery of the Underwritten Securities or any related Underlying Securities, any certificates for the Underwritten Securities or such Underlying Securities or Depositary Receipts evidencing the Depositary Shares, as applicable, to the Underwriters, including capital duties, stamp duties, and stock transfer taxes, if any, (iii) the fees and other charges of the Company's counsel and accountants, (iv) the qualification of the Underwritten Securities under securities laws and real estate syndication laws in accordance with the provisions of Section 3(a)(iv) hereof, including filing fees and the reasonable fees and other charges of counsel for the Underwriters in connection therewith and in connection with the preparation of the Blue Sky Memorandum, (v) the printing and delivery to the Underwriters of copies of the Registration Statement as originally filed and of each amendment thereto, of the preliminary prospectuses, and of the Prospectus and any amendments or supplements thereto, (vi) the printing and delivery to the Underwriters of copies of the Blue Sky Memorandum; (vii) the fee of the NASD, including the reasonable fees and other charges of counsel for the Underwriters in connection with the NASD's review of the terms of the proposed public offering of the Shares, (viii) the fees and expenses incurred in connection with the listing of the Common Stock on the Nasdaq National Market, including filing and listing fees, (ix) the costs and expenses of the deposit of Preferred Stock under any Deposit Agreement in exchange for Depositary Receipts, including the charges of the Depositary in connection therewith and (x) the fees and expenses of the Depositary, including the fees and disbursements of counsel for the Depositary. Except as provided in this Agreement, any Terms Agreement or engagement letter, the Underwriters will pay all of their own costs and expenses, including the fees of their counsel, stock transfer taxes based on resale of any of the Underwritten Securities made by them and any advertising expenses connected with any offers they may make. If the applicable Terms Agreement is canceled or terminated by you in accordance with the provisions of Section 5 hereof, the Company also shall reimburse the Underwriters for its out-of-pocket expenses, including the reasonable fees and other charges of counsel for the Underwriters, to the extent provided in and limited by Section 8 hereof, and subject to any limitations set forth in the applicable engagement letter.

Payments of Fees and Expenses. The Company and the Operating Partnership covenant covenants and agree with one another and you the Underwriters that (a) the Company will pay or cause all expenses incident to be paid the followingperformance of its obligations under this Agreement, including: (i) the printing and filing of the Registration Statement as originally filed and of each amendment thereto, ; (ii) the preparation, issuance and delivery of the Underwritten Securities or any related Underlying Securities, any certificates for the Underwritten Securities or such Underlying Securities or Depositary Receipts evidencing the Depositary Shares, as applicable, Shares to the Underwriters, including capital duties, stamp duties, and stock transfer taxes, if any, ; (iii) the fees and other charges of the Company's counsel and accountants, ; (iv) the qualification of the Underwritten Securities Shares under securities laws and real estate syndication laws in accordance with the provisions of Section 3(a)(iv3(a)(iii) hereof, including filing fees and the reasonable fees and other charges of counsel for the Underwriters in connection therewith and in connection with the preparation of the Blue Sky Memorandum, ; (v) the printing and delivery to the Underwriters of copies of the Registration Statement as originally filed and of each amendment thereto, of the preliminary prospectuses, and of the Prospectus and any amendments or supplements thereto, ; (vi) the printing and delivery to the Underwriters of copies of the Blue Sky Memorandum; (vii) the fee of the NASD, including the reasonable fees and other charges of counsel for the Underwriters in connection with the NASD's review of the terms of the proposed public offering of the Shares, ; (viii) the fees and expenses incurred in connection with the listing of the Common Stock on the Nasdaq National Market, including filing and listing fees, ; and (ix) the costs and all out-of-pocket expenses of the deposit of Preferred Stock under any Deposit Agreement in exchange for Depositary ReceiptsUnderwriters, including the charges of the Depositary in connection therewith and (x) the fees and expenses of the Depositary, including the fees and disbursements of counsel counsel, incurred by the Underwriter in making preparations for the Depositary. Except as provided in this Agreementoffering, any Terms Agreement or engagement letterpurchase, the Underwriters will pay all of their own costs sale and expenses, including the fees of their counsel, stock transfer taxes based on resale of any delivery of the Underwritten Securities made by them Shares and any advertising expenses connected in connection with any offers they may maketheir services rendered pursuant to the Engagement Letter (as defined below). If the applicable Terms this Agreement is canceled or terminated by you the Representative in accordance with the provisions of Section Sections 5 or 8 hereof, the Company also shall reimburse the Underwriters for its out-of-pocket expenses, including the reasonable fees and other charges of counsel for the Underwriters, to the extent provided in and limited by Section 8 hereof, and subject to any limitations set forth in the applicable engagement letter.

Payments of Fees and Expenses. The Company and the Operating Partnership covenant covenants and agree with one another and you the Underwriters that (a) the Company will pay or cause all expenses incident to be paid the followingperformance of its obligations under this Agreement, including: (i) the printing and filing of the Registration Statement as originally filed and of each amendment thereto, (ii) the preparation, issuance and delivery of the Underwritten Securities or any related Underlying Securities, any certificates for the Underwritten Securities or such Underlying Securities or Depositary Receipts evidencing the Depositary Shares, as applicable, Shares to the Underwriters, including capital duties, stamp duties, and stock transfer taxes, if any, (iii) the fees and other charges of the Company's counsel and accountants, (iv) the qualification of the Underwritten Securities Shares under securities laws and real estate syndication laws in accordance with the provisions of Section 3(a)(iv3(a)(iii) hereof, including filing fees and the reasonable fees and other charges of counsel for the Underwriters in connection therewith and in connection with the preparation of the Blue Sky Memorandum, (v) the printing and delivery to the Underwriters of copies of the Registration Statement as originally filed and of each amendment thereto, of the preliminary prospectuses, and of the Prospectus and any amendments or supplements thereto, (vi) the printing and delivery to the Underwriters of copies of the Blue Sky Memorandum; (vii) the fee of the NASD, including the reasonable fees and other charges of counsel for the Underwriters in connection with the NASD's review of the terms of the proposed public offering of the Shares, (viii) the fees and expenses incurred in connection with the listing of the Common Stock on the Nasdaq National Market, including filing and listing fees, and (ix) the costs and all out-of-pocket expenses of the deposit of Preferred Stock under any Deposit Agreement in exchange for Depositary ReceiptsUnderwriters, including the charges of the Depositary in connection therewith and (x) the fees and expenses of the Depositary, including the fees and disbursements of counsel counsel, incurred by the Underwriter in making preparations for the Depositary. Except as provided in this Agreementoffering, any Terms Agreement or engagement letterpurchase, the Underwriters will pay all of their own costs sale and expenses, including the fees of their counsel, stock transfer taxes based on resale of any delivery of the Underwritten Securities made by them Shares and any advertising expenses connected in connection with any offers they may maketheir services rendered pursuant to the Engagement Letter (as defined below). If the applicable Terms this Agreement is canceled or terminated by you the Representative in accordance with the provisions of Section Sections 5 or 8 hereof, the Company also shall reimburse the Underwriters for its out-of-pocket expenses, including the reasonable fees and other charges of counsel for the Underwriters, to the extent provided in and limited by Section 8 hereof, and subject to any limitations set forth in the applicable engagement letter.

Payments of Fees and Expenses. The Company covenants and agrees with the Operating Partnership covenant and agree with one another and you Underwriters that (a) the Company will pay or cause to be paid the following: (i) the printing and filing of the Registration Statement as originally filed and of each amendment thereto, (ii) the preparation, issuance and delivery of the Underwritten Securities or any related Underlying Securities, any certificates for the Underwritten Securities or such Underlying Securities or Depositary Receipts evidencing the Depositary Shares, as applicable, Shares to the Underwriters, including capital duties, stamp duties, and stock transfer taxes, if any, (iii) the fees and other charges of the Company's counsel and accountants, (iv) the qualification of the Underwritten Securities Shares under securities laws and real estate syndication laws in accordance with the provisions of Section 3(a)(iv3(a)(iii) hereof, including filing fees and the reasonable fees and other charges of counsel for the Underwriters in connection therewith and in connection with the preparation of the Blue Sky Memorandum, (v) the printing and delivery to the Underwriters of copies of the Registration Statement as originally filed and of each amendment thereto, of the preliminary prospectuses, and of the Prospectus and any amendments or supplements thereto, (vi) the printing and delivery to the Underwriters of copies of the Blue Sky Memorandum; (vii) the fee of the NASD, including the reasonable fees and other charges of counsel for the Underwriters in connection with the NASD's review of the terms of the proposed public offering of the Shares, (viii) the fees and expenses incurred in connection with the listing of the Common Stock on the Nasdaq National Market, including filing and listing fees, and (ix) the costs and all out-of-pocket expenses of the deposit of Preferred Stock under any Deposit Agreement in exchange for Depositary ReceiptsUnderwriters, including the charges of the Depositary in connection therewith and (x) the fees and expenses of the Depositary, including the reasonable fees and disbursements of counsel counsel, reasonably incurred by the Underwriters in making preparations for the Depositary. Except as provided in this Agreementoffering, any Terms Agreement or engagement letterpurchase, the Underwriters will pay all of their own costs sale and expenses, including the fees of their counsel, stock transfer taxes based on resale of any delivery of the Underwritten Securities made by them and any advertising expenses connected with any offers they may makeShares. If the applicable Terms this Agreement is canceled or terminated by you the Representative in accordance with the provisions of Section 5 hereof, the Company also shall reimburse the Underwriters Underwrit- ers for its out-of-pocket expenses, including the reasonable fees and other charges of counsel for the Underwriters, to the extent provided in and limited by Section 8 hereof, and subject to any limitations set forth in the applicable engagement letter.