Common use of Policy with Respect to Allocation of Tenant Rental Opportunities Clause in Contracts

Policy with Respect to Allocation of Tenant Rental Opportunities. Before Manager markets leasable space owned by an Affiliate of Owner to a prospective tenant, the needs of which would in Manager’s judgment be met by leasable space owned by Owner, Manager shall determine in its sole discretion that the prospective tenant’s needs would be better met by leasable space owned by another owner. In the event that Manager is marketing to a prospective tenant whose needs would, in the sole discretion of Manager, equally be met by leasable space owned by Owner and another Xxxxxxx Capital Corporation-sponsored program, then Manager may more aggressively market the leasable space owned by the other program if it has had the longest period of time elapse since space owned by it was aggressively marketed by Manager. Manager will use its reasonable efforts to fairly allocate prospective tenant opportunities in accordance with such allocation method and will promptly disclose any material deviation from such policy or the establishment of a new policy, which shall be allowed, provided (1) the Board of Directors of The GC Net Lease REIT is provided with notice of such policy at least 60 days prior to such policy becoming effective and (2) such policy provides for the reasonable allocation of prospective tenant marketing opportunities among such programs. Manager shall provide the Board of Directors of The GC Net Lease REIT with any information reasonably requested so that the Board of Directors of The GC Net Lease REIT may determine that the allocation of prospective tenant marketing opportunities is applied fairly. Nothing herein shall be deemed to prevent Manager or an Affiliate from marketing leasable space that it may own rather than aggressively marketing space owned by Owner or an Affiliate of Owner so long as Manager is fulfilling its obligation to market vacant space owned by Owner in a manner consistent with the policies and objectives of Owner.

Appears in 3 contracts

Samples: And Construction Management Agreement (Gc Net Lease Reit, Inc.), And Construction Management Agreement (Gc Net Lease Reit, Inc.), And Construction Management Agreement (Gc Net Lease Reit, Inc.)

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Policy with Respect to Allocation of Tenant Rental Opportunities. Before Manager markets leasable space owned by an Affiliate of Owner to a prospective tenant, the needs of which would in Manager’s judgment be met by leasable space owned by Owner, Manager shall determine in its sole discretion that the prospective tenant’s needs would be better met by leasable space owned by another owner. In the event that Manager is marketing to a prospective tenant whose needs would, in the sole discretion of Manager, equally be met by leasable space owned by Owner and another Xxxxxxx Capital Corporation-sponsored program, then Manager may more aggressively market the leasable space owned by the other program if it has had the longest period of time elapse since space owned by it was aggressively marketed by Manager. Manager will use its reasonable efforts to fairly allocate prospective tenant opportunities in accordance with such allocation method and will promptly disclose any material deviation from such policy or the establishment of a new policy, which shall be allowed, provided (1) the Board of Directors of The GC Net Lease the REIT is provided with notice of such policy at least 60 days prior to such policy becoming effective and (2) such policy provides for the reasonable allocation of prospective tenant marketing opportunities among such programs. Manager shall provide the Board of Directors of The GC Net Lease the REIT with any information reasonably requested so that the Board of Directors of The GC Net Lease the REIT may determine that the allocation of prospective tenant marketing opportunities is applied fairly. Nothing herein shall be deemed to prevent Manager or an Affiliate from marketing leasable space that it may own rather than aggressively marketing space owned by Owner or an Affiliate of Owner so long as Manager is fulfilling its obligation to market vacant space owned by Owner in a manner consistent with the policies and objectives of Owner.

Appears in 2 contracts

Samples: And Construction Management Agreement (Griffin Capital Essential Asset REIT, Inc.), And Construction Management Agreement (Griffin Capital Essential Asset REIT II, Inc.)

Policy with Respect to Allocation of Tenant Rental Opportunities. Before the Manager markets leasable space owned by an Affiliate of Owner to a prospective tenant, the needs of which would in the Manager’s judgment be met by leasable space owned by Owner, the Manager shall determine in its sole discretion that the prospective tenant’s needs would be better met by leasable space owned by another owner. In the event that the Manager is marketing to a prospective tenant whose needs would, in the sole discretion of the Manager, equally be met by leasable space owned by Owner and another Xxxxxxx Capital CorporationXxxxx-sponsored program, then the Manager may more aggressively market the leasable space owned by the other program if it has had the longest period of time elapse since space owned by it was aggressively marketed by Manager. The Manager will use its reasonable efforts to fairly allocate prospective tenant opportunities in accordance with such allocation method and will promptly disclose any material deviation from such policy or the establishment of a new policy, which shall be allowed, allowed provided (1) the Board of Directors of The GC Net Lease Xxxxx REIT is provided with notice of such policy at least 60 days prior to such policy becoming effective and (2) such policy provides for the reasonable allocation of prospective tenant marketing opportunities among such programs. The Manager shall provide the Board of Directors of The GC Net Lease Xxxxx REIT with any information reasonably requested so that the Board of Directors of The GC Net Lease Xxxxx REIT may determine can insure that the allocation of prospective tenant marketing opportunities is applied fairly. Nothing herein shall be deemed to prevent the Manager or an Affiliate from marketing leasable space that it may own rather than aggressively marketing space owned by Owner or an Affiliate of Owner so long as the Manager is fulfilling its obligation to market vacant space owned by Owner in a manner consistent with the policies and objectives of the Owner.

Appears in 1 contract

Samples: And Construction Management Agreement (Wells Real Estate Investment Trust Inc)

Policy with Respect to Allocation of Tenant Rental Opportunities. Before the Manager markets leasable space owned by an Affiliate of Owner another Xxxxx-sponsored program to a prospective tenant, the needs of which would in the Manager’s 's judgment be met by leasable space owned by Owner, the Manager shall determine in its sole discretion that the prospective tenant’s 's needs would be better met by leasable space owned by another owner. In the event that the Manager is marketing to a prospective tenant whose needs would, in the sole discretion of the Manager, equally be met by leasable space owned by Owner and another Xxxxxxx Capital CorporationXxxxx-sponsored program, then the Manager may more aggressively market the leasable space owned by the other program if it has had the longest period of time elapse since space owned by it was aggressively marketed by Manager. The Manager will use its reasonable efforts to fairly allocate prospective tenant opportunities in accordance with such allocation method and will promptly disclose any material deviation from such policy or the establishment of a new policy, which shall be allowed, allowed provided (1) the Board board of Directors directors of The GC Net Lease Xxxxx REIT II is provided with notice of such policy at least 60 days prior to such policy becoming effective and (2) such policy provides for the reasonable allocation of prospective tenant marketing opportunities among such programs. The Manager shall provide the Board of Directors of The GC Net Lease REIT Conflicts Committee with any information reasonably requested so that the Board of Directors of The GC Net Lease REIT may determine Conflicts Committee can insure that the allocation of prospective tenant marketing opportunities is applied fairly. Nothing herein shall be deemed to prevent the Manager or an Affiliate from marketing leasable space that it may own rather than aggressively marketing space owned by Owner or an Affiliate of Owner another Xxxxx-sponsored program so long as the Manager is fulfilling its obligation to market vacant space owned by Owner in a manner consistent with the policies and objectives of the Owner.

Appears in 1 contract

Samples: And Construction Management Agreement (Wells Real Estate Investment Trust Ii Inc)

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Policy with Respect to Allocation of Tenant Rental Opportunities. Before the Manager markets leasable space owned by an Affiliate of Owner another Xxxxx-sponsored program to a prospective tenant, the needs of which would in the Manager’s judgment be met by leasable space owned by Owner, the Manager shall determine in its sole discretion that the prospective tenant’s needs would be better met by leasable space owned by another owner. In the event that the Manager is marketing to a prospective tenant whose needs would, in the sole discretion of the Manager, equally be met by leasable space owned by Owner and another Xxxxxxx Capital CorporationXxxxx-sponsored program, then the Manager may more aggressively market the leasable space owned by the other program if it has had the longest period of time elapse since space owned by it was aggressively marketed by Manager. The Manager will use its reasonable efforts to fairly allocate prospective tenant opportunities in accordance with such allocation method and will promptly disclose any material deviation from such policy or the establishment of a new policy, which shall be allowed, allowed provided (1) the Board board of Directors directors of The GC Net Lease Xxxxx REIT II is provided with notice of such policy at least 60 days prior to such policy becoming effective and (2) such policy provides for the reasonable allocation of prospective tenant marketing opportunities among such programs. The Manager shall provide the Board of Directors of The GC Net Lease REIT Conflicts Committee with any information reasonably requested so that the Board of Directors of The GC Net Lease REIT may determine Conflicts Committee can insure that the allocation of prospective tenant marketing opportunities is applied fairly. Nothing herein shall be deemed to prevent the Manager or an Affiliate from marketing leasable space that it may own rather than aggressively marketing space owned by Owner or an Affiliate of Owner another Xxxxx-sponsored program so long as the Manager is fulfilling its obligation to market vacant space owned by Owner in a manner consistent with the policies and objectives of the Owner.

Appears in 1 contract

Samples: Construction Management Agreement (Wells Real Estate Investment Trust Ii Inc)

Policy with Respect to Allocation of Tenant Rental Opportunities. Before the Manager markets leasable space owned by an Affiliate of Owner any other real estate program for which Manager serves as property manager or leasing agent to a prospective tenant, the needs of which would in the Manager’s judgment be met by leasable space owned by Owner, the Manager shall be required to determine in its sole discretion good faith that the prospective tenant’s needs would be better met by leasable space owned by another such other owner. In the event that the Manager is marketing to a prospective tenant whose needs would, in the sole reasonable discretion of the Manager, equally be met by leasable space owned by Owner and another Xxxxxxx Capital Corporation-sponsored programany other real estate program for which Manager serves as property manager or leasing agent, then the Manager may more aggressively market the leasable space owned by the other program if it only in the event that such other program has had the longest period of time elapse since space owned by it was aggressively marketed by Manager. The Manager will use its reasonable efforts to fairly allocate prospective tenant opportunities in accordance with such allocation method and will promptly disclose any material deviation from such policy or the establishment of a new policy, which shall be allowed, allowed provided (1) the Board of Directors of The GC Net Lease Xxxxx REIT is provided with notice of such policy at least 60 90 days prior to such policy becoming effective and (2) such policy provides for the reasonable allocation of prospective tenant marketing opportunities among such programs. The Manager shall provide the Board of Directors of The GC Net Lease Xxxxx REIT with any information reasonably requested so that the Board of Directors of The GC Net Lease Xxxxx REIT may determine can insure that the allocation of prospective tenant marketing opportunities is applied fairly. Nothing herein shall be deemed to prevent the Manager or an Affiliate from marketing leasable space that it or an Affiliate may own rather than aggressively marketing space owned by Owner or an Affiliate of Owner so long as the Manager is fulfilling its obligation to market vacant space owned by Owner in a manner consistent with the above policies and the objectives of the Owner.

Appears in 1 contract

Samples: And Construction Management Agreement (Wells Real Estate Investment Trust Inc)

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