ABSENCE OF FIDUCIARY RELATIONSHIPS. The parties acknowledge and agree that (i) the Dealer Manager’s responsibility to the Company and the Advisor is solely contractual in nature, and (ii) the Dealer Manager does not owe the Company, the Advisor, any of their respective affiliates or any other Person any fiduciary (or other similar) duty as a result of this Agreement or any of the transactions contemplated hereby.
Appears in 57 contracts
Samples: Exclusive Dealer Manager Agreement (RCS Capital Corp), Dealer Manager Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.), Dealer Manager Agreement (Lightstone Real Estate Income Trust Inc.)
ABSENCE OF FIDUCIARY RELATIONSHIPS. The parties acknowledge and agree that (i) the Dealer Manager’s responsibility to the Company and the Advisor is solely contractual in nature, and (ii) the Dealer Manager does not owe the Company, the Advisor, any of their respective affiliates or any other Person person or entity any fiduciary (or other similar) duty as a result of this Agreement or any of the transactions contemplated hereby.
Appears in 10 contracts
Samples: Escrow Agreement (Carter Validus Mission Critical REIT II, Inc.), Exclusive Dealer Manager Agreement (RCS Capital Corp), Exclusive Dealer Manager Agreement (American Realty Capital New York Recovery Reit Inc)
ABSENCE OF FIDUCIARY RELATIONSHIPS. The parties acknowledge and agree that (i) the Dealer Manager’s responsibility to the Company and the Advisor Manager is solely contractual in nature, and (ii) the Dealer Manager does not owe the Company, the AdvisorManager, any of their respective affiliates or any other Person any fiduciary (or other similar) duty as a result of this Agreement or any of the transactions contemplated hereby.
Appears in 6 contracts
Samples: Management Agreement (Preferred Apartment Communities Inc), Dealer Manager Agreement (Preferred Apartment Communities Inc), Dealer Manager Agreement (Preferred Apartment Communities Inc)
ABSENCE OF FIDUCIARY RELATIONSHIPS. The parties acknowledge and agree that (i) the Dealer Manager’s responsibility to the Company and Company, the Advisor or the Sub-advisor is solely contractual in nature, and (ii) the Dealer Manager does not owe the Company, the Advisor, the Sub-advisor any of their respective affiliates or any other Person any fiduciary (or other similar) duty as a result of this Agreement or any of the transactions contemplated hereby.
Appears in 6 contracts
Samples: Exclusive Dealer Manager Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Exclusive Dealer Manager Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Exclusive Dealer Manager Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)
ABSENCE OF FIDUCIARY RELATIONSHIPS. The parties acknowledge and agree that (i) the Dealer Manager’s responsibility to the Company and the Advisor General Partner is solely contractual in nature, and (ii) the Dealer Manager does not owe the Company, the AdvisorGeneral Partner, any of their respective affiliates or any other Person any fiduciary (or other similar) duty as a result of this Agreement or any of the transactions contemplated hereby.
Appears in 6 contracts
Samples: Escrow Agreement (Energy 11, L.P.), Escrow Agreement (Energy 11, L.P.), Exclusive Dealer Manager Agreement (Energy Resources 12, L.P.)
ABSENCE OF FIDUCIARY RELATIONSHIPS. The parties acknowledge and agree that (i) the Dealer Manager’s responsibility to the Company and or the Advisor is solely contractual in nature, and (ii) the Dealer Manager does not owe the Company, the Advisor, any of their respective affiliates or any other Person any fiduciary (or other similar) duty as a result of this Agreement or any of the transactions contemplated hereby.
Appears in 5 contracts
Samples: Escrow Agreement (Business Development Corp of America), Escrow Agreement (RCS Capital Corp), Escrow Agreement (Business Development Corp of America)
ABSENCE OF FIDUCIARY RELATIONSHIPS. The parties acknowledge and agree that (i) the Dealer Manager’s Managers’ responsibility to the Company and the Advisor Operating Partnership is solely contractual in nature, and (ii) the Dealer Manager does Managers do not owe the Company, the AdvisorOperating Partnership, any of their respective affiliates or any other Person any fiduciary (or other similar) duty as a result of this Agreement or any of the transactions contemplated hereby.
Appears in 4 contracts
Samples: Dealer Manager Agreement (American Realty Capital Properties, Inc.), Escrow Agreement (American Realty Capital Properties, Inc.), Dealer Manager Agreement (American Realty Capital Properties, Inc.)
ABSENCE OF FIDUCIARY RELATIONSHIPS. The parties acknowledge and agree that (i) the Dealer Manager’s responsibility to the Company Trust and the Advisor is solely contractual in nature, and (ii) the Dealer Manager does not owe the CompanyTrust, the Advisor, any of their respective affiliates or any other Person person or entity any fiduciary (or other similar) duty as a result of this Agreement or any of the transactions contemplated hereby.
Appears in 3 contracts
Samples: Exclusive Dealer Manager Agreement (United Development Funding IV), Exclusive Dealer Manager Agreement (United Development Funding IV), Exclusive Dealer Manager Agreement (RCS Capital Corp)
ABSENCE OF FIDUCIARY RELATIONSHIPS. The parties acknowledge and agree that (i) the Dealer Manager’s responsibility to the Company and the Advisor Managing GP is solely contractual in nature, and (ii) the Dealer Manager does not owe the Company, the AdvisorManaging GP, any of their respective affiliates or any other Person any fiduciary (or other similar) duty as a result of this Agreement or any of the transactions contemplated hereby.
Appears in 2 contracts
Samples: Exclusive Dealer Manager Agreement (American Energy Capital Partners, LP), Exclusive Dealer Manager Agreement (American Energy Capital Partners, LP)
ABSENCE OF FIDUCIARY RELATIONSHIPS. The parties acknowledge and agree that (i) the Dealer Manager’s responsibility to the Company Partnership and the Advisor General Partner is solely contractual in nature, and (ii) the Dealer Manager does not owe the CompanyPartnership, the AdvisorGeneral Partner, any of their respective affiliates or any other Person any fiduciary (or other similar) duty as a result of this Agreement or any of the transactions contemplated hereby.
Appears in 2 contracts
Samples: Escrow Agreement (Atlas Growth Partners, L.P.), Exclusive Dealer Manager Agreement (Atlas Growth Partners, L.P.)
ABSENCE OF FIDUCIARY RELATIONSHIPS. The parties acknowledge and agree that (i) the Dealer Manager’s responsibility to the Company and the Advisor is solely contractual in nature, and (ii) the Dealer Manager does not owe the Company, the Advisor, any of their respective its affiliates or any other Person person or entity any fiduciary (or other similar) duty as a result of this Agreement or any of the transactions contemplated hereby. If the foregoing is in accordance with your understanding of our agreement, kindly sign and return it to us, whereupon this instrument will become a binding agreement between you and the Company in accordance with its terms.
Appears in 2 contracts
Samples: Empire American (Empire American Realty Trust Inc), Escrow Agreement (Independence Realty Trust, Inc)
ABSENCE OF FIDUCIARY RELATIONSHIPS. The parties acknowledge and agree that (i) the Dealer Manager’s responsibility to the Company Company, the Advisor and the Advisor Sub-advisor is solely contractual in nature, and (ii) the Dealer Manager does not owe the Company, the Advisor, the Sub-advisor, any of their respective affiliates or any other Person any fiduciary (or other similar) duty as a result of this Agreement or any of the transactions contemplated hereby.
Appears in 2 contracts
Samples: Exclusive Dealer Manager Agreement (Phillips Edison - ARC Grocery Center REIT II, Inc.), Dealer Manager Agreement (Phillips Edison - ARC Grocery Center REIT II, Inc.)
