Common use of Termination; Survival Following Termination Clause in Contracts

Termination; Survival Following Termination. (i) The Company and the Operating Partnership or the Agent may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon one Trading Day’s notice to the other party; provided that, (A) if the Company and the Operating Partnership terminate this Agreement after the Agent confirms to the Company and the Operating Partnership any sale of Shares, the Company shall remain obligated to comply with ‎Section 3(b)(v) with respect to such Shares, (B) with respect to any pending sale to the Agent pursuant to a Terms Agreement and any offering or resale of any Shares purchased or to be purchased by the Agent pursuant to a Terms Agreement, the obligations of the Company, including in respect of compensation of the Agent, shall remain in full force and effect notwithstanding such termination, and (C) ‎Section 2 and ‎Section 6 shall survive termination of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.