0001104659-07-001030 Sample Contracts

FOURTH AMENDED AND RESTATED PROPERTY MANAGEMENT AND LEASING AGREEMENT
Management and Leasing Agreement • January 5th, 2007 • Behringer Harvard Reit I Inc • Real estate investment trusts • Texas

This FOURTH AMENDED AND RESTATED PROPERTY MANAGEMENT AND LEASING AGREEMENT (this “Management Agreement”) is made and entered into as of the 29th day of December, 2006, by and among BEHRINGER HARVARD REIT I, INC., a Maryland corporation (“BH REIT”), BEHRINGER HARVARD OPERATING PARTNERSHIP I LP, a Texas limited partnership (“BH OP”), and HPT MANAGEMENT SERVICES LP, Texas limited partnership (the “Manager”).

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FIFTH AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENT
Advisory Management Agreement • January 5th, 2007 • Behringer Harvard Reit I Inc • Real estate investment trusts • Texas

This FIFTH AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENT (this “Agreement”) is entered into on this 29th day of December, 2006, by and between BEHRINGER HARVARD REIT I, INC., a Maryland corporation (the “Company”), and BEHRINGER ADVISORS LP, a Texas limited partnership (the “Advisor”).

SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF BEHRINGER HARVARD OPERATING PARTNERSHIP I LP January 1, 2007
Agreement • January 5th, 2007 • Behringer Harvard Reit I Inc • Real estate investment trusts • Texas

This Second Amended and Restated Agreement of Limited Partnership (this “Agreement”) is entered into effective as of January 1, 2007 by and among BHR, Inc., a Delaware corporation (the “General Partner”), BHR Business Trust, a Maryland business trust (“BHR Business Trust”), BHR Partners, LLC, a Delaware limited liability company (“BHR Partners” and, collectively with BHR Business Trust, the “Original Limited Partners”), Behringer Harvard REIT I, Inc., a Maryland corporation (the “Company”), the McCormick Family Trust 1/20/82, a California trust, Gary S. Carr, an individual, and the Limited Partner(s) set forth or which may, in the future, be set forth on Exhibit A hereto, as amended from time to time, with respect to Behringer Harvard Operating Partnership I LP (the “Partnership”), a limited partnership formed under the laws of the State of Texas, pursuant to a Certificate of Limited Partnership filed with the Office of the Secretary of State of the State of Texas effective as of June

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