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

Payments to and Duties of Advisor Upon Termination. 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 Trust 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. (a) The Advisor shall promptly upon termination: (i) pay over to the Trust all money collected and held for the account of the Trust 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 Trust then in the custody of the Advisor; and (iv) cooperate with, and take all reasonable actions requested by, the Trust and Board in making an orderly transition of the advisory function.

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 16 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 Trust Company within 30 days after the effective date of such termination the following: (i) all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement; and (ii) the Subordinated Performance Fee Due Upon Termination, provided that no Subordinated Performance Fee Due Upon Termination will be paid if the Company has paid or is obligated to pay the Subordinated Incentive Listing Fee. (ab) The Advisor shall promptly upon termination: (i) pay over to the Trust Company all money collected and held for the account of the Trust Company pursuant to this Agreement, if any, 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 investmentsProperties, and documents of the Trust Company then in the custody of the Advisor; and (iv) reasonably cooperate with, and take all reasonable actions requested by, with the Trust and Board in making Company to provide an orderly transition of the advisory functionfunctions.

Payments to and Duties of Advisor Upon Termination. After the Termination Date, the The Advisor shall not be entitled to compensation for further services hereunder except it shall be entitled to receive from the Trust within 30 days after the effective date of such the termination of this Agreement all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement.. Upon any such termination, the Advisor shall promptly: (a) The Advisor shall promptly upon termination: (i) pay over to the Trust all money collected and held for the account of the Trust pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled, pay over to the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (iib) 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 BoardBoard with respect to the Company and any Subsidiaries; (iiic) deliver to the Board all assets, including all investments, property and documents of the Trust Company and any Subsidiaries then in the custody of the Advisor; and (ivd) reasonably cooperate with, and take all reasonable actions requested by, with the Trust and Board Company in making executing an orderly transition of the advisory functionmanagement of the Company’s business to a new advisor.

Payments to and Duties of Advisor Upon Termination. After (a) From and after the Termination Date, the Advisor shall not be entitled to compensation for further services hereunder hereunder, except it shall be entitled to and receive from the Trust within 30 thirty (30) days after the effective date of such termination Termination Date all compensation accruing to the Termination Date and all unpaid reimbursements of expenses provided for herein, subject to the provisions of Section 3.02 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement. (ab) The Advisor shall promptly upon termination: (i) pay over to the Trust all money collected and held for the account of the Trust 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 investmentsthe Assets, and documents of the Trust then in the custody of the Advisor; and (iv) cooperate with, and take all reasonable actions requested by, the Trust and Board in making to provide an orderly transition of the advisory functionmanagement 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 Trust Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses expenses, subject to the provisions of Section 3.04 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement. (ab) In the event of a termination, the Advisor will have the right to tender its special limited partnership units for redemption in accordance with the Second Amended and Restated Agreement of Limited Partnership of the Partnership. (c) The Advisor shall promptly upon termination: (i) pay over to the Trust Company all money collected and held for the account of the Trust Company or the Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled;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;Board; (iii) deliver to the Board all assets, including all investmentsthe Assets, and documents of the Trust Company then in the custody of the Advisor; Advisor; and (iv) cooperate with, and take all reasonable actions requested by, the Trust and Board in making Company or the Partnership to provide an orderly transition of the advisory functionmanagement transition.

Payments to and Duties of Advisor Upon Termination. 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 Trust Company 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. (a) The Advisor shall promptly upon termination: (i) pay over to the Trust Company all money collected and held for the account of the Trust 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 all investments, and documents of the Trust Company then in the custody of the Advisor; and (iv) cooperate with, and take all reasonable actions requested by, the Trust Company and Board in making an orderly transition of the advisory function.

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Section 20 shall be subject to the 2.0%/25.0% 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 that it shall be entitled to the Acquisition Fee to the extent provided by Section 8(a) and it shall be entitled to receive from the Trust Company 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.; and (ab) The Advisor shall promptly upon termination: (i) pay over to the Trust Company all money collected and held for the account of the Trust 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 all investmentsProperties and Real Estate-Related Investments, and documents of the Trust Company then in the custody of the Advisor; and (iv) cooperate with, and take all reasonable actions requested by, with the Trust and Board in making Company to provide an orderly transition of the advisory functionmanagement transition.

Payments to and Duties of Advisor Upon Termination. Payments to the Advisor pursuant to this Paragraph (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 Trust Company within 30 days after the effective date Termination 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, exclusive of disputed items arising out of possible unauthorized transactions. (ab) The Advisor shall promptly upon termination: (i) pay over to the Trust Company all money collected and held for the account of the Trust 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 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, Loans, and other Permitted Investments, and documents of the Trust Company then in the custody of the Advisor; and (iv) cooperate with, and take all reasonable actions requested by, with the Trust and Board in making Company to provide an orderly transition of the advisory functionmanagement 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 Trust Company 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, exclusive of disputed items arising out of possible unauthorized transactions. (ab) The Advisor shall be entitled to receive all accrued but unpaid compensation and expense reimbursements in cash within 30 days of the date of termination. (c) The Advisor shall promptly upon termination: (i) pay over to the Trust Company all money collected and held for the account of the Trust 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 all investmentsthe Assets, and documents of the Trust Company then in the custody of the Advisor; and (iv) cooperate with, and take all reasonable actions requested by, the Trust and Board in making Company to provide an orderly transition of the advisory functionmanagement 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 receive from the Trust or Holdco 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. (ab) The Advisor shall promptly upon termination: (i) pay over to the Trust and Holdco all money collected and held for the account of the Trust and Holdco 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 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; (iii) deliver to the Board of Trustees all assets, including all investments, Assets and documents of the Trust and Holdco then in the custody of the Advisor; and (iv) cooperate with, and take all reasonable actions requested by, with the Trust and Board in making Holdco to provide an orderly transition of the advisory functionmanagement transition.