Common use of Payments to and Duties of Adviser Upon Termination Clause in Contracts

Payments to and Duties of Adviser Upon Termination. (i) After the termination of this Agreement, the Adviser shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements and all earned but unpaid fees payable to the Adviser prior to termination of this Agreement. If the Company and the Adviser cannot agree on the amount of such reimbursements and fees, the parties will submit to binding arbitration. (ii) The Adviser shall promptly upon termination: (A) Deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (B) Deliver to the Board all assets and documents of the Company then in custody of the Adviser; and (C) Cooperate with the Company to provide an orderly management transition.

Payments to and Duties of Adviser Upon Termination. (i) After the termination of this Agreement, the Adviser shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements and all earned but unpaid fees payable to the Adviser prior to termination of this Agreement. If the Company and the Adviser cannot agree on the amount of such reimbursements and fees, the parties will submit to binding arbitration. (ii) The Adviser shall promptly upon termination: (A) Deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (B) Deliver to the Board all assets and documents of the Company then in custody of the Adviser; and (C) Cooperate with the Company to provide an orderly management transition. The following provisions in this Section 9 shall apply for only so long as the shares of the Company are not listed on a national securities exchange.

Payments to and Duties of Adviser Upon Termination. (i) After the termination of this Agreement, the Adviser shall not be entitled to compensation or reimbursement for further services provided hereunder hereunder, except that it shall be entitled to receive from the Company Corporation within 30 thirty (30) days after the effective date of such termination all unpaid reimbursements and all earned but unpaid fees payable to the Adviser prior to termination of this Agreement. If the Company and the Adviser cannot agree on the amount of such reimbursements and fees, the parties will submit to binding arbitration. (ii) The Adviser shall promptly upon termination: (A) Deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board; (B) Deliver to the Board all assets and documents of the Company Corporation then in custody of the Adviser; and (C) Cooperate with the Company Corporation to provide an orderly management transition. The following provisions in this Section 9 shall apply for only so long as shares of Common Stock are not listed on a national securities exchange.

Payments to and Duties of Adviser Upon Termination. (i) After the termination of this Agreement, the Adviser shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements and all earned but unpaid fees payable to the Adviser prior to termination of this Agreement. If the Company and the Adviser cannot agree on the amount of such reimbursements and , including any deferred fees, the parties will submit to binding arbitration. (ii) In the event of a termination by the Adviser pursuant to Section 10(b)(ii), above, the Adviser shall pay all direct expenses incurred as a direct result of its withdrawal up to but not exceeding $250,000. (iii) The Adviser shall promptly upon termination: (Aa) Deliver deliver to the Board of Trustees a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the BoardBoard of Trustees; (Bb) Deliver deliver to the Board of Trustees all assets and documents of the Company then in custody of the Adviser; and (Cc) Cooperate cooperate with the Company to provide an orderly management transitiontransition of services.

Payments to and Duties of Adviser Upon Termination. (i) After the termination of this Agreement, the Adviser shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements and all earned but unpaid fees payable to the Adviser prior to termination of this Agreement. If the Company and the Adviser cannot agree on the amount of such reimbursements and , including any deferred fees, the parties will submit to binding arbitration. (ii) In the event of a termination by the Adviser pursuant to Section 10(b)(ii), above, the Adviser shall pay all direct expenses incurred as a direct result of its withdrawal up to but not exceeding $250,000. (iii) The Adviser shall promptly upon termination: (Aa) Deliver deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the BoardBoard of Directors; (Bb) Deliver deliver to the Board of Directors all assets and documents of the Company then in custody of the Adviser; and (Cc) Cooperate cooperate with the Company to provide an orderly management transitiontransition of services.