Common use of Representations, Warranties and Agreements of the Company and the Operating Partnership Clause in Contracts

Representations, Warranties and Agreements of the Company and the Operating Partnership. The Company and the Operating Partnership jointly and severally represents, warrants and agrees that: (a) A registration statement on Form S-3 (No. 333-155761) relating to the Securities has (i) been prepared by the Company in conformity with the requirements of the Securities Act of 1933, as amended (the “Securities Act”), and the rules and regulations (the “Rules and Regulations”) of the Securities and Exchange Commission (the “Commission”) thereunder; (ii) been filed with the Commission under the Securities Act; and (iii) become effective under the Securities Act. Copies of such registration statement and any amendment thereto have been delivered by the Company to you as the representative (the “Representative”) of the Underwriters. As used in this Agreement:

Representations, Warranties and Agreements of the Company and the Operating Partnership. The Each of the Company and the Operating Partnership jointly and severally represents, represents and warrants to and agrees with each Underwriter that: (a) A An automatic shelf registration statement on Form S-3 (File No. 333-155761214908) relating to the Securities has Stock (i) has been prepared by the Company in conformity with the requirements of the Securities Act of 1933, as amended (the “Securities Act”), and the rules and regulations (the “Rules and Regulations”) of the Securities and Exchange Commission (the “Commission”) thereunder; (ii) has been filed with the Commission under the Securities Act; and (iii) has become effective under the Securities Act. Copies of such registration statement and any amendment thereto have been delivered by the Company to you as the representative representatives (the “RepresentativeRepresentatives”) of the Underwriters. As used in this Agreement:

Representations, Warranties and Agreements of the Company and the Operating Partnership. The Each of the Company and the Operating Partnership jointly and severally represents, warrants and agrees that: (a) A registration statement on Form S-3 (No. 333-155761) relating to the Securities has (i) been prepared by the Company in conformity with the requirements of the Securities Act of 1933, as amended (the “Securities Act”), and the rules and regulations (the “Rules and Regulations”) of the Securities and Exchange Commission (the “Commission”) thereunder; (ii) been filed with the Commission under the Securities Act; and (iii) become effective under the Securities Act. Copies of such registration statement and any amendment thereto have been delivered by the Company to you as the representative (the “Representative”) of the Underwritersyou. As used in this Agreement:

Representations, Warranties and Agreements of the Company and the Operating Partnership. The Each of the Company and the Operating Partnership jointly and severally represents, warrants and agrees that: (a) A registration statement on Form S-3 (No. 333-155761) relating to the Securities has (i) been prepared by the Company in conformity with the requirements of the Securities Act of 1933, as amended (the “Securities Act”), and the rules and regulations (the “Rules and Regulations”) of the Securities and Exchange Commission (the “Commission”) thereunder; (ii) been filed with the Commission under the Securities Act; and (iii) become effective under the Securities Act. Copies of such registration statement and any amendment thereto have been delivered by the Company to you the Underwriters. The Indenture has been qualified under the Trust Indenture Act of 1939, as the representative amended (the “RepresentativeTrust Indenture Act”) of the Underwriters). As used in this Agreement: