Common use of Third Party Management Services Clause in Contracts

Third Party Management Services. Manager acknowledges that from time to time Owner may acquire interests in Properties in which Owner does not control the determination of the party that is engaged to provide property management and other services to be provided by Manager with respect to all Properties acquired by Owner hereunder. Upon the prior written consent of Manager, Owner shall have the authority to acquire such non-controlling interests in Properties for which a third party provides some or all of the services otherwise required to be performed by Manager hereunder (a "Third Party Management Agreement"); provided that Manager shall have no liability or responsibility to Owner for any of the duties and obligations undertaken by such third party, and Owner agrees to indemnify Manager for all Losses incurred by Manager as a result of the acts of such third party pursuant to the Third Party Management Agreement. To the extent that property management and other services are specifically required to be performed by a third party pursuant to such Third Party Management Agreement, Manager shall have no obligation to perform such services and Owner shall have no obligation to Manager for compensation for such services pursuant to Article V hereof. To the extent that both Manager and such Third Party Leasing Agreement provides leasing services with respect to certain Properties, the Leasing fees payable to Manager pursuant to Section 5.2 hereof shall be reduced by the amounts payable with respect to such Properties to such Third Party Leasing Agreement.

Appears in 4 contracts

Samples: Management and Leasing Agreement (Cole Credit Property Trust II Inc), Management and Leasing Agreement (Cole Credit Property Trust II Inc), Management and Leasing Agreement (Cole Credit Property Trust II Inc)

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Third Party Management Services. Manager acknowledges that that, from time to time time, Owner may acquire interests in Properties in which Owner does not control the determination of the party that is engaged to provide property management and other services to be provided by Manager with respect to all Properties acquired by Owner hereunder. Upon the prior written consent of Manager, Owner shall have the authority to acquire such non-controlling interests in Properties for which a third party provides some or all of the services otherwise required to be performed by Manager hereunder (a "Third Party Management Agreement"); provided that Manager shall have no liability or responsibility to Owner for any of the duties and obligations undertaken by such third party, and Owner agrees to indemnify Manager for all Losses incurred by Manager as a result of the acts of such third party pursuant to the Third Party Management Agreement. To the extent that property management and other services are specifically required to be performed by a third party pursuant to such Third Party Management Agreement, Manager shall have no obligation to perform such services and Owner shall have no obligation to Manager for compensation for such services pursuant to Article V hereof. To the extent that both Manager and such Third Party Leasing Agreement provides leasing services with respect to certain Properties, the Leasing fees payable to Manager pursuant to Section 5.2 hereof shall be reduced by the amounts payable with respect to such Properties to such Third Party Leasing Agreement.

Appears in 3 contracts

Samples: Property Management and Leasing Agreement (Cole Retail Income Trust, Inc.), Property Management and Leasing Agreement (Cole Credit Property Trust III, Inc.), Property Management and Leasing Agreement (Cole Credit Property Trust III, Inc.)

Third Party Management Services. Manager acknowledges that that, from time to time time, Owner may acquire interests in Properties in which Owner does not control the determination of the party that is engaged to provide property management and other services to be provided by Manager with respect to all Properties acquired by Owner hereunder. Upon the prior written consent of Manager, Owner shall have the authority to acquire such non-controlling interests in Properties for which a third party provides some or all of the services otherwise required to be performed by Manager hereunder (a "Third Party Management Agreement"); provided that Manager shall have no liability or responsibility to Owner for any of the duties and obligations undertaken by such third party, and Owner agrees to indemnify Manager for all Losses incurred by Manager as a result of the acts of such third party pursuant to the Third Party Management Agreement. To the extent that property management and other services are specifically required to be performed by a third party pursuant to such Third Party Management Agreement, Manager shall have no obligation to perform such services and Owner shall have no obligation to Manager for compensation for such services pursuant to Article V hereof. To the extent that both Manager and such Third Party Leasing Management Agreement provides management and leasing services with respect to certain Properties, the Leasing management and leasing fees payable to Manager pursuant to Section 5.2 5.1 hereof shall be reduced by the amounts payable with respect to such Properties to such Third Party Leasing Management Agreement.

Appears in 2 contracts

Samples: Property Management and Leasing Agreement (Carter Validus Mission Critical REIT, Inc.), Property Management and Leasing Agreement (Cole Credit Property Trust III, Inc.)

Third Party Management Services. Manager acknowledges that from time to time Owner may acquire interests in Properties in which Owner does not control the determination of the party that is engaged to provide property management and other services to be provided by Manager with respect to all Properties acquired by Owner hereunder. Upon the prior written consent of Manager, Owner shall have the authority to acquire such non-controlling interests in Properties for which a third party provides some or all of the services otherwise required to be performed by Manager hereunder (a "Third “Third-Party Management Agreement"); provided provided, however, that Manager shall have no liability or responsibility to Owner for any of the duties and obligations undertaken by such third party, and Owner agrees to shall indemnify and hold harmless the Manager for Indemnified Parties, from and against all Losses incurred by Manager any of them as a result of the acts of such third party pursuant to the Third Third-Party Management Agreement. To the extent that property management and other services are specifically required to be performed by a third party pursuant to such Third Third-Party Management Agreement, Manager shall have no obligation to perform such services and Owner shall have no obligation to Manager for compensation for such services pursuant to Article V V. Manager hereby consents to any Third-Party Management Agreements existing as of the date hereof. To the extent that both Manager and such Third Party Leasing Agreement provides leasing services with respect to certain Properties, the Leasing fees payable to Manager pursuant to Section 5.2 hereof shall be reduced by the amounts payable with respect to such Properties to such Third Party Leasing Agreementwhich are described on Schedule C attached hereto.

Appears in 1 contract

Samples: Management and Leasing Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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Third Party Management Services. Manager acknowledges that from time to time Owner may acquire interests in Properties in which Owner does not control the determination of the party that is engaged to provide property management and other services to be provided by Manager with respect to all Properties acquired by Owner hereunder. Upon the prior written consent of Manager, Owner shall have the authority to acquire such non-controlling interests in Properties for which a third party provides some or all of the services otherwise required to be performed by Manager hereunder (a "Third Party Management Agreement"); provided that Manager shall have no liability or responsibility to Owner for any of the duties and obligations undertaken by such third party, and Owner agrees to indemnify Manager for all Losses incurred by Manager as a result of the acts of such third party pursuant to the Third Party Management Agreement. To the extent that property management and other services are specifically required to be performed by a third party pursuant to such Third Party Management Agreement, Manager shall have no obligation to perform such services and Owner shall have no obligation to Manager for compensation for such services pursuant to Article V hereof. To the extent that both Manager and such Third Party Leasing Agreement provides leasing services with respect to certain Properties, the Leasing fees payable to Manager pursuant to Section 5.2 hereof shall be reduced by the amounts payable with respect to such Properties to such Third Party Leasing Agreement.

Appears in 1 contract

Samples: Management and Leasing Agreement (Cole Credit Property Trust Inc)

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