Common use of Payments to and Duties of Advisor Upon Termination Clause in Contracts

Payments to and Duties of Advisor Upon Termination. (i) After the termination of this Agreement, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, including any deferred fees.

Appears in 44 contracts

Samples: Investment Advisory Agreement (CC Real Estate Income Fund-T2), Investment Advisory Agreement (CC Real Estate Income Fund-T2), Investment Advisory Agreement (CC Real Estate Income Fund-T2)

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Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, including any deferred fees.following:

Appears in 25 contracts

Samples: Advisory Agreement (Wells Core Office Income Reit Inc), Advisory Agreement (Wells Core Office Income Reit Inc), Advisory Agreement (Wells Core Office Income Reit Inc)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to and receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, including any deferred feesprovided that the Subordinated Incentive Listing Fee, if any, shall be paid in accordance with the provisions of Section 3.01(e).

Appears in 21 contracts

Samples: Third Amended and Restated Advisory Agreement (Carter Validus Mission Critical REIT II, Inc.), Third Amended and Restated Advisory Agreement (Carter Validus Mission Critical REIT, Inc.), And Restated Advisory Agreement (Carter Validus Mission Critical REIT II, Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, including any deferred feesexclusive of disputed items arising out of possible unauthorized transactions.

Appears in 17 contracts

Samples: Advisory Agreement (Future of Housing Fund, Inc.), Advisory Agreement (Escalate Wealth REIT I), Advisory Agreement (Escalate Wealth REIT I)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to and receive from the Company within 30 days after the effective date of such the termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, including any deferred fees.

Appears in 16 contracts

Samples: Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.), Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.), Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to and receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, including any deferred feesprovided that the Subordinated Performance Fee, if any, shall be paid in accordance with the provisions of Section 3.01(c).

Appears in 15 contracts

Samples: Advisory Agreement (Cole Office & Industrial REIT (CCIT III), Inc.), Advisory Agreement (Cole Office & Industrial REIT (CCIT III), Inc.), Advisory Agreement (Cole Office & Industrial REIT (CCIT III), Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to and receive from the Company or the Operating Partnership within 30 days after the effective date of such termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all liabilities related to fees earned but unpaid fees payable not paid to the Advisor prior to termination of this Agreement, including any deferred feessubject to the 2%/25% Guidelines to the extent applicable.

Appears in 5 contracts

Samples: Second Amended And (Cole Real Estate Income Strategy (Daily Nav), Inc.), Amended and Restated Advisory Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Advisory Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.)

Payments to and Duties of Advisor Upon Termination. (i) After the termination of this Agreement, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement. If the Company and the Advisor cannot agree on the amount of such reimbursements and fees, including any deferred feesthe parties will submit to binding arbitration.

Appears in 5 contracts

Samples: Advisory Agreement (Greenbacker Renewable Energy Co LLC), Advisory Agreement (Greenbacker Renewable Energy Co LLC), Advisory Agreement (Greenbacker Renewable Energy Co LLC)

Payments to and Duties of Advisor Upon Termination. (i) After the termination of this Agreement, the Advisor shall not be entitled to compensation for further services provided hereunder hereunder, except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, including any deferred fees.

Appears in 5 contracts

Samples: Investment Advisory And (Terra Income Fund 6, Inc.), Administrative Services Agreement (Terra Income Fund 6, Inc.), Administrative Services Agreement (Terra Income Fund 6, Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to and receive from the Company within 30 thirty days after the effective date of such the termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, including any deferred fees.

Appears in 4 contracts

Samples: Form of Advisory Management Agreement (Behringer Harvard REIT II, Inc.), Form of Advisory Management Agreement (Behringer Harvard REIT II, Inc.), Form of Advisory Management Agreement (Behringer Harvard REIT II, Inc.)

Payments to and Duties of Advisor Upon Termination. (i) 17.1 After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, including any deferred fees.

Appears in 4 contracts

Samples: Advisory Agreement (Shearson American REIT, Inc.), Advisory Agreement (New School Properties, Inc.), Advisory Agreement (New School Properties, Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to to, and shall receive from the Company within 30 days after the effective date of such termination the termination, all unpaid reimbursements and all earned but unpaid fees payable to the Advisor prior earned or related to any period up to the time of termination of this Agreement, including any deferred fees.

Appears in 3 contracts

Samples: Advisory Agreement (Lightstone Value Plus REIT V, Inc.), Advisory Agreement (Lightstone Value Plus REIT V, Inc.), Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Payments to and Duties of Advisor Upon Termination. (i) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company Trust within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, including any deferred fees.

Appears in 3 contracts

Samples: Advisory Agreement (Starwood Credit Real Estate Income Trust), Advisory Agreement (Starwood Credit Real Estate Income Trust), Advisory Agreement (Starwood Credit Real Estate Income Trust)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to and receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, including any deferred feesprovided that the Subordinated Incentive Listing Distribution, if any, shall be paid in accordance with the provisions of Section 3.01(e).

Appears in 3 contracts

Samples: Form of Advisory Agreement (NexPoint Hospitality Trust, Inc.), Form of Advisory Agreement (NexPoint Hospitality Trust, Inc.), Form of Advisory Agreement (Nexpoint Multifamily Realty Trust, Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to and receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, including any deferred feesprovided that the Subordinated Incentive Listing Distribution, if any, shall be paid in accordance with the provisions of Section 3.01(d).

Appears in 2 contracts

Samples: Advisory Agreement (Nexpoint Multifamily Realty Trust, Inc.), Form of Advisory Agreement (Nexpoint Multifamily Realty Trust, Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to and receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, including any deferred fees.

Appears in 2 contracts

Samples: Fourth Amended and Restated Advisory Agreement (Carter Validus Mission Critical REIT II, Inc.), Form of Advisory Management Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to and receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, including any deferred feesprovided that the Subordinated Incentive Listing Fee, if any, shall be paid in accordance with the provisions of Section 3.01(d).

Appears in 2 contracts

Samples: Advisory Agreement (AEI Core Property Income Trust, Inc), Advisory Agreement (AEI Core Property Income Trust, Inc)

Payments to and Duties of Advisor Upon Termination. (i) After the termination of this Agreement, the The Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such the termination of this Agreement all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement. Upon any such termination, including any deferred fees.the Advisor shall promptly:

Appears in 2 contracts

Samples: Advisory Agreement, Advisory Agreement (OPC Residential Properties Trust, Inc.)

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Payments to and Duties of Advisor Upon Termination. (i) 16.1 After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, including any deferred fees.

Appears in 2 contracts

Samples: Advisory Agreement (Medical Hospitality Group, Inc.), Advisory Agreement (Medical Hospitality Group, Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to and receive from the Company within 30 days after the effective date of such the termination all unpaid reimbursements of expenses, subject to the provisions of Section 3.04 hereof and the Master Modification Agreement, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, including any deferred fees.

Appears in 2 contracts

Samples: Registration Rights Agreement (Behringer Harvard Multifamily Reit I Inc), Advisory Management Agreement (Behringer Harvard Multifamily Reit I Inc)

Payments to and Duties of Advisor Upon Termination. (i) After the termination of this Agreement, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company Advisee within 30 days after the effective date of such termination all unpaid reimbursements and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement. If the Advisee and the Advisor cannot agree on the amount of such reimbursements and fees, including any deferred feesthe parties will submit to binding arbitration.

Appears in 1 contract

Samples: Advisory Agreement (Greenbacker Renewable Energy Co LLC)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to and receive from the Company within 30 days after the effective date of such termination all unpaid 18 reimbursements of expenses, subject to the provisions of Section 3.04 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, including any deferred feesprovided that the Subordinated Performance Fee, if any, shall be paid in accordance with the provisions of Section 3.01(c).

Appears in 1 contract

Samples: Advisory Agreement (Cole Credit Property Trust Iv, Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to and receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, including any deferred feesexclusive of disputed items arising out of possible unauthorized transactions.

Appears in 1 contract

Samples: Advisory Agreement (BRIX REIT, Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After the expiration or termination of this Agreement, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 thirty (30) days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, including any deferred fees.; and

Appears in 1 contract

Samples: Management Advisory Agreement (Lexicon United Inc)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements of expenses and all earned but unpaid fees payable to the Advisor prior to termination of this Agreement, including any deferred feesprovided that the Subordinated Incentive Listing Fee, if any, shall be paid in accordance with the provisions of Section 3.01(e).

Appears in 1 contract

Samples: Advisory Agreement (Cole Credit Property Trust Inc)

Payments to and Duties of Advisor Upon Termination. (ia) After the Upon any termination or nonrenewal of this Agreement, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination Termination Date all unpaid reimbursements of expenses and all earned but unpaid fees due and payable to the Advisor prior to termination of this Agreement, including any deferred feesthe Termination Date.

Appears in 1 contract

Samples: Advisory Agreement (OPC Residential Properties Trust, Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After From and after the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder hereunder, except that it shall be entitled to and receive from the Company Trust within 30 thirty (30) days after the effective date of such termination Termination Date all compensation accruing to the Termination Date and all unpaid reimbursements of expenses provided for herein, subject to the provisions of Section 3.02 hereof, and all earned but unpaid contingent liabilities related to fees payable to the Advisor prior to termination of this Agreement, including any deferred fees.

Appears in 1 contract

Samples: Advisory Agreement (United Development Funding IV)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation expense reimbursement for further additional services provided hereunder except that it shall be entitled to to, and shall receive from the Company within 30 days after the effective date of such termination the termination, all unpaid reimbursements and all earned but unpaid fees payable of expenses, subject to the Advisor prior provisions of Section 3.03 hereof, earned or related to any period up to the time of termination of this Agreement, including any deferred fees.

Appears in 1 contract

Samples: Advisory Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Payments to and Duties of Advisor Upon Termination. (ia) After the termination of this AgreementTermination Date, the Advisor shall not be entitled to compensation for further services provided hereunder except that it shall be entitled to receive from the Company within 30 days after the effective date of such termination all unpaid reimbursements and all earned but unpaid fees payable to Termination Date the Advisor prior to termination of this Agreement, including any deferred fees.following:

Appears in 1 contract

Samples: Restated Advisory Agreement (Arc Corporate Realty Trust Inc)

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