Common use of Relationship of Advisor and Company Clause in Contracts

Relationship of Advisor and Company. The Company, the Partnership and the Advisor are not partners or joint venturers with each other, and nothing in this Agreement shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Advisor and its Affiliates have or may have a proprietary interest in the name “Xxxxxx Validus.” The Advisor hereby grants to the Company, to the extent of any proprietary interest the Advisor may have in the name “Xxxxxx Validus,” a non-transferable, non-assignable, non-exclusive, royalty-free right and license to use the name “Xxxxxx Validus” during the term of this Agreement. The Company agrees that the Advisor and its Affiliates will have the right to approve of any use by the Company of the name “Xxxxxx Validus,” such approval not to be unreasonably withheld or delayed. Accordingly, and in recognition of this right, if at any time the Company ceases to retain the Advisor or one of its Affiliates to perform advisory services for the Company, the Company will, promptly after receipt of written request from the Advisor, cease to conduct business under or use the name “Xxxxxx Validus” or any derivative thereof and the Company shall change its name and the names of any of its subsidiaries to a name that does not contain the name “Xxxxxx Validus” or any other word or words that might, in the reasonable discretion of the Advisor, be susceptible of indication of some form of relationship between the Company and the Advisor or any its Affiliates. At such time, the Company will also make any changes to any trademarks, service marks or other marks necessary to remove any references to the word “Xxxxxx Validus.” Consistent with the foregoing, it is specifically recognized that the Advisor or one or more of its Affiliates has in the past and may in the future organize, sponsor or otherwise permit to exist other investment vehicles (including vehicles for investment in real estate) and financial and service organizations having “Xxxxxx Validus” as a part of their name, all without the need for any consent (and without the right to object thereto) by the Company. Neither the Advisor nor any of its Affiliates makes any representation or warranty, express or implied, with respect to the name “Xxxxxx Validus” licensed hereunder or the use thereof (including without limitation as to whether the use of the name “Xxxxxx Validus” will be free from infringement of the intellectual property rights of third parties. Notwithstanding the preceding, the Advisor represents and warrants that it is not aware of any pending claims or litigation or of any claims threatened in writing regarding the use or ownership of the name “Xxxxxx Validus.”

Relationship of Advisor and Company. The Company, the Partnership and the Advisor are not partners or joint venturers with each other, and nothing in this Agreement shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Advisor and its Affiliates have or may have a proprietary interest in the name “Xxxxxx ValidusNexPoint Multifamily.” The Advisor hereby grants to the Company, to the extent of any proprietary interest the Advisor may have in the name “Xxxxxx ValidusNexPoint Multifamily,” a non-transferable, non-assignable, non-exclusive, royalty-free right and license to use the name “Xxxxxx ValidusNexPoint Multifamily” during the term of this Agreement. The Company agrees that the Advisor and its Affiliates will have the right to approve of any use by the Company of the name “Xxxxxx ValidusNexPoint Multifamily,” such approval not to be unreasonably withheld or delayed. Accordingly, and in recognition of this right, if at any time the Company ceases to retain the Advisor or one of its Affiliates to perform advisory services for the Company, the Company will, promptly after receipt of written request from the Advisor, cease to conduct business under or use the name “Xxxxxx ValidusNexPoint Multifamily” or any derivative thereof and the Company shall change its name and the names of any of its subsidiaries to a name that does not contain the name “Xxxxxx ValidusNexPoint Multifamily” or any other word or words that might, in the reasonable discretion of the Advisor, be susceptible of indication of some form of relationship between the Company and the Advisor or any its Affiliates. At such time, the Company will also make any changes to any trademarks, service marks or other marks necessary to remove any references to the word “Xxxxxx ValidusNexPoint Multifamily.” Consistent with the foregoing, it is specifically recognized that the Advisor or one or more of its Affiliates has in the past and may in the future organize, sponsor or otherwise permit to exist other investment vehicles (including vehicles for investment in real estate) and financial and service organizations having “Xxxxxx ValidusNexPoint Multifamily” as a part of their name, all without the need for any consent (and without the right to object thereto) by the Company. Neither the Advisor nor any of its Affiliates makes any representation or warranty, express or implied, with respect to the name “Xxxxxx ValidusNexPoint Multifamily” licensed hereunder or the use thereof (including without limitation as to whether the use of the name “Xxxxxx ValidusNexPoint Multifamily” will be free from infringement of the intellectual property rights of third parties. Notwithstanding the preceding, the Advisor represents and warrants that it is not aware of any pending claims or litigation or of any claims threatened in writing regarding the use or ownership of the name “Xxxxxx ValidusNexPoint Multifamily.”

Relationship of Advisor and Company. The Company, the Partnership and the Advisor are not partners or joint venturers with each other, and nothing in this Agreement shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Advisor and its Affiliates have or may have a proprietary interest in the name “Xxxxxx ValidusNexPoint Hospitality.” The Advisor hereby grants to the Company, to the extent of any proprietary interest the Advisor may have in the name “Xxxxxx ValidusNexPoint Hospitality,” a non-transferable, non-assignable, non-exclusive, royalty-free right and license to use the name “Xxxxxx ValidusNexPoint Hospitality” during the term of this Agreement. The Company agrees that the Advisor and its Affiliates will have the right to approve of any use by the Company of the name “Xxxxxx ValidusNexPoint Hospitality,” such approval not to be unreasonably withheld or delayed. Accordingly, and in recognition of this right, if at any time the Company ceases to retain the Advisor or one of its Affiliates to perform advisory services for the Company, the Company will, promptly after receipt of written request from the Advisor, cease to conduct business under or use the name “Xxxxxx ValidusNexPoint Hospitality” or any derivative thereof and the Company shall change its name and the names of any of its subsidiaries to a name that does not contain the name “Xxxxxx ValidusNexPoint Hospitality” or any other word or words that might, in the reasonable discretion of the Advisor, be susceptible of indication of some form of relationship between the Company and the Advisor or any its Affiliates. At such time, the Company will also make any changes to any trademarks, service marks or other marks necessary to remove any references to the word “Xxxxxx ValidusNexPoint Hospitality.” Consistent with the foregoing, it is specifically recognized that the Advisor or one or more of its Affiliates has in the past and may in the future organize, sponsor or otherwise permit to exist other investment vehicles (including vehicles for investment in real estate) and financial and service organizations having “Xxxxxx ValidusNexPoint Hospitality” as a part of their name, all without the need for any consent (and without the right to object thereto) by the Company. Neither the Advisor nor any of its Affiliates makes any representation or warranty, express or implied, with respect to the name “Xxxxxx ValidusNexPoint Hospitality” licensed hereunder or the use thereof (including without limitation as to whether the use of the name “Xxxxxx ValidusNexPoint Hospitality” will be free from infringement of the intellectual property rights of third parties. Notwithstanding the preceding, the Advisor represents and warrants that it is not aware of any pending claims or litigation or of any claims threatened in writing regarding the use or ownership of the name “Xxxxxx ValidusNexPoint Hospitality.”

Relationship of Advisor and Company. The Company, OP I, the Partnership and the Advisor are not partners or joint venturers with each other, and nothing in this Agreement shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Advisor and its Affiliates have or may have a proprietary interest in the name “Xxxxxx Validus.” The Advisor hereby grants to the Company, to the extent of any proprietary interest the Advisor may have in the name “Xxxxxx Validus,” a non-transferable, non-assignable, non-exclusive, royalty-royalty- free right and license to use the name “Xxxxxx Validus” during the term of this Agreement. The Company agrees that the Advisor and its Affiliates will have the right to approve of any use by the Company of the name “Xxxxxx Validus,” such approval not to be unreasonably withheld or delayed. Accordingly, and in recognition of this right, if at any time the Company ceases to retain the Advisor or one of its Affiliates to perform advisory services for the Company, the Company will, promptly after receipt of written request from the Advisor, cease to conduct business under or use the name “Xxxxxx Validus” or any derivative thereof and the Company shall change its name and the names of any of its subsidiaries to a name that does not contain the name “Xxxxxx Validus” or any other word or words that might, in the reasonable discretion of the Advisor, be susceptible of indication of some form of relationship between the Company and the Advisor or any its Affiliates. At such time, the Company will also make any changes to any trademarks, service marks or other marks necessary to remove any references to the word “Xxxxxx Validus.” Consistent with the foregoing, it is specifically recognized that the Advisor or one or more of its Affiliates has in the past and may in the future organize, sponsor or otherwise permit to exist other investment vehicles (including vehicles for investment in real estate) and financial and service organizations having “Xxxxxx Validus” as a part of their name, all without the need for any consent (and without the right to object thereto) by the Company. Neither the Advisor nor any of its Affiliates makes any representation or warranty, express or implied, with respect to the name “Xxxxxx Validus” licensed hereunder or the use thereof (including without limitation as to whether the use of the name “Xxxxxx Validus” will be free from infringement of the intellectual property rights of third parties. Notwithstanding the preceding, the Advisor represents and warrants that it is not aware of any pending claims or litigation or of any claims threatened in writing regarding the use or ownership of the name “Xxxxxx Validus.”

Relationship of Advisor and Company. The Company, the Partnership and the Advisor are not partners or joint venturers with each other, and nothing in this Agreement shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Advisor and its Affiliates have or may have a proprietary interest in the name “Xxxxxx Cxxxxx Validus.” The Advisor hereby grants to the Company, to the extent of any proprietary interest the Advisor may have in the name “Xxxxxx Cxxxxx Validus,” a non-transferable, non-assignable, non-exclusive, royalty-free right and license to use the name “Xxxxxx Cxxxxx Validus” during the term of this Agreement. The Company agrees that the Advisor and its Affiliates will have the right to approve of any use by the Company of the name “Xxxxxx Cxxxxx Validus,” such approval not to be unreasonably withheld or delayed. Accordingly, and in recognition of this right, if at any time the Company ceases to retain the Advisor or one of its Affiliates to perform advisory services for the Company, the Company will, promptly after receipt of written request from the Advisor, cease to conduct business under or use the name “Xxxxxx Cxxxxx Validus” or any derivative thereof and the Company shall change its name and the names of any of its subsidiaries to a name that does not contain the name “Xxxxxx Cxxxxx Validus” or any other word or words that might, in the reasonable discretion of the Advisor, be susceptible of indication of some form of relationship between the Company and the Advisor or any its Affiliates. At such time, the Company will also make any changes to any trademarks, service marks or other marks necessary to remove any references to the word “Xxxxxx Cxxxxx Validus.” Consistent with the foregoing, it is specifically recognized that the Advisor or one or more of its Affiliates has in the past and may in the future organize, sponsor or otherwise permit to exist other investment vehicles (including vehicles for investment in real estate) and financial and service organizations having “Xxxxxx Cxxxxx Validus” as a part of their name, all without the need for any consent (and without the right to object thereto) by the Company. Neither the Advisor nor any of its Affiliates makes any representation or warranty, express or implied, with respect to the name “Xxxxxx Cxxxxx Validus” licensed hereunder or the use thereof (including without limitation as to whether the use of the name “Xxxxxx Cxxxxx Validus” will be free from infringement of the intellectual property rights of third parties. Notwithstanding the preceding, the Advisor represents and warrants that it is not aware of any pending claims or litigation or of any claims threatened in writing regarding the use or ownership of the name “Xxxxxx Cxxxxx Validus.”

Relationship of Advisor and Company. The Company, the Partnership and the Advisor are not partners or joint venturers with each other, and nothing in this Agreement shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Advisor and its Affiliates have or may have a proprietary interest in the name “Xxxxxx Validus.” The Advisor hereby grants to the Company, to the extent of any proprietary interest the Advisor may have in the name “Xxxxxx Validus,” a non-transferable, non-assignable, non-exclusive, royalty-royalty- free right and license to use the name “Xxxxxx Validus” during the term of this Agreement. The Company agrees that the Advisor and its Affiliates will have the right to approve of any use by the Company of the name “Xxxxxx Validus,” such approval not to be unreasonably withheld or delayed. Accordingly, and in recognition of this right, if at any time the Company ceases to retain the Advisor or one of its Affiliates to perform advisory services for the Company, the Company will, promptly after receipt of written request from the Advisor, cease to conduct business under or use the name “Xxxxxx Validus” or any derivative thereof and the Company shall change its name and the names of any of its subsidiaries to a name that does not contain the name “Xxxxxx Validus” or any other word or words that might, in the reasonable discretion of the Advisor, be susceptible of indication of some form of relationship between the Company and the Advisor or any its Affiliates. At such time, the Company will also make any changes to any trademarks, service marks or other marks necessary to remove any references to the word “Xxxxxx Validus.” Consistent with the foregoing, it is specifically recognized that the Advisor or one or more of its Affiliates has in the past and may in the future organize, sponsor or otherwise permit to exist other investment vehicles (including vehicles for investment in real estate) and financial and service organizations having “Xxxxxx Validus” as a part of their name, all without the need for any consent (and without the right to object thereto) by the Company. Neither the Advisor nor any of its Affiliates makes any representation or warranty, express or implied, with respect to the name “Xxxxxx Validus” licensed hereunder or the use thereof (including without limitation as to whether the use of the name “Xxxxxx Validus” will be free from infringement of the intellectual property rights of third parties. Notwithstanding the preceding, the Advisor represents and warrants that it is not aware of any pending claims or litigation or of any claims threatened in writing regarding the use or ownership of the name “Xxxxxx Validus.”