Common use of Services and Terms Clause in Contracts

Services and Terms. A. CCM shall perform the Services, pursuant to Issuer’s reasonable policies and procedures applicable to such Services as timely provided in writing to CCM. B. CCM shall enter into the Service Agreements as set forth above. C. CCM shall determine the levels and priorities applicable to the Services and related actions taken in connection therewith, but shall in all cases performing Services within a commercially reasonable time as applicable. D. In the event an investor, broker-dealer or financial advisor contacts CCM regarding any of the issues set forth in Exhibit B attached hereto, CCM shall refer such investor, broker-dealer or financial advisor to another party per the written instructions of the Issuer. E. Issuer hereby agrees that CCM shall have full discretion to engage subcontractors and third-party service providers to perform, and assist CCM with the performance of, any and all of its obligations under this Agreement. F. It is intended that CCM be deemed an independent service provider and that no employment relationship shall be created between Issuer on the one hand and CCM or CCM’s employees, agents or subcontractors on the other hand. G. Nothing in this Agreement shall in any way be deemed to restrict the right of CCM to perform services for any other person or entity, and the performance of such services for others shall not be deemed to violate or give rise to any duty or obligation to Issuer or any investor not specifically undertaken by CCM hereunder. H. Issuer agrees to use reasonable efforts to provide CCM (1) advance written notice in the event that there are any administrative changes to Issuer’s governing documents or business practices which changes would have an impact on the Services provided pursuant to this Agreement, including, but not limited to, changes to Issuer’s dividend reinvestment plan, redemption plan, commissions and fees (including discounts) paid on sales of shares, share price, investor suitability standards, the states where shares are offered, distribution rates or declaration and payable dates, introduction of new securities offerings, and changes in business practices pertaining to certification of shares, book entry, electronic delivery of information to stockholders; and (2) prompt notice of Issuer’s filing of a Registration Statement or any other form with the Securities and Exchange Commission, and any amendments thereto, that affect the Services provided by CCM pursuant to this Agreement. I. Within the sixty (60) day period after the effective date of this Agreement, the parties hereto shall confer, diligently and in good faith, to agree upon (1) the operational service level standards that shall be measured under this Agreement, if any, and (2) the ongoing reports to the Issuer to be provided under this Agreement, if any, and/or as they arise.

Services and Terms. A. CCM shall perform the Services, pursuant to Issuer’s reasonable established policies and procedures applicable to such Services as timely provided in writing to CCM. B. CCM shall enter into the Service Agreements as set forth above. C. CCM shall determine the levels and priorities applicable to the Services and related actions taken in connection therewith, but shall in all cases performing Services within a commercially reasonable time as applicable. D. In the event an investor, broker-dealer or financial advisor contacts CCM regarding any of the issues set forth in Exhibit B attached hereto, CCM shall refer such investor, broker-dealer or financial advisor to another party per the written instructions of the Issuer. E. Issuer hereby agrees that CCM shall have full discretion to engage subcontractors and third-party service providers to perform, and assist CCM with the performance of, any and all of its obligations under this Agreement. F. It is intended that CCM be deemed an independent service provider and that no employment relationship shall be created between Issuer on the one hand and CCM or CCM’s employees, agents or subcontractors on the other hand. G. Nothing in this Agreement shall in any way be deemed to restrict the right of CCM to perform services for any other person or entity, and the performance of such services for others shall not be deemed to violate or give rise to any duty or obligation to Issuer or any investor not specifically undertaken by CCM hereunder. H. Issuer agrees to use reasonable efforts to provide CCM (1) advance written notice in the event that there are any administrative changes to Issuer’s governing documents or business practices which changes would have an impact on the Services provided pursuant to this Agreement, including, but not limited to, changes to Issuer’s dividend reinvestment plan, redemption plan, commissions and fees (including discounts) paid on sales of shares, share pricedistribution and stockholder servicing fees, offering prices of shares, classes of shares being offered, investor suitability standards, the states where shares are offered, distribution rates or declaration and payable dates, introduction of new securities offerings, and changes in business practices pertaining to certification of shares, book entry, electronic delivery of information to stockholders; and (2) prompt notice of Issuer’s filing of a Registration Statement or any other form with the Securities and Exchange Commission, and any amendments thereto, that affect the Services provided by CCM pursuant to this Agreement. I. Within the sixty (60) day period after the effective date of this Agreement, the parties hereto shall confer, diligently and in good faith, to agree upon (1) the operational service level standards that shall be measured under this Agreement, if any, and (2) the ongoing reports to the Issuer to be provided under this Agreement, if any, and/or as they arise.

Services and Terms. A. CCM shall perform perform, or cause to be performed, the Services, pursuant to IssuerAdministrator’s reasonable policies and procedures applicable to such Services as timely provided in writing to CCM. B. CCM shall enter into the Service Agreements as set forth above. C. CCM shall determine the levels and priorities applicable to the Services and related actions taken in connection therewith, but shall in all cases performing Services within a commercially reasonable time as applicable. D. In the event an investor, broker-dealer dealer, registered investment adviser registered under the Investment Advisers Act of 1940 or under applicable state securities laws, or financial advisor contacts CCM regarding any of the issues set forth in Exhibit B “B” attached hereto, which is made a part hereof, CCM shall refer such investor, broker-dealer dealer, registered investment adviser or financial advisor to another party per the written instructions of the Issuer.Administrator E. Issuer Administrator hereby agrees that CCM shall have full discretion to engage subcontractors subcontractors, its affiliates, and third-party service providers to perform, and assist CCM with the performance of, any and all of its obligations under this Agreement. F. It is intended that CCM be deemed an independent service provider and that no employment relationship shall be created between Issuer Administrator on the one hand and CCM or CCM’s employees, agents or subcontractors on the other hand. G. Nothing in this Agreement shall in any way be deemed to restrict the right of CCM to perform services for any other person or entity, and the performance of such services for others shall not be deemed to violate or give rise to any duty or obligation to Issuer Administrator or any other person or entity, including without limitation any investor not specifically undertaken by CCM hereunder. H. Issuer Administrator agrees to use reasonable efforts to provide CCM (1) advance written notice in the event that there are any administrative changes to IssuerAdministrator’s or the Company’s governing documents or documents, business practices or the Offering which changes would have an impact on the Services provided pursuant to this Agreement, including, but not limited to, changes to IssuerCompany’s dividend reinvestment plan, redemption plan, commissions and fees (including discounts) paid on sales of shares, share pricedistribution and stockholder servicing fees, offering prices of shares, classes of shares being offered, investor suitability standards, the states where shares are offered, distribution rates or declaration and payable dates, introduction of new securities offerings, and changes in business practices pertaining to certification of shares, book entry, electronic delivery of information to stockholders; and (2) prompt notice of IssuerCompany’s filing of a Registration Statement registration statement or any other form with the Securities and Exchange CommissionSEC, and any amendments thereto, that affect the Services provided by CCM pursuant to this Agreement. I. CCM agrees to maintain policies and procedures reasonably designed to prevent violations of applicable securities laws. J. Within the sixty (60) day period after the effective date of this Agreement, the parties hereto shall confer, diligently and in good faith, to agree upon (1) the operational service level standards that shall be measured under this Agreement, if any, and (2) the ongoing reports to the Issuer Administrator to be provided under this Agreement, if any, and/or as they arise, including compliance reporting.

Services and Terms. A. CCM shall perform procure or otherwise deliver the Services, pursuant to the Administrator’s and the Issuer’s reasonable established policies and procedures applicable to such Services as timely provided in writing by the Administrator to CCM. B. CCM shall enter into the Service Agreements as set forth above. C. CCM shall determine the levels and priorities applicable to the Services and related actions taken in connection therewith, but shall in all cases performing procure or otherwise deliver the Services within a commercially reasonable time as applicable. D. In the event an investor, broker-dealer dealer, registered investment adviser who is registered under the Investment Advisers Act of 1940 or under applicable state securities laws, or licensed financial advisor contacts CCM regarding any of the issues set forth in Exhibit B attached hereto, CCM shall refer such investor, broker-dealer or financial advisor to another party per the in accordance with written instructions of the IssuerAdministrator. E. Issuer hereby agrees that CCM shall have full discretion to engage subcontractors and third-party service providers to perform, and assist CCM with the performance of, any and all of its obligations under this Agreement. F. It is intended that CCM be deemed an independent service provider and that no employment relationship shall be created between Issuer the Administrator, on the one hand hand, and CCM or CCM’s employees, agents or subcontractors subcontractors, on the other hand. G. F. Nothing in this Agreement shall in any way be deemed to restrict the right of CCM to perform services for any other person or entity, and the performance of such services for others shall not be deemed to violate or give rise to any duty or obligation to Issuer the Administrator or any investor other person or entity not specifically undertaken by CCM hereunder. H. Issuer G. The Administrator agrees to use reasonable efforts to provide CCM (1) advance written notice in the event that there are any administrative changes to the Administrator’s or the Issuer’s governing documents or business practices which changes or the Offering that would have an impact on the Services provided procured or delivered pursuant to this Agreement, including, but not limited to, changes to the Issuer’s dividend reinvestment plan, redemption plan, commissions and fees (including discounts) paid on sales of shares, share price, investor suitability standards, the states where shares are offered, distribution rates or declaration record dates and payable dates, introduction of new securities offerings, and changes in business practices pertaining to certification of shares, book entry, electronic delivery of information to stockholders; and (2) prompt notice of Issuer’s filing of a Registration Statement registration statement or any other form with the Securities and Exchange CommissionSEC, and any amendments thereto, that could materially affect the Services provided procured or delivered by CCM pursuant to this Agreement. I. H. Within the sixty (60) day 60)-day period after the effective date of this AgreementEffective Date, the parties hereto Parties shall confer, diligently and in good faith, to agree upon (1) the operational service level standards that shall be measured under this Agreement, if any, and (2) the ongoing reports to the Issuer Administrator to be provided under this Agreement, if any, and/or as they arise.