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 REIT, Inc.), Form of Advisory Agreement (Wells Real Estate Investment Trust Ii Inc), Advisory Agreement (Orange Hospitality, INC)
Termination by Either Party. This Agreement may be terminated upon 60 days days’ written notice without Cause cause or penalty, 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)party.
Appears in 20 contracts
Samples: Advisory Agreement (Hines Global Income Trust, Inc.), Advisory Agreement (Hartman Short Term Income Properties XX, Inc.), Advisory Agreement (Hines Global Income Trust, Inc.)
Termination by Either Party. This Agreement may be terminated upon 60 days immediately without penalty (but subject to the requirements of Section 20 hereof) by the Advisor by written notice of termination to the Company upon the occurrence of events which would constitute Good Reason or by the Company without Cause cause or penalty, penalty (but subject to the requirements of Section 20 hereof) by either party (by action of a majority of the Independent Directors or by action of the Company or a majority of the Board of Directors of the AdvisorShareholders, as the in either case may be)upon 60 days' written notice.
Appears in 17 contracts
Samples: Asset Management Agreement (Carey W P & Co LLC), Advisory Agreement (Carey W P & Co LLC), Advisory Agreement (Carey W P & Co LLC)
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 (Cornerstone Core Properties REIT, 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 days sixty (60) days’ written notice without Cause cause or penalty, 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)party.
Appears in 6 contracts
Samples: Advisory Agreement (Hartman vREIT XXI, Inc.), Advisory Agreement (Hartman vREIT XXI, Inc.), Advisory Agreement (Hartman vREIT XXI, 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 Agreement may be terminated upon 60 days written notice without Cause or penalty, by either party upon the provision of at least sixty (by a majority of 60) days prior written notice 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 5 contracts
Samples: Handling Facility Membership Agreement, Handling Facility Membership Agreement, Subscriber Agreement
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 days' written notice without Cause cause or penalty, 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)party.
Appears in 4 contracts
Samples: Advisory Agreement (Hines Real Estate Investment Trust Inc), Advisory Agreement (Hines Real Estate Investment Trust Inc), Advisory Agreement (Hines Real Estate Investment Trust Inc)
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 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 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 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 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
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 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
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 (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 (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 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
Termination by Either Party. This Agreement may be terminated upon 60 days written notice without Cause cause or penalty, 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).(acting in sole discretion and
Appears in 1 contract
Samples: Advisory Agreement (Pacific Oak Strategic Opportunity REIT, 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 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 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
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)