Common use of Representations and Warranties by the Company and the Operating Partnership Clause in Contracts

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership represents and warrants to the Sales Agent as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement, as of each Applicable Time and as of each Settlement Date (as defined below), and agrees with the Sales Agent, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership represents and warrants to the Sales Agent Agent, the Forward Seller and the Forward Purchaser as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement, as of each Applicable Time and as of each Settlement Date (as defined below), and agrees with the Sales Agent, the Forward Seller and the Forward Purchaser as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership Partnership, jointly and severally, represents and warrants to the Sales Agent as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement, as of the time of each sale of any Securities pursuant to this Agreement (each such time, an “Applicable Time Time”) and as of each Settlement Date (as defined below), and agrees with the Sales Agent, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership jointly and severally represents and warrants to the each Sales Agent as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement, as of the time of each sale of any Securities pursuant to this Agreement (the “Applicable Time Time”) and as of each Settlement Date (as defined below), and agrees with the each Sales Agent, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership jointly and severally represents and warrants to the Sales Agent as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement, as of each Applicable Time (as defined below) and as of each Settlement Date (as defined below), and agrees with the Sales Agent, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership jointly and severally represents and warrants to the Sales Agent as of the date hereof and as of each Representation Date (as defined belowin Section 7(n) hereof) on which a certificate is required to be delivered pursuant to Section 7(o7(n) of this AgreementAgreement for which no waiver is applicable, as of each Applicable Time and as of each Settlement Date (as defined below)Date, and agrees with the Sales Agent, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership Partnership, jointly and severally, represents and warrants to the each Sales Agent as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o) of this Agreement, as of the time of each sale of any Securities pursuant to this Agreement (each such time, an “Applicable Time Time”) and as of each Settlement Date (as defined below), and agrees with the Sales AgentAgents, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership jointly and severally represents and warrants to the Sales Agent as of the date hereof and as of each Representation Date (as defined belowin Section 7(n)) on which a certificate is required to be delivered pursuant to Section 7(o7(n) of this AgreementAgreement for which no waiver is applicable, as of each Applicable Time and as of each Settlement Date (as defined below)Date, and agrees with the Sales Agent, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership jointly and severally represents and warrants to the Sales Agent as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o8(o) of this Agreement, as of the time of each sale of any Issuance Shares pursuant to this Agreement (the “Applicable Time Time”) and as of each Settlement Date (as defined below), and agrees with the Sales Agent, Agent as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership jointly and severally represents and warrants to the Sales Agent as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o8(o) of this Agreement, as of the time of each sale of any Issuance Shares pursuant to this Agreement (the “Applicable Time Time”) and as of each Settlement Date (as defined below), and agrees with the Sales Agent, as follows: