Common use of TERMINATION BY THE PARTIES Clause in Contracts

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 18, 19, 20, 30 and 33 shall survive any termination of this Agreement.

Appears in 13 contracts

Samples: Advisory Agreement (Global Growth Trust, Inc.), Advisory Agreement (Global Income Trust, Inc.), Advisory Agreement (Global Income Trust, Inc.)

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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 and/or or the Operating Partnership for Cause or upon the bankruptcy of the AdvisorAdviser; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iii) upon 60 days prior days’ written notice without Good Reason and without Cause or penalty by a majority vote of the AdvisorIndependent Directors; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Adviser. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 23 survive any termination of this Agreement.

Appears in 10 contracts

Samples: Advisory Agreement (J.P. Morgan Real Estate Income Trust, Inc.), Advisory Agreement (BGO Industrial Real Estate Income Trust, Inc.), Advisory Agreement (J.P. Morgan Real Estate Income Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Advisor immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iii) upon 60 days prior days’ written notice without Good Reason and without Cause or penalty by a majority vote of the AdvisorIndependent Directors; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Advisor. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 22 survive any termination of this Agreement.

Appears in 10 contracts

Samples: Advisory Agreement (Starwood Real Estate Income Trust, Inc.), Advisory Agreement (Cohen & Steers Income Opportunities REIT, Inc.), Advisory Agreement (Cohen & Steers Income Opportunities REIT, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; , (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or (iii) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 31 survive any termination of this Agreement.

Appears in 7 contracts

Samples: Advisory Agreement (Moody National REIT I, Inc.), Advisory Agreement (Moody National REIT I, Inc.), Advisory Agreement (Moody National REIT I, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; , (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or (iii) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 17 through 30 and 33 shall survive any termination of this Agreement.

Appears in 6 contracts

Samples: Advisory Agreement (Moody National REIT II, Inc.), Agreement and Plan of Merger (Moody National REIT II, Inc.), Advisory Agreement (Moody National REIT II, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; , (ii) upon 60 days prior days’ written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or (iii) upon 60 days prior days’ written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 17 through 31 survive any termination of this Agreement.

Appears in 5 contracts

Samples: Advisory Agreement (MVP REIT II, Inc.), Advisory Agreement (MVP REIT II, Inc.), Form of Advisory Agreement (MVP REIT II, Inc.)

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 the Operating Partnership; (ii) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the AdvisorAdviser; or (iiiii) by the Company upon 60 days prior days’ written notice without Cause and without or penalty by a majority vote of the Independent Directors of the Company; (iii) upon 60 days prior written notice without Good Reason and without penalty by the AdvisorDirectors; or (iv) immediately by the Advisor for Good Reason or Adviser upon the bankruptcy of 60 days’ written notice to the Company. The provisions of Sections 18, 19, 20, 30 and 33 shall 19 through 23 survive any termination of this Agreement.

Appears in 4 contracts

Samples: Advisory Agreement (Brookfield Real Estate Income Trust Inc.), Advisory Agreement (Brookfield Real Estate Income Trust Inc.), Adviser Transition Agreement (Oaktree Real Estate Income Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 9(e), 9(f), 18, 19, 20, and 30 and 33 shall survive any termination of this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (CNL Properties Trust, Inc.), Form of Advisory Agreement (CNL Properties Trust, Inc.), Form of Advisory Agreement (CNL Diversified Lifestyle Properties, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; , (ii) upon 60 days prior days' written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or (iii) upon 60 days prior days' written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 17 through 31 survive any termination of this Agreement.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (MVP REIT II, Inc.), Agreement and Plan of Merger (MVP REIT, Inc.), Advisory Agreement (MVP REIT II, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 18, 19, 20, 30 and 33 shall survive any termination of this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (CNL Macquarie Global Growth Trust, Inc.), Advisory Agreement (CNL Macquarie Global Income Trust, Inc.), Advisory Agreement (CNL Macquarie Global Growth Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership upon a material breach of this Agreement by the Advisor, (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the CompanyAdviser; (iii) upon 60 days prior days’ written notice without Good Reason and without Cause or penalty by a majority vote of the AdvisorIndependent Directors; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Adviser. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 24 survive any termination of this Agreement.

Appears in 3 contracts

Samples: Advisory Agreement (EQT Exeter Real Estate Income Trust, Inc.), Advisory Agreement (EQT Exeter Real Estate Income Trust, Inc.), Advisory Agreement (EQT Exeter Real Estate Income Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days days’ prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days days’ prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 189(f), 9(g), 10(b)-10(e), 19, 20, 30 21, and 33 31 shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Form of Advisory Agreement (CNL Healthcare Properties II, Inc.), Advisory Agreement (CNL Healthcare Properties II, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the AdvisorAdviser; or (ii) upon 60 days prior days' written notice without Cause and without or penalty by a majority vote of the Independent Directors of the CompanyDirectors; or (iii) upon 60 days prior days' written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy Adviser. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 22 survive any termination of this Agreement.

Appears in 2 contracts

Samples: Advisory Agreement (Apollo Realty Income Solutions, Inc.), Advisory Agreement (Apollo Realty Income Solutions, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days days’ prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days days’ prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 189(f), 9(g), 19, 20, 30 21, and 33 31 shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Advisory Agreement (CNL Healthcare Properties II, Inc.), Form of Advisory Agreement (CNL Healthcare Properties II, Inc.)

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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 the Operating Partnership; (ii) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the AdvisorAdviser; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iii) upon 60 days prior days’ written notice without Good Reason and without Cause or penalty by a majority vote of the AdvisorIndependent Trustees; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Adviser. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 17 through 22 survive any termination of this Agreement.

Appears in 2 contracts

Samples: Advisory Agreement (North Haven Net REIT), Form of Advisory Agreement (North Haven Net REIT)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; , (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or (iii) upon 60 days prior written notice without Good Reason Cause and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 31 survive any termination of this Agreement.

Appears in 2 contracts

Samples: Advisory Agreement (Green Realty Trust, Inc.), Advisory Agreement (Green Realty Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) at the option of the Advisor immediately upon a Change of Control of the Company or Operating Partnership; (ii) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iii) upon 60 days prior days’ written notice without Good Reason and without Cause or penalty by a majority vote of the AdvisorIndependent Directors; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Advisor. The provisions of the Company. Sections 18, 19, 20, 30 18 through 22 and 33 shall 25 through 26 survive any termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (IPC Alternative Real Estate Income Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (ii) upon 60 days days’ prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; (iii) upon 60 days days’ prior written notice without Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 189(b), 9(c), 19, 20, 30 21, and 33 31 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (CNL Healthcare Properties II, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership upon a material breach of this Agreement by the Advisor, (ii) immediately by the Company or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (iiiii) upon 60 days prior days’ written notice without Cause and without or penalty by a majority vote of the Independent Directors of the Company; (iii) upon 60 days prior written notice without Good Reason and without penalty by the AdvisorDirectors; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Advisor. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 24 survive any termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Ashford Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated (i) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; , (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; Company or (iii) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy of the Company. Sections 18, 19, 20, 30 and 33 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Green Realty Trust, Inc.)

TERMINATION BY THE PARTIES. This Agreement may be terminated terminated: (ivii) immediately by the Company and/or or the Operating Partnership for Cause or upon the bankruptcy of the Advisor; (iiviii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iiiix) upon 60 days prior written notice without with Good Reason and without penalty by the Advisor; or (iv) immediately by the Advisor for Good Reason or upon the bankruptcy . The provisions of the Company. Sections 18Article 13, 19, 20, 30 Section 14.03 and 33 Articles 16 through 18 of this Agreement shall survive any termination of this Agreement.. 14.03

Appears in 1 contract

Samples: Iii Advisory 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; (ii) immediately by the Company and/or the Operating Partnership for Cause or upon the bankruptcy of the AdvisorAdviser; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iii) upon 60 days prior days’ written notice without Good Reason and without Cause or penalty by a majority vote of the AdvisorIndependent Directors; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Adviser. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 19 through 23 survive any termination of this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Oaktree Real Estate Income Trust, Inc.)

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 and/or or the Operating Partnership for Cause or upon the bankruptcy of the AdvisorAdviser; (ii) upon 60 days prior written notice without Cause and without penalty by a majority of the Independent Directors of the Company; or (iii) upon 60 days prior days’ written notice without Good Reason and without Cause or penalty by a majority vote of the AdvisorIndependent Directors; or (iv) immediately upon 60 days’ written notice by the Advisor for Good Reason or upon the bankruptcy Adviser. The provisions of the Company. Sections 18, 19, 20, 30 and 33 shall 18 through 22 survive any termination of this Agreement. 17.

Appears in 1 contract

Samples: Advisory Agreement (Blackstone Real Estate Income Trust, Inc.)

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