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 the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 12, 13, 15 15, 16 and 16 17 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 12, 13, 15 and 16 17 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty penalty, by either the Company party (acting through by majority of the Conflicts Committee) Committee or a majority of the Board of Directors of the Advisor, as the case may be). The provisions of Articles Sections 1, 106, 127, 13, 15 and 16 shall 17 through 29 survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles Sections 1, 4, 10, 12, 13, 14 and 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty penalty, by either the Company party (acting through by majority of the Conflicts Committee) Committee or a majority of the Board of Directors of the Advisor, as the case may be). The provisions of Articles Paragraphs 1, 106, 127, 13, 15 and 16 shall 17 through 30 survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days days’ written notice without cause or penalty by either the Company (acting through with the Conflicts Committeeconsent of a majority of the Independent Directors) or the Advisor. The provisions of Articles 1, 1011, 12, 13, 14 and 15 and 16 shall survive termination of this Agreement. Notwithstanding anything else that may be to the contrary herein, the expiration or earlier termination of this Agreement shall not relieve a party for liability for any breach occurring prior to such expiration or earlier termination.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty penalty, by either the Company party (acting through by majority of the Conflicts Committee) Committee or a majority of the Board of Directors of the Advisor, as the case may be). The provisions of Articles Paragraphs 1, 106, 7, 12, 13, 15 and 16 shall 17 through 33 survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 30 days written notice without cause or penalty by either the Company (acting through in sole discretion and authority of the Conflicts Committee) or upon 90 days written notice without cause or penalty by the Advisor. The provisions of Articles 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days days’ written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Section 14.2 and Articles 1, 10, 12, 13, 15 and 16 (other than Section 16.11) shall survive termination of this Agreement. Notwithstanding anything else that may be to the contrary herein, the expiration or earlier termination of this Agreement shall not relieve a party for liability for any breach occurring prior to such expiration or earlier termination.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) Advisor or the Sub-Advisor. The provisions of Articles 1, 108, 12, 13, 15 10 and 16 11 hereof shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty penalty, by either the Company party (acting through by majority of the Conflicts Committee) Committee or a majority of the Board of Directors of the Advisor, as the case may be). The provisions of Articles Sections 1, 106, 127, 13, 15 and 16 shall 17 through 30 survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days days’ written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Section 8.5, 8.6 and 14.2 and Articles 1, 10, 12, 13, 15 and 16 (other than Section 16.11) shall survive termination of this Agreement. Notwithstanding anything else that may be to the contrary herein, the expiration or earlier termination of this Agreement shall not relieve a party for liability for any breach occurring prior to such expiration or earlier termination.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty penalty, by either party (by majority of the Company (acting through the Conflicts Committee) or independent Trustees of the Advisor, as the case may be). The provisions of Articles Sections 1, 106, 127, 13, 15 and 16 shall through 27 survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty penalty, by either the Company party (acting through by majority of the Conflicts Committee) Committee or a majority of the Board of Directors of the Advisor, as the case may be). The provisions of Articles Sections 1, 106, 7, 12, 13, 15 and 16 shall 17 through 30 survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Corporate Governance Committee) or the Advisor. The provisions of Articles 1, 10, 12, 13, 14 and 15 and 16 hereof shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty penalty, by either party (if by the Company (acting through Company, upon approval of a majority of the Conflicts Committee) or the AdvisorIndependent Directors). The provisions of Articles 1, 10, 12, 13, Sections 15 and 16 through 27 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles Sections 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles Sections 1, 4, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days days’ written notice Notice without cause or penalty by either the Company (acting through with the Conflicts Committeeconsent of a majority of the Independent Directors) or the Advisor. The provisions of Articles 1, 1011, 12, 13, 14 and 15 and 16 shall survive termination of this Agreement. Notwithstanding anything else that may be to the contrary herein, the expiration or earlier termination of this Agreement shall not relieve a party for liability for any breach occurring prior to such expiration or earlier termination.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles Sections 1, 10, 12, 1314, 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty penalty, by either the Company (acting through the Conflicts Committee) or the Advisorparty. The provisions of Articles Paragraphs 1, 105, 126, 13, 15 and 16 14 through 23 shall survive the termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days days’ written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Section 8.5 and 14.2 and Articles 1, 10, 12, 13, 15 and 16 (other than Section 16.11) shall survive termination of this Agreement. Notwithstanding anything else that may be to the contrary herein, the expiration or earlier termination of this Agreement shall not relieve a party for liability for any breach occurring prior to such expiration or earlier termination.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty penalty, by either the Company party (acting through by majority of the Conflicts Committee) Committee or a majority of the AdvisorBoard of Directors of Xxxxx REF, as the case may be). The provisions of Articles Paragraphs 1, 105, 126, 13, 15 and 16 13 through 24 shall survive the termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through in sole discretion and authority of the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 1011, 12, 13, 14 and 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 30 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or upon 90 days written notice without cause or penalty by the Advisor. The provisions of Articles 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.. EAST\126877177.1

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty penalty, by either the Company party (with Sponsoring Member acting through the Conflicts Committee) or the Advisoron behalf of Company). The provisions of Articles 1, 10, 12, 13, 15 Sections 1,6,7 and 16 shall through 26 survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty penalty, by either the Company party (acting through by majority of the Conflicts Committee) Committee or a majority of the Board of Trustees of the Advisor, as the case may be). The provisions of Articles Sections 1, 106, 127, 13, 15 and 16 shall through 27 survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the AdvisorManager. The provisions of Articles Article 1, Article 10, Article 12, 13Article 14, and Article 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. . This Agreement may be terminated for Cause upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 12, 1314, 15 16 and 16 17 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated (i) upon 60 days written notice without cause Cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor or (ii) immediately by the Company for Cause or upon the bankruptcy of the Advisor. The provisions of Articles 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days days’ written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Section 13.2 and Articles 1, 1011, 12, 13, 14 and 15 and 16 (other than Section 15.11) shall survive termination of this Agreement. Notwithstanding anything else that may be to the contrary herein, the expiration or earlier termination of this Agreement shall not relieve a party for liability for any breach occurring prior to such expiration or earlier termination.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles Sections 1, 4, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.. 13.3

Termination by Either Party. This Agreement may be terminated for Cause upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 1211, 13, 15 and 16 shall survive termination of this Agreement.. 13.03

Termination by Either Party. This With respect to any renewal of this Agreement may be terminated upon for a period of more than 60 days written notice without cause or penalty by days, either the Company (acting through the Conflicts Committee) or the AdvisorAdvisor may terminate this Agreement upon 60 days written notice without cause or penalty. The provisions of Articles 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated for Cause upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 12, 1314, 15 16 and 16 17 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated for Cause upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 1211, 13, 15 and 16 shall survive termination of this Agreement.

Termination by Either Party. This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.. EAST\126969229.2