Common use of RESIGNATION, REMOVAL AND OTHER MATTERS RELATING TO THE EVALUATOR Clause in Contracts

RESIGNATION, REMOVAL AND OTHER MATTERS RELATING TO THE EVALUATOR. (a) The Evaluator may resign and be discharged hereunder, by executing an instrument in writing resigning as the Evaluator and filing the same with the Depositor (if separate from the Evaluator) and the Trustee not less than 60 days before the date specified in such instrument when, subject to Section 4.05(c), such resignation is to take effect. Upon receiving such notice of resignation, the Depositor shall use its best efforts to appoint a successor Evaluator having qualifications and at a rate of compensation satisfactory to the Depositor. Such appointment shall be made by written instrument executed by the Depositor and the Trustee in duplicate, one copy of which shall be delivered to the resigning Evaluator and one copy to the successor evaluator. The Depositor or the Trustee may remove the Evaluator at any time upon thirty days' written notice and appoint a successor evaluator having qualifications and at a rate of compensation satisfactory to the Depositor and the Trustee. Such appointment shall be made by written instrument executed by the Depositor and the Trustee in duplicate, one copy of which shall be delivered to the Evaluator so removed and one copy to the successor evaluator. Notice of such resignation or removal and appointment of a successor evaluator shall be mailed by the Trustee to each Unitholder. (b) If the Evaluator resigns and no successor evaluator shall have been appointed and have accepted appointment within 30 days after receipt of the notice of resignation by the Depositor and the Trustee, the Evaluator may forthwith apply to a court of competent jurisdiction for the appointment of a successor evaluator. Such court may thereupon, after such notice, if any, as it may deem proper, appoint a successor evaluator. (c) Any successor evaluator appointed hereunder shall execute, acknowledge and deliver to the Depositor and the Trustee an instrument accepting such appointment hereunder, and such successor evaluator without any further act, deed or conveyance shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder with like effect as if originally named the Evaluator herein and shall be bound by all the terms and conditions of this Agreement. Any resignation or removal of the Evaluator and appointment of a successor evaluator pursuant to this Section 4.05 shall become effective upon such acceptance of appointment. (d) Any corporation into which the Evaluator hereunder may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Evaluator hereunder shall be a party, shall be the successor evaluator under this Agreement without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything herein, or in any agreement relating to such merger or consolidation, by which the Evaluator may seek to retain certain powers, rights and privileges theretofore obtaining for any period of time following such merger or consolidation, to the contrary notwithstanding.

RESIGNATION, REMOVAL AND OTHER MATTERS RELATING TO THE EVALUATOR. (a) The Evaluator may resign and be discharged hereunder, by executing an instrument in writing resigning as the Evaluator and filing the same with the Depositor (if separate from the Evaluator) and the Trustee not less than 60 days before the date specified in such instrument when, subject to Section 4.05(c), such resignation is to take effect. Upon receiving such notice of resignation, the Depositor (if separate from the Evaluator) and the Trustee shall use its their best efforts to appoint a successor Evaluator having qualifications and at a rate of compensation satisfactory to the DepositorDepositor (if separate from the Evaluator) and the Trustee. Such appointment shall be made by written instrument executed by the Depositor (if separate from the Evaluator) and the Trustee Trustee, in duplicate, one copy of which shall be delivered to the resigning Evaluator and one copy to the successor evaluatorEvaluator. The Depositor or the Trustee may remove the Evaluator at any time upon thirty days' written notice and appoint a successor evaluator Evaluator having qualifications and at a rate of compensation satisfactory to the Depositor and the Trustee. Such appointment shall be made by written instrument executed by the Depositor and the Trustee Depositor, in duplicate, one copy of which shall be delivered to the Evaluator so removed and one copy to the successor evaluatorEvaluator. Notice of such resignation or removal and appointment of a successor evaluator Evaluator shall be mailed by the Trustee to each Unitholder. (b) If the Evaluator resigns and no successor evaluator Evaluator shall have been appointed and have accepted appointment within 30 days after receipt of the notice of resignation by the Depositor (if appropriate) and the Trustee, the Evaluator may forthwith apply to a court of competent jurisdiction for the appointment of a successor evaluatorEvaluator. Such court may thereupon, after such notice, if any, as it may deem proper, appoint a successor evaluatorEvaluator. (c) Any successor evaluator Evaluator appointed hereunder shall execute, acknowledge and deliver to the Depositor and the Trustee an instrument accepting such appointment hereunder, and such successor evaluator Evaluator without any further act, deed or conveyance shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder with like effect as if originally named the Evaluator herein and shall be bound by all the terms and conditions of this Agreement. Any resignation or removal of the Evaluator and appointment of a successor evaluator Evaluator pursuant to this Section 4.05 shall become effective upon such acceptance of appointment. (d) Any corporation into which the Evaluator hereunder may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Evaluator hereunder shall be a party, shall be the successor evaluator Evaluator under this Agreement without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything herein, or in any agreement relating to such merger or consolidation, by which the Evaluator may seek to retain certain powers, rights and privileges theretofore obtaining for any period of time following such merger or consolidation, to the contrary notwithstanding.

RESIGNATION, REMOVAL AND OTHER MATTERS RELATING TO THE EVALUATOR. (a) The Evaluator may resign and be discharged hereunder, by executing an instrument in writing resigning as the Evaluator and filing the same with the Depositor (if separate from the Evaluator) and the Trustee not less than 60 days before the date specified in such instrument when, subject to Section 4.05(c), such resignation is to take effect. Upon receiving such notice of resignation, the Depositor (if separate from the Evaluator) and the Trustee shall use its their best efforts to appoint a successor Evaluator having qualifications and at a rate of compensation satisfactory to the DepositorDepositor (if separate from the Evaluator) and the Trustee. Such appointment shall be made by written instrument executed by the Depositor (if separate from the Evaluator) and the Trustee Trustee, in duplicate, one copy of which shall be delivered to the resigning Evaluator and one copy to the successor evaluatorEvaluator. The Depositor or the Trustee may remove the Evaluator at any time upon thirty days' written notice and appoint a successor evaluator Evaluator having qualifications and at a rate of compensation satisfactory to the Depositor and the Trustee. Such appointment shall be made by written instrument executed by the Depositor and the Trustee Depositor, in duplicate, one copy of which shall be delivered to the Evaluator so removed and one copy to the successor evaluatorEvaluator. Notice of such resignation or removal and appointment of a successor evaluator Evaluator shall be mailed by the Trustee to each Unitholder. (b) If the Evaluator resigns and no successor evaluator Evaluator shall have been appointed and have accepted appointment within 30 days after receipt of the notice of resignation by the Depositor (if appropriate) and the Trustee, the Evaluator may forthwith apply to a court of competent jurisdiction for the appointment of a successor evaluatorEvaluator. Such court may thereupon, after such notice, if any, as it may deem proper, appoint a successor evaluatorEvaluator. (c) Any successor evaluator Evaluator appointed hereunder shall execute, acknowledge and deliver to the Depositor and the Trustee an instrument accepting such appointment hereunder, and such successor evaluator Evaluator without any further act, deed or conveyance shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder with like effect as if originally named the Evaluator herein and shall be bound by all the terms and conditions of this Agreement. Any resignation or removal of the Evaluator and appointment of a successor evaluator Evaluator pursuant to this Section 4.05 shall become effective upon such acceptance of appointment. (d) Any corporation into which the Evaluator hereunder may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Evaluator hereunder shall be a party, shall be the successor evaluator Evaluator under this Agreement without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything herein, or in any agreement relating to such merger or consolidation, by which the Evaluator may seek to retain certain powers, rights and privileges theretofore obtaining for any period of time following such merger or consolidation, to the contrary notwithstanding.. -24