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

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 25 contracts

Samples: Advisory Agreement (Moody National REIT II, Inc.), Advisory Agreement (Moody National REIT II, Inc.), Merger Agreement (Moody National REIT I, Inc.)

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Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with with, and take all reasonable actions requested by, the Company and the Operating Partnership to provide an orderly management transition.

Appears in 10 contracts

Samples: Advisory Agreement (RREEF Property Trust, Inc.), Advisory Agreement (RREEF Property Trust, Inc.), Advisory Agreement (RREEF Property Trust, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board of Directors all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 10 contracts

Samples: Advisory Agreement (Moody National REIT I, Inc.), Advisory Agreement (Moody National REIT I, Inc.), Advisory Agreement (Moody National REIT I, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 thirty (30) days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 10 contracts

Samples: Advisory Agreement (Jones Lang LaSalle Income Property Trust, Inc.), Advisory Agreement (Jones Lang LaSalle Income Property Trust, Inc.), Advisory Agreement (Clarion Partners Property Trust Inc.)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 thirty (30) days after the effective date of such termination Termination Date all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this AgreementExpenses, subject to the 2%/25% Guidelines to the extent applicable, and all Management Fees earned but unpaid prior to termination of this Agreement. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses Expenses to which it is then entitledentitled under Section 19(a); (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 9 contracts

Samples: Advisory Agreement (Sterling Real Estate Trust), Advisory Agreement (Sterling Real Estate Trust), Advisory Agreement (Sterling Real Estate Trust)

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 17 shall be subject to the 2%/25% Guidelines to the extent applicable. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all InvestmentsProperties, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 7 contracts

Samples: Advisory Agreement (Cb Richard Ellis Realty Trust), Advisory Agreement (Cb Richard Ellis Realty Trust), Advisory Agreement (Cb Richard Ellis Realty Trust)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicableexclusive of disputed items arising out of possible unauthorized transactions. (b) The Advisor shall be entitled to receive all accrued but unpaid compensation and expense reimbursements in cash within 30 days of the Termination Date. (c) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board 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 BoardDirectors; (iii) deliver to the Board Directors all assets, including all InvestmentsProperties, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 7 contracts

Samples: Advisory Agreement (Escalate Wealth REIT I), Advisory Agreement (Escalate Wealth REIT I), Advisory Agreement (Escalate Wealth REIT I)

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 15 shall be subject to the 2%/25% Guidelines to the extent applicable. (aA) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable.; and (bB) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all InvestmentsProperties, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 6 contracts

Samples: Advisory Agreement (Wells Timberland REIT, Inc.), Advisory Agreement (Wells Timberland REIT, Inc.), Advisory Agreement (Wells Timberland REIT, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company Corporation or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company Corporation and the Operating Partnership all money collected and held for the account of the Company Corporation and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board of Directors all assets, including all Investments, Assets and documents of the Company Corporation and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company Corporation and the Operating Partnership to provide an orderly management transition.

Appears in 5 contracts

Samples: Advisory Agreement (Industrial Income Trust Inc.), Advisory Agreement (Income Property Trust of the Americas Inc.), Advisory Agreement (Industrial Income Trust Inc.)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination Termination Date all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 5 contracts

Samples: Advisory Agreement (Steadfast Apartment REIT III, Inc.), Advisory Agreement (Steadfast Apartment REIT, Inc.), Advisory Agreement (Steadfast Apartment REIT, Inc.)

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 18 shall be subject to the 2%/25% Guidelines to the extent applicable. (a) After the Termination Dateexpiration or termination of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 thirty (30) days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all Investments, assets and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 4 contracts

Samples: Advisory Agreement (REITPlus, Inc.), Advisory Agreement (REITPlus, Inc.), Advisory Agreement (REITPlus, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder hereunder, unless otherwise provided by the Board, except it shall be entitled to receive from the Company or the Operating Partnership within 30 thirty (30) days after the effective date of such termination Termination Date all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this AgreementExpenses, subject to the 2%/25% Guidelines to the extent applicable, and all Management Fees earned but unpaid prior to termination of this Agreement. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses Expenses to which it is then entitledentitled under Section 19(a); (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 3 contracts

Samples: Advisory Agreement (Sterling Real Estate Trust), Advisory Agreement (Sterling Real Estate Trust), Advisory Agreement (Sterling Real Estate Trust)

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 15 shall be subject to the 2%/25% Guidelines to the extent applicable. (aA) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable.; and (bB) The Advisor shall promptly upon termination: (iI) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (iiII) 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; (iiiIII) deliver to the Board all assets, including all InvestmentsProperties, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (ivIV) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 3 contracts

Samples: Advisory Agreement (Wells Timberland REIT, Inc.), Advisory Agreement (Wells Timber Real Estate Investment Trust, Inc.), Advisory Agreement (Wells Timberland REIT, Inc.)

Payments to and Duties of Advisor Upon Termination. Payments to the -------------------------------------------------- Advisor pursuant to this Section 19 shall be subject to the 2%/25% Guidelines to the extent applicable. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all InvestmentsProperties, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 3 contracts

Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc), Advisory Agreement (Wells Real Estate Investment Trust Inc), Advisory Agreement (Wells Real Estate Investment Trust Inc)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder hereunder, except it that the Advisor shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all Investmentsinvestments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 3 contracts

Samples: Advisory Agreement (MVP REIT II, Inc.), Merger Agreement (MVP REIT, Inc.), Merger Agreement (MVP REIT II, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or and the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with with, and take all reasonable actions requested by, the Company and the Operating Partnership to provide Board in making an orderly management transitiontransition of the advisory function.

Appears in 3 contracts

Samples: Advisory Agreement (Starwood Real Estate Income Trust, Inc.), Advisory Agreement (Starwood Real Estate Income Trust, Inc.), Advisory Agreement (Starwood Real Estate Income Trust, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) reasonably cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 2 contracts

Samples: Advisory Agreement (Steadfast Secure Income REIT, Inc.), Advisory Agreement (Steadfast Secure Income REIT, Inc.)

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Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 18 shall be subject to the 2%/25% Guidelines to the extent applicable. (aA) After the Termination Dateexpiration or termination of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 thirty (30) days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable.; and (bB) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all InvestmentsProperties and Real Estate Related Securities, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 2 contracts

Samples: Advisory Agreement (NNN Healthcare/Office REIT, Inc.), Advisory Agreement (NNN Healthcare/Office REIT, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 thirty (30) days after the effective date of such termination Termination Date all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this AgreementExpenses, subject to the 2%/25% Guidelines to the extent applicable, and all Management Fees earned but unpaid prior to termination of this Agreement. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses Expenses to which it is then entitledentitled under Section 19(a); (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 1 contract

Samples: Advisory Agreement (INREIT Real Estate Investment Trust)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or and the Operating Partnership within 30 thirty (30) days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 1 contract

Samples: Advisory Agreement (Jones Lang LaSalle Income Property Trust, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder hereunder, except it shall be entitled to receive from the Company or the Operating Partnership within 30 thirty (30) days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon terminationtermination of this Agreement: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 1 contract

Samples: Advisory Agreement (Empire American Realty Trust Inc)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 thirty (30) days after the effective date of such termination Termination Date all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this AgreementExpenses, subject to the 2%/25% Guidelines to the extent applicable, and all Management Fees earned but unpaid prior to termination of this Agreement. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses Expenses to which it is then entitledentitled under Section 19(a); (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.. Effective 1.1.15

Appears in 1 contract

Samples: Advisory Agreement (Sterling Real Estate Trust)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The the Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with with, and take all reasonable actions requested by, the Company and the Operating Partnership to provide Board in making an orderly management transitiontransition of the advisory function.

Appears in 1 contract

Samples: Advisory Agreement (IPC Alternative Real Estate Income Trust, Inc.)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder hereunder, unless otherwise provided by the Board, except it shall be entitled to receive from the Company or the Operating Partnership within 30 thirty (30) days after the effective date of such termination Termination Date all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement​ Expenses, subject to the 2%/25% Guidelines to the extent applicable, and all Management Fees earned but unpaid prior to termination of this Agreement. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses Expenses to which it is then entitledentitled under Section 19(a); (ii) 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; (iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 1 contract

Samples: Advisory Agreement (Sterling Real Estate Trust)

Payments to and Duties of Advisor Upon Termination. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company Corporation or the Operating Partnership (or the applicable Company Entity) within 30 thirty (30) days after the effective date of such termination Termination Date all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company Corporation and the Operating Partnership all money collected and held for the account of the Company Corporation and the Operating Partnership (or any other Company Entity) pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board of Directors all assets, including all Investments, documents relating to the Real Estate Assets owned by the Company Entities and documents of the Company Corporation and the Operating Partnership (and the other Company Entities) then in the custody of the Advisor; and (iv) cooperate with the Company Corporation and the Operating Partnership to provide an orderly management transition.

Appears in 1 contract

Samples: Advisory Agreement (Prime Realty Income Trust, Inc.)

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section (19) shall be subject to the 2%/25% Guidelines to the extent applicable. (a) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) deliver to the Board 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 BoardDirectors; (iii) deliver to the Board Directors all assets, including all InvestmentsProperties, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 1 contract

Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc)

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 15 shall be subject to the 2%/25% Guidelines to the extent applicable. (aA) After the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable. (bB) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all InvestmentsProperties, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 1 contract

Samples: Advisory Agreement (Wells Timberland REIT, Inc.)

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 18 shall be subject to the 2%/25% Guidelines to the extent applicable. (a) After the Termination Dateexpiration or termination of this Agreement, the Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Company or the Operating Partnership within 30 thirty (30) days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, subject to the 2%/25% Guidelines to the extent applicable.; and (b) The Advisor shall promptly upon termination: (i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (ii) 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; (iii) deliver to the Board all assets, including all InvestmentsProperties and Real Estate Related Securities, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.

Appears in 1 contract

Samples: Advisory Agreement (NNN Healthcare/Office REIT, Inc.)

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