Common use of TERMINATION BY THE PARTIES Clause in Contracts

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 19 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 23 contracts

Samples: Advisory Agreement (American Realty Capital Daily Net Asset Value Trust, Inc.), Advisory Agreement (American Realty Capital Daily Net Asset Value Trust, Inc.), Advisory Agreement (American Realty Capital Global Trust, Inc.)

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TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (i) immediately by the Company or the Operating Partnership for Cause or upon sixty the bankruptcy of the Advisor; (60ii) days’ upon 60 days written notice (a) without Cause and without penalty by a majority of the Independent Directors of the Company or Company; or (iii) upon 60 days written notice with Good Reason by the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 19 Article 13, Section 14.03 and Articles 16 through 31 18 of this Agreement shall survive termination of this Agreement.

Appears in 19 contracts

Samples: Advisory Agreement (NorthStar/RXR New York Metro Real Estate, Inc.), Advisory Agreement (NorthStar/RXR New York Metro Income, Inc.), Advisory Agreement (NorthStar/RXR New York Metro Income, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (i) immediately by the Company or the Operating Partnership for Cause or upon sixty the bankruptcy of the Advisor; (60ii) days’ upon 60 days written notice (a) without Cause and without penalty by a majority of the Independent Directors of the Company or the Advisor, without Cause and without penalty, ; or (biii) upon 60 days written notice with Good Reason by the Advisor for Good Reason, or (c) by the Advisor upon a Change of ControlAdvisor. The provisions of Sections 19 Article 13, Section 14.03 and Articles 16 through 31 18 of this Agreement shall survive termination of this Agreement.

Appears in 15 contracts

Samples: Advisory Agreement (Cantor Fitzgerald Income Trust, Inc.), Advisory Agreement (Rodin Income Trust, Inc.), Advisory Agreement (Rodin Global Property Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ prior written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon forty-five (45) days’ prior written notice. The provisions of Sections 15 and 19 through 31 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 14 contracts

Samples: Advisory Agreement (American Realty Capital New York City REIT, Inc.), Advisory Agreement (American Realty Capital New York City REIT, Inc.), Advisory Agreement (American Realty Capital Healthcare Trust Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon sixty a Change of Control of the Company or Operating Partnership; (60ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Adviser; or (iii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (aiv) upon 60 days’ written notice by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of ControlAdviser. The provisions of Sections 19 18 through 31 of this Agreement shall 22 survive termination of this Agreement.

Appears in 14 contracts

Samples: Advisory Agreement (Invesco Real Estate Income Trust Inc.), Advisory Agreement (Blackstone Real Estate Income Trust, Inc.), Advisory Agreement (Invesco Real Estate Income Trust Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60i) days’ written notice (a) by at the Independent Directors option of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor either party immediately upon a Change of Control; (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; or (iii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (iii) upon 60 days’ written notice by the Advisor. The provisions of Sections 19 through 31 of this Agreement shall 23 survive termination of this Agreement.

Appears in 10 contracts

Samples: Advisory Agreement (RREEF Property Trust, Inc.), Advisory Agreement (RREEF Property Trust, Inc.), Advisory Agreement (RREEF Property Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (a) by the Company with Cause upon forty-five (45) days’ prior written notice or (b) upon sixty (60) days’ prior written notice (ai) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (bii) by the Advisor for Good Reason, or (ciii) by the Advisor upon a Change of Control. The provisions of Sections 19 18 and 22 through 31 25 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 7 contracts

Samples: Advisory Agreement (American Realty Capital - Retail Centers of America II, Inc.), Advisory Agreement (American Realty Capital Global Trust II, Inc.), Advisory Agreement (American Realty Capital - Retail Centers of America II, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ prior written notice Notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon forty-five (45) days’ prior written Notice. The provisions of Sections 15 and 19 through 31 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 7 contracts

Samples: Advisory Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.), Advisory Agreement (Roosevelt Mutual High Income Fund Inc.), Advisory Agreement (Lightstone Real Estate Income Trust Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ prior written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 15 and 19 through 31 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 5 contracts

Samples: Advisory Agreement (American Realty Capital Healthcare Trust Inc), Advisory Agreement (American Realty Capital Healthcare Trust Inc), Advisory Agreement (American Realty Capital Healthcare Trust Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Advisor immediately upon sixty a Change of Control of the Company; (60ii) immediately by the Company for Cause or upon the bankruptcy of the Advisor; or (iii) upon 60 days’ written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 14 through 19 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 5 contracts

Samples: Advisory Agreement (Birgo Reiturn Fund Manager LLC), Advisory Agreement (Birgo Reiturn Fund Manager LLC), Advisory Agreement (Birgo Reiturn Fund Manager LLC)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ 60 days written notice (a) with or without Cause and without penalty, by a majority of the Independent Directors of the Company or by the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 19 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Dividend Capital Total Realty Trust Inc.), Advisory Agreement (Dividend Capital Total Realty Trust Inc.), Advisory Agreement (Dividend Capital Total Realty Trust Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon on sixty (60) days’ written notice (a) by the Independent Directors of the Company or the AdvisorNotice, without Cause cause and without penalty, (b) by the Advisor for Good Reason, or (c) by a majority of the Advisor upon a Change of ControlIndependent Directors. The provisions of Sections 19 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (United Realty Trust Inc), Advisory Agreement (United Realty Trust Inc), Advisory Agreement (United Realty Trust Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ prior written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon I just-five (45) days’ prior written notice. The provisions of Sections 15 and 19 through 31 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (American Realty Capital Hospitality Trust, Inc.), Advisory Agreement (American Realty Capital Hospitality Trust, Inc.), Advisory Agreement (American Realty Capital Hospitality Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 15 and 19 through 31 32 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Realty Finance Trust, Inc.), Advisory Agreement (ARC Realty Finance Trust, Inc.), Advisory Agreement (ARC Realty Finance Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company or the Operating Partnership for Cause or upon sixty the bankruptcy of the Adviser; or (60ii) upon 60 days’ written notice without Cause or penalty by a majority vote of the Independent Directors; or (aiii) upon 60 days’ written notice by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of ControlAdviser. The provisions of Sections 19 18 through 31 of this Agreement shall 22 survive termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Apollo Realty Income Solutions, Inc.), Advisory Agreement (Apollo Realty Income Solutions, Inc.), Advisory Agreement (Apollo Realty Income Solutions, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ prior written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon forty-five (45) days’ prior written notice. The provisions of Sections 19 17, 18 and 22 through 31 35 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Phillips Edison Grocery Center Reit Ii, Inc.), Advisory Agreement (Phillips Edison Grocery Center Reit Ii, Inc.), Advisory Agreement (Phillips Edison - ARC Grocery Center REIT II, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ days written notice (ai) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (bii) by the Advisor for Good Reason, Reason or (ciii) by the Advisor upon a Change of Control. The provisions of Sections 19 through 31 32 of this Agreement shall survive termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Independence Realty Trust, Inc), Advisory Agreement (Empire American Realty Trust Inc), Advisory Agreement (Empire American Realty Trust Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated (a) by the Company with Cause upon forty-five (45) days’ prior written notice or (b) upon sixty (60) days’ prior written notice (ai) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (bii) by the Advisor for Good Reason, or (ciii) by the Advisor upon a Change of Control. The provisions of Sections 19 18, 20 and 22 through 31 25 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (American Realty Capital New York City REIT II, Inc.), Advisory Agreement (American Realty Capital New York City REIT II, Inc.), Advisory Agreement (American Realty Capital New York City REIT II, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) in accordance with Section 18(b) or (ii) upon sixty (60) days’ prior written notice (a) by the Independent Directors of the Company or by the Advisor, without Advisor with Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon forty-five (45) days’ prior written notice. The provisions of Sections 19 14 and 18 through 31 30 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 3 contracts

Samples: Merger Agreement, Advisory Agreement (American Finance Trust, Inc), Merger Agreement (American Realty Capital - Retail Centers of America, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ 60 days written notice (a) without Cause and without penalty by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 19 18 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.)

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TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ 60 days written notice (a) without Cause and without penalty by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 19 18 through 31 30 of this Agreement shall survive termination of this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Advisory Agreement (Bluerock Enhanced Multifamily REIT, Inc.), Advisory Agreement (Bluerock Enhanced Multifamily REIT, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) 60 days’ written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon 45 days’ written notice. The provisions of Sections 19 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (New York REIT, Inc.), Advisory Agreement (American Realty Capital New York Recovery Reit Inc), Advisory Agreement (American Realty Capital New York Recovery Reit Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ 60 days written notice (a) without Cause and without penalty by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 19 18 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 2 contracts

Samples: Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Advisory Agreement (Bluerock Enhanced Multifamily Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ prior written notice (a) by the Independent Directors of the Company or by the Advisor, without Advisor with Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon forty-five (45) days’ prior written notice. The provisions of Sections 19 14 and 18 through 31 30 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 2 contracts

Samples: Advisory Agreement (American Finance Trust, Inc), Advisory Agreement (American Realty Capital Trust V, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 19 Section 18 through 31 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Realty Finance Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ days written notice (ai) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (bii) by the Advisor for Good Reason, Reason or (ciii) by the Advisor upon a Change of Control. The provisions of Sections 19 18 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Independence Realty Trust, Inc)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) days’ prior written notice Notice (a) by the Independent Board of Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control; provided, that termination of this Agreement with Cause shall be upon forty-five (45) days’ prior written Notice. The provisions of Sections 15 and 19 through 31 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Hamilton National Income Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (a) by the Company with Cause upon forty-five (45) days’ prior written notice or (b) upon sixty (60) days’ prior written notice (ai) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (bii) by the Advisor for Good Reason, or (ciii) by the Advisor upon a Change of Control. The provisions of Sections 19 through 31 of this Agreement shall survive termination of this Agreement.of

Appears in 1 contract

Samples: Advisory Agreement (American Realty Capital Healthcare Trust III, Inc.)

TERMINATION BY THE PARTIES. This Notwithstanding Section 15, this Agreement may be terminated (i) in accordance with Section 18(b) or Section 18(c), (ii) upon forty-five (45) days’ prior written notice by sixty-seven percent (67%) of the Independent Directors of the Company with Cause without penalty, or (iii) upon sixty (60) days’ prior written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 19 14 and 18 through 31 30 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Healthcare Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) 60 days’ written notice (a) without penalty by approval of a majority of the Trustees; or upon 60 days’ written notice by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of ControlAdviser. The provisions of Sections 19 17 through 31 of this Agreement 20 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Management Agreement (Fortress Net Lease REIT)

TERMINATION BY THE PARTIES. This Notwithstanding Section 15, this Agreement may be terminated at any time (i) in accordance with Section 18(b), (ii) upon sixty (60) days’ prior written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (ciii) upon forty-five (45) days’ prior written notice by the Advisor upon a Change Independent Directors of Controlthe Company for Cause. The provisions of Sections 19 14 and 18 through 31 30 (inclusive) of this Agreement shall survive any expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (American Realty Capital New York City REIT, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated upon sixty (60) 60 days’ prior written notice (a) by a majority of the Independent Directors of the Company or the Advisor, without Cause cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 19 through 31 of this Agreement shall survive termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (American Realty Capital New York Recovery Reit Inc)

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