Common use of TERMINATION BY THE PARTIES Clause in Contracts

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 18, 19, 20, 30 and 33 shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the AdvisorAdviser; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iii) upon 60 days prior days’ written notice without Good Reason and without Cause or penalty by a majority vote of the AdvisorIndependent Directors; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Adviser. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 23 survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Advisor immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iii) upon 60 days prior days’ written notice without Good Reason and without Cause or penalty by a majority vote of the AdvisorIndependent Directors; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Advisor. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 22 survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; , (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or (iii) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 31 survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (i) immediately by the Company and/or the Operating Partnership for Cause or Cause, upon the bankruptcy of the Advisor; Adviser or upon a material breach of this Agreement by the Adviser; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the CompanyDirectors; or (iii) upon 60 days prior written notice without Good Reason and without penalty Cause by the AdvisorAdviser; or or (iv) immediately by the Advisor Adviser for Good Reason or upon the bankruptcy Reason. The provisions of the Company. Section 12(b), Section 12(c) and Sections 18, 19, 20, 30 and 33 14 through 23 of this Agreement shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (ia) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; ; (iib) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iiic) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 30 17 and 33 shall 20 through 35 of this Agreement survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; , (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or (iii) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 17 through 30 and 33 shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; , (ii) upon 60 days prior days’ written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or (iii) upon 60 days prior days’ written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 17 through 31 survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or the Operating Partnership; (ii) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the AdvisorAdviser; or (iiiii) by the Company upon 60 days prior days’ written notice without Cause and without or penalty by a majority vote of the Independent Directors of the Company; (iii) upon 60 days prior written notice without Good Reason and without penalty by the AdvisorDirectors; or (iv) immediately by the Advisor for Good Reason or Adviser upon the bankruptcy of 60 days’ written notice to the Company. The provisions of Sections 18, 19, 20, 30 and 33 shall 19 through 23 survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; ; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the CompanyDirectors; or (iii) upon 60 days prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18Article 13, 19, 20, 30 Section 14.03 and 33 Articles 16 through 18 of this Agreement shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (ia) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; ; (iib) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iiic) upon 60 30 days prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 30 17 and 33 shall 20 through 35 of this Agreement survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (ia) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; ; (iib) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iiic) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 19 through 31 of this Agreement survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (ia) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; ; (iib) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iiic) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 30 16 and 33 shall 19 through 35 of this Agreement survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; , (ii) upon 60 days prior days' written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or (iii) upon 60 days prior days' written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 17 through 31 survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 18, 19, 20, 30 and 33 shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership upon a material breach of this Agreement by the Advisor, (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the CompanyAdviser; (iii) upon 60 days prior days’ written notice without Good Reason and without Cause or penalty by a majority vote of the AdvisorIndependent Directors; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Adviser. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 24 survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the AdvisorAdviser; or (ii) upon 60 days prior days' written notice without Cause and without or penalty by a majority vote of the Independent Directors of the CompanyDirectors; or (iii) upon 60 days prior days' written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy Adviser. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 22 survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may will be terminated terminated: (ia) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; ; (iib) upon 60 days prior days’ written notice without Cause and without penalty by upon approval of a majority of the Independent Directors of the Company; ; (iiic) upon 60 days prior days’ written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 18, 19, 20, 30 and 33 shall survive any termination of this Agreement.or

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; ; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iii) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18Articles 13, 1915, 20, 30 16 and 33 17 of this Agreement shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 9(e), 9(f), 18, 19, 20, and 30 and 33 shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or the Operating Partnership; (ii) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the AdvisorAdviser; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iii) upon 60 days prior days’ written notice without Good Reason and without Cause or penalty by a majority vote of the AdvisorIndependent Trustees; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Adviser. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 17 through 22 survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days days’ prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days days’ prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 189(f), 9(g), 10(b)-10(e), 19, 20, 30 21, and 33 31 shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (ia) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; ; (iib) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iiic) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 18 through 30 and 33 shall of this Agreement survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days days’ prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days days’ prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 189(f), 9(g), 19, 20, 30 21, and 33 31 shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; ; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or the Advisor or (iii) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18Article 13, 19, 20, 30 Section 14.03 and 33 Articles 16 through 18 of this Agreement shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; , (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or (iii) upon 60 days prior written notice without Good Reason Cause and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 31 survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; ; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the CompanyDirectors; or (iii) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18Article 13, 19, 20, 30 Section 14.03 and 33 Articles 16 through 18 of this Agreement shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; ; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iii) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18Article 13, 19, 20, 30 Section 14.03 and 33 Articles 16 through 18 of this Agreement shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (i) immediately by the Company and/or the Operating Partnership for Cause or Cause, upon the bankruptcy of the Advisor; Adviser or upon a material breach of this Agreement by the Adviser; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the CompanyDirectors; or (iii) upon 60 days prior written notice without Good Reason and without penalty Cause by the AdvisorAdviser; or or (iv) immediately by the Advisor Adviser for Good Reason or upon the bankruptcy Reason. The provisions of the Company. Section 12(b), Section 12(c) and Sections 18, 19, 20, 30 and 33 14 through 23 of this Agreement shall survive any termination of this Agreement.. 16

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership upon a material breach of this Agreement by the Advisor, (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (iiiii) upon 60 days prior days’ written notice without Cause and without or penalty by a majority vote of the Independent Directors of the Company; (iii) upon 60 days prior written notice without Good Reason and without penalty by the AdvisorDirectors; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Advisor. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 24 survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; , (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or (iii) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 18, 19, 20, 30 and 33 shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days days’ prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days days’ prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 189(b), 9(c), 19, 20, 30 21, and 33 31 shall survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Advisor immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iii) upon 60 days prior days’ written notice without Good Reason and without Cause or penalty by a majority vote of the AdvisorIndependent Directors; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Advisor. The provisions of the Company. Sections 18, 19, 20, 30 18 through 22 and 33 shall 25 through 26 survive any termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (ivii) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (iiviii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iiiix) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18Article 13, 19, 20, 30 Section 14.03 and 33 Articles 16 through 18 of this Agreement shall survive any termination of this Agreement.