Common use of Termination by Either Party Clause in Contracts

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause or penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be).

Appears in 46 contracts

Samples: Advisory Agreement (Orange Hospitality, INC), Form of Advisory Agreement (Wells Real Estate Investment Trust Ii Inc), Advisory Agreement (Orange Hospitality, INC)

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Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause cause or penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board board of Directors directors of the AdvisorAdvisor or its managing member, as the case may be).

Appears in 10 contracts

Samples: Advisory Agreement (Shopoff Properties Trust, Inc.), Advisory Agreement (Shopoff Properties Trust, Inc.), Advisory Agreement (Cornerstone Core Properties REIT, Inc.)

Termination by Either Party. This Agreement may be terminated upon 60 by either Owner or Pinnacle, with or without cause, anytime during or after the end of the initial term by giving not less than thirty (30) days advanced written notice without Cause or penalty, by either party (by a majority of to the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be)other party.

Appears in 10 contracts

Samples: Property Management Agreement (Boston Capital Real Estate Investment Trust Inc), Property Management Agreement (Boston Capital Real Estate Investment Trust Inc), Property Management Agreement (Boston Capital Real Estate Investment Trust Inc)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause or penalty, by either party party, or by the mutual consent of the parties (by a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be).

Appears in 6 contracts

Samples: Advisory Agreement (CNL Income Properties Inc), Advisory Agreement (CNL Income Properties Inc), Advisory Agreement (CNL Income Properties Inc)

Termination by Either Party. This Advisory Agreement may be terminated upon 60 days written notice without Cause cause or penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board of Directors manager of the Advisor, as the case may be).

Appears in 4 contracts

Samples: Advisory Agreement (Gc Net Lease Reit, Inc.), Advisory Agreement (Gc Net Lease Reit, Inc.), Advisory Agreement (Gc Net Lease Reit, Inc.)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice with or without Cause or and without penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be).

Appears in 4 contracts

Samples: Advisory Agreement (Dividend Capital Trust Inc), Advisory Agreement (Dividend Capital Trust Inc), Advisory Agreement (Dividend Capital Trust Inc)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause cause or penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board of Directors independent Trustees of the Advisor, as the case may be). The provisions of Sections 1, 6, 7, and 16 through 27 survive termination of this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (Hartman Commercial Properties Reit), Advisory Agreement (Hartman Commercial Properties Reit), Advisory Agreement (Hartman Commercial Properties Reit)

Termination by Either Party. This Agreement may be terminated upon 60 days days’ written notice without Cause cause or penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board of Directors manager of the Advisor, as the case may be).

Appears in 3 contracts

Samples: Advisory Agreement (Strategic Storage Trust, Inc.), Advisory Agreement (Strategic Storage Trust, Inc.), Advisory Agreement (Strategic Storage Trust, Inc.)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause cause or penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be). The Performance Fee under Paragraph 19, if any, shall be due according to the terms herein upon termination by either party.

Appears in 3 contracts

Samples: Advisory Agreement (CNL Lifestyle Properties Inc), Advisory Agreement (CNL Lifestyle Properties Inc), Advisory Agreement (CNL Lifestyle Properties Inc)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause cause or penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board of Directors manager of the Advisor, as the case may be).

Appears in 3 contracts

Samples: Advisory Agreement (Strategic Storage Trust, Inc.), Advisory Agreement (Strategic Storage Trust, Inc.), Advisory Agreement (Strategic Storage Trust, Inc.)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause cause or penalty, by either party (by a majority of the Independent Directors Committee in the case of the Company or a majority of its President in the Board of Directors case of the Advisor, as the case may be).

Appears in 2 contracts

Samples: Advisory Agreement (Sentio Healthcare Properties Inc), Advisory Agreement (Cornerstone Healthcare Plus Reit, Inc.)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause cause or penalty, by either party (if by the Company, upon approval of a majority of the Independent Directors Directors). The provisions of the Company or a majority Sections 15 through 27 shall survive termination of the Board of Directors of the Advisor, as the case may be)this Agreement.

Appears in 2 contracts

Samples: Advisory Agreement (Wells Timber Real Estate Investment Trust, Inc.), Advisory Agreement (Wells Timber Real Estate Investment Trust, Inc.)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause cause or penalty, by either party (by a majority of the Independent Directors Committee in the case of the Company or a majority of its managing member in the Board of Directors case of the Advisor, as the case may be).

Appears in 2 contracts

Samples: Advisory Agreement (Cornerstone Growth & Income REIT, Inc.), Advisory Agreement (Cornerstone Growth & Income REIT, Inc.)

Termination by Either Party. This Agreement may be terminated upon 60 --------------------------- days written notice without Cause or penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be).

Appears in 2 contracts

Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc), Advisory Agreement (Wells Real Estate Investment Trust Inc)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause or penalty, by either party (by upon approval of a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be).

Appears in 1 contract

Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause or penalty, by either party or by the mutual consent of the parties (by a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be).

Appears in 1 contract

Samples: Advisory Agreement (CNL Hotels & Resorts, Inc.)

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Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause or penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be), subject to the Company's obligation to pay the Subordinated Termination Fee.

Appears in 1 contract

Samples: Advisory Agreement (Dividend Capital Trust Inc)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause or penalty, by either party (by upon approval of a majority of the Independent Directors of the Company or a majority of the Board of Directors of the AdvisorService Provider, as the case may be).

Appears in 1 contract

Samples: Administrative Services Agreement (Wellstone Communities Inc)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause cause or penalty, by either party (by a majority of the Independent Directors of the Company Conflicts Committee or a majority of the Board of Directors Trustees of the Advisor, as the case may be). The provisions of Sections 1, 6, 7, and 16 through 27 survive termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Hartman Commercial Properties Reit)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice with Cause and without Cause or penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be).

Appears in 1 contract

Samples: Advisory Agreement (Dividend Capital Inc)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause cause or penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be).

Appears in 1 contract

Samples: Advisory Agreement (CNL Lifestyle Properties Inc)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause or penalty, by either party (by a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be).

Appears in 1 contract

Samples: Form of Advisory Agreement (Wells Real Estate Investment Trust Iii Inc)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause or penalty, by either party (by upon approval of a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as Xxxxx REIT in the case may beof termination of this Agreement by Xxxxx REIT).

Appears in 1 contract

Samples: Asset Management Advisory Agreement (Wells Real Estate Investment Trust Inc)

Termination by Either Party. This Agreement may be terminated upon 60 days days’ prior written notice without Cause or penalty, by either party party, or by the mutual consent of the parties (by a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be).

Appears in 1 contract

Samples: Advisory Agreement (CNL Hospitality Properties II, Inc.)

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause cause or penalty, by either party (by upon approval of a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as Xxxxx REIT in the case may beof termination of this Agreement by Xxxxx REIT).

Appears in 1 contract

Samples: Acquisition Advisory Agreement (Wells Real Estate Investment Trust Inc)

Termination by Either Party. This Agreement may be terminated upon --------------------------- 60 days written notice without Cause or penalty, by either party (by upon approval of a majority of the Independent Directors of the Company or a majority of the Board of Directors of the Advisor, as the case may be).

Appears in 1 contract

Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc)

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