Common use of Term; Termination of Agreement Clause in Contracts

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five years after April 30, 2001, and thereafter shall be renewed for additional two-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five years after April 30, 2001one year from the date of this Agreement, and thereafter shall be renewed for additional two-from year terms to year upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement agreement shall have an initial term ending five years after April 30, 2001, continue in force for a period of one year from the effective date and thereafter shall it may be renewed for additional two-extended from year terms upon to year by the consent affirmative vote of a majority of the DirectorsTrustees who are not affiliates of the Advisor, as provided in the Declaration of Trust. (b) Prior Notwithstanding any other provision to the contrary, this agreement may be terminated for any renewal reason upon 60 days’ written notice by the Advisor or upon like notice by the Trust, upon vote of this Agreement, the Independent Directors shall review (i) the performance a majority of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings independent Trustees or upon vote of the Independent Directors shall be recorded in the minutes holders of a majority of the Directorsoutstanding shares of the Trust. (c) This Agreement agreement shall not be terminable (i) without cause assignable by the Advisor or (ii) without cause by a majority the consent of the Independent DirectorsTrust or by the Trust without the consent of the Advisor, except in each the case upon 60 days' prior written notice of assignment by the Trust to a corporation, Trust or other organization that is a successor to the non-terminating partyTrust. Such successor shall be bound under this agreement and by the terms of said assignment in the same manner as the Trust is bound under this agreement. (d) In At the event option solely of the termination of the Advisor, the Advisor will cooperate with the Company Trustees this agreement shall be and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be become terminated for cause by immediately upon written notice of termination from the Company Trustees to the Advisor if any of the following events shall occur: (i) if If the Advisor shall violate or default in the performance of any material provision of this Agreement andagreement, and after written notice of such violation or default, shall not cure such violation or default within 30 thirty days;; or (ii) if If the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee Trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for its reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 thirty days; or (iii) if If the Advisor shall institute proceedings for a voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for the relief of debtors, or shall consent to the appointment of a receiver for of itself or for of all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, debts generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph subparagraphs (ii) or and (iii) of Section 22(ethis subsection (d) shall occur, it shall will give written notice thereof of the fact to the Board of Directors Trustees within 5 seven days after the occurrence of such event. (e) From and after the effective date of termination of this agreement pursuant to subsections (a), (b), (c) or (d) of this section, the Advisor shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing to the date of termination. The Advisor shall be entitled to compensation under Sections 12 and 13 hereof for any acquisition or disposition approved by the Trustees prior to such termination without regard to whether any portion of the principal amount of such investment was disbursed or received prior to such termination, provided, however, that the Advisor shall be entitled to compensation under this Subsection (e) only for acquisitions or dispositions that are consummated. Upon termination the Advisor shall: (i) pay over to the Trust all moneys collected and held for the account of the Trust pursuant to this agreement, after deducting any compensation then payable and reimbursement of its expenses to which it is then entitled; (ii) as soon as possible deliver to the Trustees a full accounting, including a statement showing all payments collected by it and a statement of all moneys held by it, covering the period following the date of the last accounting furnished to the Trustees; and (iii) deliver to the Trustees all property and documents of the Trust then in the custody of the Advisor.

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five years after April 30, 2001from the date of this Agreement, and thereafter shall be renewed for additional two-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial one year term ending five years after April 30December 20, 20012011, and thereafter shall be renewed for additional twoone-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five seven years after April 30January 2, 20012003, and thereafter shall be renewed for additional two-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five seven years after April 30, 20012007, and thereafter shall be renewed for additional two-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five seven years after April 30January , 20012004, and thereafter shall be renewed for additional two-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five seven years after April 30March 2, 20012006, and thereafter shall be renewed for additional two-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial one year term ending five years after April 30[_______, 20012011], and thereafter shall be renewed for additional twoone-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial one year term ending five years after April 30, 2001on the anniversary date hereof, and thereafter shall be renewed for additional twoone-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor Management hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees costs payable to the Advisor Management hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor Management and E11 (jointly, but not separately) or (ii) without cause by a majority of the Independent DirectorsE12, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the AdvisorE11 and Management, the Advisor Management will cooperate with the Company E12 and take all reasonable steps requested to assist the Directors E12 in making an orderly transition of the advisory Management function to another Person. (e) At the sole option of a majority of the Independent DirectorsE12, this Agreement may be terminated for cause by written notice of termination from the Company E12 to the Advisor E11 and Management (jointly, but not separately) if any of the following events occur: (i) if the Advisor Management shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor E11 or Management shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the AdvisorE11 or Management, or of all or substantially all of its either of their property by reason of the foregoing, or approving any petition filed against the Advisor E11 or Management for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor E11 or Management shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor E11 and Management agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e15(e) shall occur, it shall give written notice thereof to the Board of Directors E12 within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five seven years after April 3023, 20012004, and thereafter shall be renewed for additional two-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five seven years after April 30May 24, 20012007, and thereafter shall be renewed for additional two-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five seven years after April 30, 20012008, and thereafter shall be renewed for additional two-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial one year term ending five years after April 30May 20, 20012014, and thereafter shall be renewed for additional twoone-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five seven years after April 3023, 20012008, and thereafter shall be renewed for additional two-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five years after April 30, 2001, and thereafter shall be renewed for additional two-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.

Term; Termination of Agreement. (a) This Agreement shall have an initial term ending five seven years after April 30, 20012005, and thereafter shall be renewed for additional two-year terms upon the consent of the Directors. (b) Prior to any renewal of this Agreement, the Independent Directors shall review (i) the performance of the Advisor hereunder to determine its compliance with the provisions of this Agreement, and (ii) the fees payable to the Advisor hereunder to determine whether they are reasonable in relation to the nature and quality of services performed. The findings of the Independent Directors shall be recorded in the minutes of the Directors. (c) This Agreement shall be terminable (i) without cause by the Advisor or (ii) without cause by a majority of the Independent Directors, in each case upon 60 days' ’ prior written notice to the non-terminating party. (d) In the event of the termination of the Advisor, the Advisor will cooperate with the Company and take all reasonable steps requested to assist the Directors in making an orderly transition of the advisory function to another Person. (e) At the sole option of a majority of the Independent Directors, this Agreement may be terminated for cause by written notice of termination from the Company to the Advisor if any of the following events occur: (i) if the Advisor shall violate or default in the performance of any material provision of this Agreement and, after written notice of such violation or default, shall not cure such violation or default within 30 days; (ii) if the Advisor shall be adjudged bankrupt or insolvent by a court of competent jurisdiction, or an order shall be made by a court of competent jurisdiction for the appointment of a receiver, liquidator or trustee of the Advisor, or of all or substantially all of its property by reason of the foregoing, or approving any petition filed against the Advisor for reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or (iii) if the Advisor shall institute proceedings for voluntary bankruptcy or shall file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for relief of debtors, or shall consent to the appointment of a receiver for itself or for all or substantially all of its property, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts, generally, as they become due. (f) Any notice of termination under this Section shall (except to the extent this Section requires a different notice period) be effective on the date specified in such notice, which may be the day on which such notice is given or any date thereafter. The Advisor agrees that if any of the events specified in subparagraph (ii) or (iii) of Section 22(e) shall occur, it shall give written notice thereof to the Board of Directors within 5 days after the occurrence of such event.