INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s bad faith, fraud, willful misconduct or gross negligence; provided, however, that the Advisor shall not be held responsible for any action of the Board in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 12 contracts
Samples: Advisory Agreement (Rodin Global Property Trust, Inc.), Advisory Agreement (Rodin Global Property Trust, Inc.), Advisory Agreement (Rodin Income Trust, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s bad faith, fraud, willful misconduct misfeasance, gross negligence or gross negligence; providedreckless disregard of its duties, however, that but the Advisor shall not be held responsible for any action of the Board of Trustees in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 7 contracts
Samples: Advisory Agreement (Cb Richard Ellis Realty Trust), Advisory Agreement (Cb Richard Ellis Realty Trust), Advisory Agreement (Cb Richard Ellis Realty Trust)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from contract or other all liability, claims, damages, taxes or losses and related expenses expenses, including reasonable attorneys’ feesfees and taxes, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s bad faith, fraud, willful misconduct misconduct, or gross negligence; provided, however, that but the Advisor shall not be held responsible for any action of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 5 contracts
Samples: Advisory Agreement (CNL Healthcare Properties II, Inc.), Advisory Agreement (CNL Healthcare Properties II, Inc.), Form of Advisory Agreement (CNL Healthcare Properties II, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s bad faith, fraud, willful misconduct misconduct, or gross negligence; provided, however, that but the Advisor shall not be held responsible for any action of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 4 contracts
Samples: Advisory Agreement (CNL Income Properties Inc), Advisory Agreement (CNL Income Properties Inc), Advisory Agreement (CNL Hotels & Resorts, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership Corporation from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s bad faith, fraud, willful misconduct misconduct, or gross negligence; provided, however, that but the Advisor shall not be held responsible for any action of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 3 contracts
Samples: Advisory Agreement (HappyNest REIT, Inc.), Advisory Agreement (HappyNest REIT, Inc.), Advisory Agreement (HappyNest REIT, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys’ ' fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s 's bad faith, fraud, willful misconduct misconduct, or gross negligence; provided, however, that but the Advisor shall not be held responsible for any action of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 3 contracts
Samples: Advisory Agreement (Rich Uncles NNN REIT, Inc.), Advisory Agreement (Rich Uncles NNN REIT, Inc.), Advisory Agreement (Rich Uncles NNN REIT, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s bad faith, fraud, willful misconduct misfeasance, misconduct, gross negligence or gross negligence; providedreckless disregard of its duties, however, that but the Advisor shall not be held responsible for any action of the Board in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 1 contract
Samples: Form of Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys’ ' fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s 's bad faith, fraud, willful misconduct misconduct, or gross negligence; provided, however, that but the Advisor shall not be held responsible for any action of the Board of Trust Managers in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 1 contract
Samples: And Restated Advisory Agreement (Rich Uncles Real Estate Investment Trust I)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys’ ' fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s 's bad faith, fraud, willful misconduct misfeasance, negligence, misconduct, or gross negligence; providedreckless disregard of its duties, however, that the but Advisor shall not be held responsible for any action of the Board Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 1 contract
Samples: Advisory Agreement (Cornerstone Core Properties REIT, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from contract or other liability, claims, damages, taxes or losses and related expenses expenses, including attorneys’ fees, to the extent that such the liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s bad faith, fraud, willful misconduct misfeasance, misconduct, gross negligence or gross negligence; providedreckless disregard of its duties, however, that but the Advisor shall not be held responsible for any action of the Board in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 1 contract
Samples: Advisory Management Agreement (Adaptive Real Estate Income Trust, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s bad faith, fraud, willful misfeasance, willful misconduct or gross negligence; providedreckless disregard of its duties, however, that but the Advisor shall not be held responsible for any action of the Board of Directors in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 1 contract
Samples: Advisory Agreement (Cole Credit Property Trust Inc)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys’ ' fees, to the extent that such the liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s 's bad faith, fraud, willful misconduct misfeasance, misconduct, gross negligence or gross negligence; providedreckless disregard of its duties, however, that but the Advisor shall not be held responsible for any action of the Board in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 1 contract
Samples: Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.)
INDEMNIFICATION BY ADVISOR. The Advisor shall indemnify and hold harmless the Company and the Operating Partnership from contract or other liability, claims, damages, taxes or losses and related expenses including attorneys’ fees, to the extent that such liability, claims, damages, taxes or losses and related expenses are not fully reimbursed by insurance and are incurred by reason of the Advisor’s bad faith, fraud, willful misconduct or gross negligencenegligence of its duties; provided, however, that the Advisor shall not be held responsible for any action of the Board in following or declining to follow any advice or recommendation given by the Advisor.
Appears in 1 contract
