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 and receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, provided that the Subordinated Performance Fee, if any, shall be paid in accordance with the provisions of Section 3.01(c). (b) The Advisor shall promptly upon termination: (i) pay over to the Company all money collected and held for the account of the Company 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 the Assets, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with, and take all reasonable actions requested by, the Company to provide an orderly management transition.

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 and receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all contingent liabilities related to fees payable earned but not paid to the Advisor prior to termination of this Agreement, provided that subject to the Subordinated Performance Fee, if any, shall be paid in accordance with 2%/25% Guidelines to the provisions of Section 3.01(c)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 the AssetsAssets and Other Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with, and take all reasonable actions requested by, the Company and the Operating Partnership to provide an orderly management transition.

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 and receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, provided that the Subordinated Performance Fee, if any, shall be paid in accordance with the provisions of Section 3.01(c). (b) The Advisor shall promptly upon termination: (i) i. pay over to the Company all money collected and held for the account of the Company 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 the Assets, and documents of the Company then in the custody of the Advisor; and (iv) . cooperate with, and take all reasonable actions requested by, the Company to provide an orderly management transition.

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 and receive from the Company within 30 thirty days after the effective date of such the termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, provided that the Subordinated Performance Fee, if any, shall be paid in accordance with the provisions of Section 3.01(c). (b) The Advisor shall promptly upon termination: (i) pay over to the Company all money collected and held for the account of the Company 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 the Assets, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with, with the Company and take all reasonable actions requested by, by the Company to provide an orderly management transition.

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 and receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, expenses and all contingent liabilities related to earned but unpaid fees payable to the Advisor prior to termination of this Agreement, provided that subject to the Subordinated Performance Fee, if any, shall be paid in accordance with 2%/25% Guidelines to the provisions of Section 3.01(c)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 the Assetsall Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with, and take all reasonable actions requested by, the Company to provide and Board in making an orderly management transitiontransition of the advisory function. (c) In the event that Xxxxx & Steers Capital Management, Inc. is terminated as the Advisor, Xxxxx & Steers Capital Management, Inc. shall be entitled to full reimbursement of Organization and Offering Expenses it incurred on behalf of the Company at such time.

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 and receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, expenses and all contingent liabilities related to earned but unpaid fees payable to the Advisor prior to termination of this Agreement, provided that subject to the Subordinated Performance Fee, if any, shall be paid in accordance with 2%/25% Guidelines to the provisions of Section 3.01(c)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 the Assetsall Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and (iv) cooperate with, and take all reasonable actions requested by, the Company to provide and Board in making an orderly management transitiontransition of the advisory function, in each case at the Company’s expense.

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 and receive from the Company within 30 days after the effective date of such the termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereofhereof and the Master Modification Agreement, and all contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, provided that the Subordinated Performance Fee, if any, shall be paid in accordance with the provisions of Section 3.01(c). (b) The Advisor shall promptly upon termination: (i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after (unless this Agreement is terminated upon and in connection with the Self-Management Closing Date) 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 the Assets, and documents of the Company then in the custody of the Advisor; and (iv) cooperate with, with the Company and take all reasonable actions requested by, by the Company to provide an orderly management transition.