Common use of TERMINATION BY THE PARTIES Clause in Contracts

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Advisor or upon a material breach of this Agreement by the Advisor; provided, that such material breach is not capable of being cured or has not been cured within thirty (30) days after the giving of notice thereof by the Company or the Operating Partnership to the Advisor; (ii) upon sixty (60) days written notice without Cause by a majority of the Independent Trustee of the Board; or (iii) upon sixty (60) days written notice by the Advisor. The provisions of Sections 19 through 23 survive termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Advisor or upon a material breach of this Agreement by the Advisor; provided, that such material breach is not capable of being cured or has not been cured within thirty sixty (3060) days after the giving of notice thereof by the Company or the Operating Partnership to the Advisor; (ii) upon sixty (60) days days’ written notice without Cause or penalty by a majority vote of the Independent Trustee of the BoardDirectors; or (iii) upon sixty (60) days days’ written notice by the Advisor. The provisions of Sections 19 through 23 22 survive termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Advisor or upon a material breach of this Agreement by the Advisor; provided, that such material breach is not capable of being cured or has not been cured within thirty sixty (3060) days after the giving of notice thereof by the Company or the Operating Partnership to the Advisor; (ii) upon sixty (60) days days’ written notice without Cause or penalty by a majority vote of the Independent Trustee of the BoardDirectors; or (iii) upon sixty (60) days days’ written notice by the Advisor. The provisions of Sections 19 16 and 20 through 23 32 survive termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately i)immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Advisor or upon a material breach of this Agreement by the Advisor; provided, that such material breach is not capable of being cured or has not been cured within thirty sixty (3060) days after the giving of notice thereof by the Company or the Operating Partnership to the Advisor; (ii) upon sixty (60) days days’ written notice without Cause or penalty by a majority vote of the Independent Trustee of the BoardDirectors; or (iii) upon sixty (60) days days’ written notice by the Advisor. The provisions of Sections 19 through 23 22 survive termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Advisor immediately upon a Change of Control of the Trust, (ii) immediately by the Company or the Operating Partnership Trust for Cause or upon the bankruptcy of the Advisor or (iii) upon a breach of a material breach provision of this Agreement by the Advisor; provided, that Advisor and such material breach is not capable continues for a period of being cured or has not been cured within thirty (30) 30 days after the giving of written notice thereof by specifying such breach and requesting that the Company same be remedied in such 30-day period (or the Operating Partnership to the Advisor; (ii) upon sixty (60) 45 days after written notice without Cause by a majority of such breach if the Advisor takes steps to cure such breach within 30 days of the Independent Trustee of the Board; or (iii) upon sixty (60) days written notice by the Advisornotice). The provisions of Sections 19 17 through 23 22 survive termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Advisor or upon a material breach of this Agreement by the Advisor; provided, that such material breach is not capable of being cured or has not been cured within thirty (30) days after the giving of notice thereof by the Company or the Operating Partnership to the Advisor; (ii) upon sixty (60) days days’ written notice without Cause or penalty by a majority vote of the Independent Trustee of the BoardDirectors; or (iii) upon sixty (60) days days’ written notice by the Advisor. The provisions of Sections 19 16 and 20 through 23 32 survive termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Advisor or upon a material breach of this Agreement by the Advisor; provided, that such material breach is not capable of being cured or has not been cured within thirty (30) days after the giving of notice thereof by the Company or the Operating Partnership to the Advisor; (ii) upon sixty (60) days written notice without Cause by a majority of the Independent Trustee of the BoardDirectors; or (iii) upon sixty (60) days written notice by the Advisor. The provisions of Sections 19 through 23 32 survive termination of this Agreement.

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Adviser immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company or the Operating Partnership upon a material breach of this Agreement by the Advisor, (iii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Advisor or upon a material breach of this Agreement by the Advisor; provided, that such material breach is not capable of being cured or has not been cured within thirty (30) days after the giving of notice thereof by the Company or the Operating Partnership to the AdvisorAdviser; (iiiv) upon sixty (60) days 60 days’ written notice without Cause or penalty by a majority vote of the Independent Trustee of the BoardDirectors; or (iiiv) upon sixty (60) days 60 days’ written notice by the AdvisorAdviser. The provisions of Sections 19 18 through 23 24 survive termination of this Agreement.