Relationship of Advisor and Company. The Company and the Advisor are not partners or joint venturers with each other, and nothing in this Agreement shall be construed to make them such partners or joint venturers or impose any liability as such on either of them.
Relationship of Advisor and Company. The Company, the Partnership and the Advisor are not partners or joint venturers with each other, and nothing in this Agreement shall be construed to make them such partners or joint venturers or impose any liability as such on either of them.
Relationship of Advisor and Company. The Company, the Partnership and the Advisor are not partners or joint venturers with each other, and nothing in this Agreement shall be construed to make them such partners or joint venturers or impose any liability as such on either of them. The Advisor and its Affiliates have or may have a proprietary interest in the name “Xxxxxx Validus.” The Advisor hereby grants to the Company, to the extent of any proprietary interest the Advisor may have in the name “Xxxxxx Validus,” a non-transferable, non-assignable, non-exclusive, royalty-free right and license to use the name “Xxxxxx Validus” during the term of this Agreement. The Company agrees that the Advisor and its Affiliates will have the right to approve of any use by the Company of the name “Xxxxxx Validus,” such approval not to be unreasonably withheld or delayed. Accordingly, and in recognition of this right, if at any time the Company ceases to retain the Advisor or one of its Affiliates to perform advisory services for the Company, the Company will, promptly after receipt of written request from the Advisor, cease to conduct business under or use the name “Xxxxxx Validus” or any derivative thereof and the Company shall change its name and the names of any of its subsidiaries to a name that does not contain the name “Xxxxxx Validus” or any other word or words that might, in the reasonable discretion of the Advisor, be susceptible of indication of some form of relationship between the Company and the Advisor or any its Affiliates. At such time, the Company will also make any changes to any trademarks, service marks or other marks necessary to remove any references to the word “Xxxxxx Validus.” Consistent with the foregoing, it is specifically recognized that the Advisor or one or more of its Affiliates has in the past and may in the future organize, sponsor or otherwise permit to exist other investment vehicles (including vehicles for investment in real estate) and financial and service organizations having “Xxxxxx Validus” as a part of their name, all without the need for any consent (and without the right to object thereto) by the Company. Neither the Advisor nor any of its Affiliates makes any representation or warranty, express or implied, with respect to the name “Xxxxxx Validus” licensed hereunder or the use thereof (including without limitation as to whether the use of the name “Xxxxxx Validus” will be free from infringement of the intellectual property rights of third parties. Notwithstanding ...
Relationship of Advisor and Company. The Company and the Advisor do not intend to form a joint venture, partnership or similar relationship. Instead, the parties intend that Advisor shall act solely in the capacity of an independent contractor for the Company. Nothing in this Agreement shall cause Advisor and the Company to be joint venturers or partners of each other and neither shall have the power to bind or obligate the other party by virtue of this Agreement, except as expressly provided in this Agreement.
Relationship of Advisor and Company. OTHER ACTIVITIES OF THE ADVISOR 20 11.01 Relationship 20 11.02 Time Commitment 21 11.03 Investment Opportunities and Allocation 21 ARTICLE 12 - THE RESOURCE REAL ESTATE OPPORTUNITY NAME 21 ARTICLE 13 - TERM AND TERMINATION OF THE AGREEMENT 22 13.01 Term 22 13.02 Termination by Either Party 22 13.03 Payments on Termination 22 13.04 Duties of Advisor Upon Termination 22 ARTICLE 14 - ASSIGNMENT 23
Relationship of Advisor and Company. The Company and the Advisor agree that they have not created and do not intend to create by this Advisory Agreement a joint venture or partnership relationship between them and nothing in this Advisory Agreement shall be construed to make them partners or joint venturers or impose any liability as partners or joint venturers on either of them.
Relationship of Advisor and Company
