Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Section. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement.
Appears in 6 contracts
Samples: Management Agreement (Cim Real Estate Finance Trust, Inc.), Management Agreement (Cole Credit Property Trust Iv, Inc.), Management Agreement (Blackstone Mortgage Trust, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this SectionSection 14, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 14. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement.
Appears in 5 contracts
Samples: Management Agreement (American Realty Capital Properties, Inc.), Acquisition and Capital Services Agreement and Management Agreement (American Realty Capital Properties, Inc.), Merger Agreement (American Realty Capital Trust III, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this SectionSection 14, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the BoardBoard of Directors, or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 14. The Company shall indemnify the Manager, its directors, officers, stockholdersmembers, employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement.
Appears in 4 contracts
Samples: Management Agreement (American Capital Mortgage Investment Corp.), Management Agreement (American Capital Mortgage Investment Corp.), Management Agreement (American Capital, LTD)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, Board of Directors or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Section. The Company shall indemnify the Manager, Manager and its Affiliates’ directors, officers, stockholders, employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement.
Appears in 4 contracts
Samples: Management Agreement (Orchid Island Capital, Inc.), Management Agreement (Bimini Capital Management, Inc.), Management Agreement (FlatWorld Acquisition Corp.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this SectionSection 15, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Section. The Company shall indemnify the Manager, its Affiliates, members, directors, officers, stockholders, employees and agents against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 1415. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 9 of this Agreement.
Appears in 4 contracts
Samples: Management Agreement (Acre Realty Investors Inc), Stock Purchase Agreement (Roberts Realty Investors Inc), Management Agreement (Starwood Waypoint Residential Trust)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager under this Agreement shall be held by the Manager as custodian for the Company, and the Manager’s records shall be clearly and appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty sixty (3060) days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the BoardIndependent Directors, Parent REIT or the CompanySub-REIT’s stockholders or the Operating Partnership’s partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Sectionthe terms hereof. The Company shall indemnify the ManagerManager and its members, its directorsmanagers, officers, stockholders, officers and employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 1417. Indemnification pursuant to this provision Section 17 shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement11.
Appears in 3 contracts
Samples: Management and Advisory Agreement (Arbor Realty Trust Inc), Management and Advisory Agreement (Arbor Realty Trust Inc), Management and Advisory Agreement (Arbor Realty Trust Inc)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) Entities held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, then subject to the Manager’s right to offset pursuant to Section 12(a) hereof, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, or the CompanyBRG’s stockholders or Operating Partnership’s partners or any of the directors or equity holders of any subsidiary of the Company for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 14. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents Manager Indemnified Parties against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager Indemnified Parties to indemnification under Section 8 of this Agreement.
Appears in 3 contracts
Samples: Management Agreement (Bluerock Residential Growth REIT, Inc.), Management Agreement (Bluerock Residential Growth REIT, Inc.), Management Agreement (Bluerock Residential Growth REIT, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) Entities held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, then subject to the Manager’s right to offset pursuant to Section 12(a) hereof, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, or the CompanyMedalist’s stockholders or Operating Partnership’s partners or any of the directors or equity holders of any subsidiary of the Company for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 14. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents Manager Indemnified Parties against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager Indemnified Parties to indemnification under Section 8 of this Agreement.
Appears in 3 contracts
Samples: Management Agreement (Medalist Diversified REIT, Inc.), Management Agreement (Medalist Diversified REIT, Inc.), Management Agreement (Medalist Diversified REIT, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s 's records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, Board of Directors or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Section. The Company shall indemnify the Manager, Manager and its Affiliates’ directors, officers, stockholders, employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Orchid Island Capital, Inc.), Management Agreement (Bimini Capital Management, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) Entities held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, then subject to the Manager’s right to offset pursuant to Section 12(a) hereof, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, or the CompanyBHM’s stockholders or Operating Partnership’s partners or any of the directors or equity holders of any subsidiary of the Company for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 14. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents Manager Indemnified Parties against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager Indemnified Parties to indemnification under Section 8 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Bluerock Homes Trust, Inc.), Management Agreement (Bluerock Homes Trust, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Section. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Starwood Property Trust, Inc.), Management Agreement (Starwood Property Trust, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Section. The Company shall indemnify the Manager, its partners, directors, officers, stockholders, employees and agents against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (TPG RE Finance Trust, Inc.), Management Agreement (TPG RE Finance Trust, Inc.)
Release of Money or Other Property Upon Written Request. The Manager Advisor agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) Entities held by the Manager Advisor shall be held by the Manager Advisor as custodian for the Company, and the ManagerAdvisor’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager Advisor of a written request signed by a duly authorized officer of the Company requesting the Manager Advisor to release to the Company any money or other property then held by the Manager Advisor for the account of the Company under this Agreement, then subject to the Manager Advisor’s right to offset pursuant to Section 12(a) hereof, the Advisor shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager Advisor shall not be liable to the Company, the Board, or the CompanyCapRocq’s stockholders or Operating Partnership’s partners or any of the directors or equity holders of any subsidiary of the Company for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 14. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents Advisor Indemnified Parties against any and all Losses which arise in connection with the ManagerAdvisor’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager Advisor Indemnified Parties to indemnification under Section 8 of this Agreement.
Appears in 2 contracts
Samples: Advisory Agreement (CapRocq Core REIT, Inc.), Advisory Agreement (CapRocq Core REIT, Inc.)
Release of Money or Other Property Upon Written Request. The Manager Advisor agrees that any money or other property of the Company (which such term, for the purposes of this SectionSection 15, shall be deemed to include any of and all of its Subsidiaries, if any) held by the Manager Advisor shall be held by the Manager Advisor as custodian for the Company, and the ManagerAdvisor’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager Advisor of a written request signed by a duly authorized officer of the Company requesting the Manager Advisor to release to the Company any money or other property then held by the Manager Advisor for the account of the Company under this Agreement, the Manager Advisor shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager Advisor shall not be liable to the Company, the Board, the Stockholders or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 15. The Company shall indemnify the ManagerAdvisor, its directors, officers, stockholders, employees and agents against any and all Indemnified Losses which arise in connection with the ManagerAdvisor’s proper release of such money or other property to the Company in accordance with the terms of this Section 1415. Indemnification pursuant to this provision shall be in addition to any right of the Manager Advisor to indemnification under Section 8 8. Notwithstanding the foregoing provisions of this Section 15, within sixty (60) days following the termination of this Agreement, the Advisor shall, without requiring the request of the Company, return to the Company all money and other property of the Company held by the Advisor.
Appears in 2 contracts
Samples: Advisory Agreement, Advisory Agreement (Global Net Lease, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such termwhich, for the purposes of this SectionSection 15, shall be deemed to include any and all of its Subsidiariestheir respective subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company or within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, the Trust’s stockholders, the Operating Partnership’s partners or any of the Company’s stockholders directors or partners equity holders of any subsidiary of the Company for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 15. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents Manager Indemnified Parties against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 1415. Indemnification pursuant to this provision shall be in addition to any right of the Manager Indemnified Parties to indemnification under Section 8 of this Agreement9.
Appears in 2 contracts
Samples: Management Agreement (Wheeler Real Estate Investment Trust, Inc.), Management Agreement (Wheeler Real Estate Investment Trust, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include or any and all of its Subsidiaries, if any) Subsidiary held by the Manager shall be held by the Manager as custodian for the CompanyCompany or such Subsidiary, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the CompanyCompany or such Subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company or any Subsidiary under this Agreement, the Manager shall release such money or other property to the Company or any Subsidiary within a reasonable period of time, but in no event later than thirty (30) 45 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, any Subsidiary, the BoardBoard of Directors, or the Company’s stockholders Stockholders or partners the interest holders of any Subsidiary for any acts or omissions by the Company or any Subsidiary in connection with the money or other property released to the Company in accordance with this Section. The Company shall indemnify the Manager, Manager and its directorsAffiliates and their respective managers, officers, stockholdersdirectors, employees and agents members and any Person providing sub-advisory services to the Manager against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 1416. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 9 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (AG Mortgage Investment Trust, Inc.), Management Agreement (AG Mortgage Investment Trust, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include or any and all of its Subsidiaries, if any) Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the CompanyCompany or any Subsidiary, and the Manager’s records shall be clearly and appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 30 days following such request. Upon delivery of such money or other property to the Company, the Manager shall Manager, Freedom Mortgage, and their Affiliates, directors, officers, managers, members and employees will not be liable to the Company, the Board, Company or the Company’s its stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Sectionthe terms hereof. The Company shall indemnify the Manager, its directorsFreedom Mortgage, and their Affiliates, officers, stockholdersdirectors, employees Investment and Risk Management Committee members, partners, members, employees, agents and successors and assigns against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 1416. Indemnification pursuant to this provision Section 16 shall be in addition to any right of the Manager to indemnification under Section 8 11 and shall survive the termination of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (Cherry Hill Mortgage Investment Corp), Management Agreement (Cherry Hill Mortgage Investment Corp)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager under this Agreement shall be held by the Manager as custodian for the Company, and the Manager’s records shall be clearly and appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the CompanyParent, the BoardOperating Partnership, any Subsidiary or the Company’s stockholders any of their respective directors, officers, stockholders, managers, owners or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Sectionthe terms hereof. The Company shall indemnify the ManagerManager and its affiliates and their respective members, its stockholders, partners, managers, directors, officers, stockholders, employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 1416. Indemnification pursuant to this provision Section 16 shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement11.
Appears in 2 contracts
Samples: Management Agreement (Gramercy Capital Corp), Management Agreement (Sl Green Realty Corp)
Release of Money or Other Property Upon Written Request. The Administrative Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Administrative Manager under this Agreement shall be held by the Administrative Manager as custodian for the Company, and the Administrative Manager’s records shall be clearly and appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Administrative Manager of a written request signed by a duly authorized officer of the Company Lex-Win requesting the Administrative Manager to release to the Company any money or other property then held by the Administrative Manager for the account of the Company under this Agreement, the Administrative Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. Upon delivery of such money or other property to the CompanyThe Administrative Manager, the Manager shall its directors, officers, managers and employees will not be liable to the Company, the BoardAdministrative Manager any of their directors, or the Company’s stockholders officers, stockholders, managers, owners or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Sectionthe terms hereof. The Company Lex-Win and Management shall indemnify the Manager, Administrative Manager and its directorsAffiliates, officers, stockholdersdirectors, employees members, employees, agents and agents successors and assigns against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Administrative Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement9.3.
Appears in 2 contracts
Samples: Administration and Advisory Agreement (Lexington Master Limited Partnership), Administration and Advisory Agreement (Winthrop Realty Trust)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) a Service Recipient held by the Manager shall be held by the Manager as custodian for the Companysuch Service Recipient, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Companysuch Service Recipient. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company a Service Recipient requesting the Manager to release to the Company such Service Recipient any money or other property then held by the Manager for the account of the Company such Service Recipient under this Agreement, the Manager shall release such money or other property to the Company such Service Recipient within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Companysuch Service Recipient, the Manager shall not be liable to the Companysuch Service Recipient, the Boardsuch Service Recipient’s Governing Body, or the Companysuch Service Recipient’s stockholders stock- or equity-holders or partners for any acts or omissions by the Company such Service Recipient in connection with the money or other property released to the Company such Service Recipient in accordance with this SectionSection 14. The Company A Service Recipient shall indemnify the Manager, its directors, officers, stockholders, employees and agents against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the Company such Service Recipient in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement.
Appears in 2 contracts
Samples: Management Agreement (RCS Capital Corp), Management Agreement (RCS Capital Corp)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager under this Agreement shall be held by the Manager as custodian for the Company, and the Manager’s records shall be clearly and appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty ten (3010) business days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Boardany Subsidiary or any of their respective directors, or the Company’s stockholders officers, stockholders, managers, owners or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Sectionthe terms hereof. The Company shall indemnify the ManagerManager and its affiliates and their respective members, its stockholders, partners, managers, directors, officers, stockholders, employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision Section 14 shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement10.
Appears in 2 contracts
Samples: Accounting/Construction Services Agreement (KBS Real Estate Investment Trust, Inc.), Asset Management Services Agreement (Gramercy Property Trust Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) Entities held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, then subject to the Manager’s right to offset pursuant to Section 12(a) hereof, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, or the CompanyHCGR’s stockholders or Operating Partnership’s partners or any of the directors or equity holders of any subsidiary of the Company for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 14. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents Manager Indemnified Parties against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager Indemnified Parties to indemnification under Section 8 of this Agreement.
Appears in 1 contract
Samples: Management Agreement (HC Government Realty Trust, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include or any and all of its Subsidiaries, if any) Subsidiary held by the Manager under this Agreement shall be held by the Manager as custodian for the CompanyCompany or any Subsidiary, and the Manager’s records shall be clearly and appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. Upon delivery of such money or other property to the CompanyThe Manager and its Affiliates, the Manager shall directors, officers, managers and employees will not be liable to the Company, any Subsidiary, the BoardManager or any of their directors, or the Company’s stockholders officers, shareholders, managers, employees, owners or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Sectionthe terms hereof. The Company shall indemnify the Manager, Manager and its directorsAffiliates, officers, stockholdersdirectors, employees employees, agents and agents successors and assigns against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 1418. Indemnification pursuant to this provision Section 18 shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement11.
Appears in 1 contract
Samples: Management Agreement (Aspire Real Estate Investors, Inc.)
Release of Money or Other Property Upon Written Request. The Manager Advisor agrees that any money or other property of the Company (which such term, for the purposes of this SectionSection 14, shall be deemed to include any of and all of its Subsidiaries, if any) held by the Manager Advisor shall be held by the Manager Advisor as custodian for the Company, and the ManagerAdvisor’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager Advisor of a written request signed by a duly authorized officer of the Company requesting the Manager Advisor to release to the Company any money or other property then held by the Manager Advisor for the account of the Company under this Agreement, the Manager Advisor shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager Advisor shall not be liable to the Company, the Board, or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 14. The Company shall indemnify the ManagerAdvisor, its directors, officers, stockholders, employees and agents against any and all Losses which arise in connection with the ManagerAdvisor’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager Advisor to indemnification under Section 8 of this Agreement.
Appears in 1 contract
Samples: Advisory Agreement (American Realty Capital Centers, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager under this Agreement shall be held by the Manager as custodian for the Company, and the Manager’s 's records shall be clearly and appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the CompanyParent, the BoardOperating Partnership, the Independent Directors or the Company’s Parent's or the Operating Partnership's stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Sectionthe terms hereof. The Company shall indemnify the ManagerManager and its members, its directorsmanagers, officers, stockholders, officers and employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Manager’s proper 's release of such money or other property to the Company in accordance with the terms of this Section 1416. Indemnification pursuant to this provision Section 16 shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement11.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager under this Agreement shall be held by the Manager as custodian for the Company, and the Manager’s records shall be clearly and appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty ten (3010) business days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Boardany Subsidiary or any of their respective directors, or the Company’s stockholders officers, stockholders, managers, owners or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Sectionthe terms hereof. The Company shall indemnify the ManagerManager and its affiliates and their respective members, its stockholders, partners, managers , directors, officers, stockholders, employees and agents against any and all Losses expenses , losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision Section 14 shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement10.
Appears in 1 contract
Samples: Asset Management Services Agreement (KBS Real Estate Investment Trust, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the any Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) Entity held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Companysuch Company Entity. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the any Company Entity under this Agreement, then subject to the Manager’s right to offset pursuant to Section 12(a) hereof, the Manager shall release such money or other property to the such Company Entity within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Companysuch Company Entity, the Manager shall not be liable to the Company, the Board, or any of the Company’s stockholders directors or partners equity holders of any Company Entity for any acts or omissions by the Company in connection with the money or other property released to the such Company Entity in accordance with this SectionSection 14. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents Manager Indemnified Parties against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the a Company Entity in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager Indemnified Parties to indemnification under Section 8 of this Agreement.
Appears in 1 contract
Samples: Management Agreement (RiverBanc Multifamily Investors, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty ten (3010) days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the BoardBoard of Directors, or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Section. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement and shall survive the expiration or termination of this Agreement.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager under this Agreement shall be held by the Manager as custodian for the Company, and the Manager’s 's records shall be clearly and appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty sixty (3060) days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the CompanyParent, the BoardOperating Partnership, the Independent Directors or the Company’s Parent's or the Operating Partnership's stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Sectionthe terms hereof. The Company shall indemnify the ManagerManager and its members, its directorsmanagers, officers, stockholders, officers and employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Manager’s proper 's release of such money or other property to the Company in accordance with the terms of this Section 1416. Indemnification pursuant to this provision Section 16 shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement11.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager under this Agreement shall be held by the Manager as custodian for the Company, and the Manager’s records shall be clearly and appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty ten (3010) business days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Boardany Subsidiary or any of their respective directors, or the Company’s stockholders officers, stockholders, managers, owners or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Sectionthe terms hereof. The Company shall indemnify the ManagerManager and its affiliates and their respective members, its stockholders, partners, managers, directors, officers, stockholders, employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 1412. Indemnification pursuant to this provision Section 12 shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement8.
Appears in 1 contract
Samples: Asset Management Services Agreement (KBS Real Estate Investment Trust, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such termwhich, for the purposes of this SectionSection 16, shall be deemed to include any and all of its Subsidiariestheir respective subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s 's records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company or within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, PAC's stockholders, the Operating Partnership's partners or any of the Company’s stockholders directors or partners equity holders of any subsidiary of the Company for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 16. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents Manager Indemnified Parties against any and all Losses which arise in connection with the Manager’s 's proper release of such money or other property to the Company in accordance with the terms of this Section 1416. Indemnification pursuant to this provision shall be in addition to any right of the Manager Indemnified Parties to indemnification under Section 8 of this Agreement9.
Appears in 1 contract
Samples: Management Agreement (Preferred Apartment Communities Inc)
Release of Money or Other Property Upon Written Request. The Manager Advisor agrees that any money or other property of the Company (which such term, for the purposes of this SectionSection 14, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager Advisor shall be held by the Manager Advisor as custodian for the Company, and the ManagerAdvisor’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager Advisor of a written request signed by a duly authorized officer of the Company requesting the Manager Advisor to release to the Company any money or other property then held by the Manager Advisor for the account of the Company under this Agreement, the Manager Advisor shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager Advisor shall not be liable to the Company, the Board, or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 14. The Company shall indemnify the ManagerAdvisor, its directors, officers, stockholders, employees and agents against any and all Losses which arise in connection with the ManagerAdvisor’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager Advisor to indemnification under Section 8 of this Agreement.
Appears in 1 contract
Samples: Acquisition and Capital Services Agreement (American Realty Capital Properties, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this SectionSection 14, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) 60 days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, any Subsidiary, the BoardBoard of Directors, or the Company’s or a Subsidiary’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this SectionSection 14. The Company shall indemnify the Manager, its directors, officers, stockholders, employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement.
Appears in 1 contract
Samples: Management Agreement (Arbolada Capital Management Co)
Release of Money or Other Property Upon Written Request. The Manager Advisor agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager Advisor shall be held by the Manager Advisor as custodian for the Company, and the ManagerAdvisor’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager Advisor of a written request signed by a duly authorized officer of the Company requesting the Manager Advisor to release to the Company any money or other property then held by the Manager Advisor for the account of the Company under this Agreement, the Manager Advisor shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. Upon delivery of such money or other property to the Company, the Manager Advisor shall not be liable to the Company, CMFT, the Board, or the CompanyCMFT’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Section. The Company shall indemnify the ManagerAdvisor, its directors, officers, stockholders, employees and agents against any and all Losses which arise in connection with the ManagerAdvisor’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager Advisor to indemnification under Section 8 of this Agreement.
Appears in 1 contract
Samples: Investment Advisory and Management Agreement (Cim Real Estate Finance Trust, Inc.)
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager under this Agreement shall be held by the Manager as custodian for the Company, and the Manager’s records shall be clearly and appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the CompanyParent, the BoardOperating Partnership, the Independent Directors or the CompanyParent’s or the Operating Partnership’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Sectionthe terms hereof. The Company shall indemnify the ManagerManager and its members, its directorsmanagers, officers, stockholders, officers and employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 1416. Indemnification pursuant to this provision Section 16 shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement11.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) held by the Manager shall be held by the Manager as custodian for the Company, and the Manager’s records shall be appropriately and clearly marked to reflect the ownership of such money or other property by the Company. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company any money or other property then held by the Manager for the account of the Company under this Agreement, the Manager shall release such money or other property to the Company within a reasonable period of time, but in no event later than thirty (30) days following such request. Upon delivery of such money or other property to the Company, the Manager shall not be liable to the Company, the Board, or the Company’s stockholders or partners for any acts or omissions by the Company in connection with the money or other property released to the Company in accordance with this Section. The Company shall indemnify the Manager, its directors, officers, stockholders, members, partners, employees and agents against any and all Losses which arise in connection with the Manager’s proper release of such money or other property to the Company in accordance with the terms of this Section 14. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 of this Agreement.
Appears in 1 contract
Release of Money or Other Property Upon Written Request. The Manager agrees that any money or other property of the Company (which such term, for or any subsidiary of the purposes of this Section, shall be deemed to include any and all of its Subsidiaries, if any) Company held by the Manager under this Agreement shall be held by the Manager as custodian for the CompanyCompany or such subsidiary, and the Manager’s records shall be appropriately and marked clearly marked to reflect the ownership of such money or other property by the CompanyCompany or such subsidiary. Upon the receipt by the Manager of a written request signed by a duly authorized officer of the Company requesting the Manager to release to the Company or any subsidiary of the Company any money or other property then held by the Manager for the account of the Company or any subsidiary of the Company under this Agreement, the Manager shall release such money or other property to the Company or any subsidiary of the Company within a reasonable period of time, but in no event later than thirty (30) 30 days following such request. Upon delivery of such money or other property to the Company, the The Manager shall not be liable to the Company, any subsidiary of the BoardCompany, the Board of Directors, or the Company’s stockholders or partners for any acts performed or omissions to act by the Company or any subsidiary of the Company in connection with the money or other property released to the Company or any subsidiary of the Company in accordance with this Section. The Subject to the foregoing, the Company shall indemnify the Manager, its directorsmembers, officersmanagers, stockholders, officers and employees and agents against any and all Losses expenses, losses, damages, liabilities, demands, charges and claims of any nature whatsoever, which arise in connection with the Manager’s proper release of such money or other property to the Company or any subsidiary of the Company in accordance with the terms of this Section 1417. Indemnification pursuant to this provision shall be in addition to any right of the Manager to indemnification under Section 8 11 of this Agreement.
Appears in 1 contract