Common use of Termination by the Operating Partnership Clause in Contracts

Termination by the Operating Partnership. The Operating Partnership shall have the right to terminate this Agreement at any time following the occurrence of any of the following events: (i) the determination by the Operating Partnership, in its sole and absolute discretion, not to proceed with the IPO Transactions; (ii) the determination by the Operating Partnership, in its sole and absolute discretion, not to proceed with the transfer of the Property on the terms outlined herein; (iii) the determination that any representation or warranty of the Contributor contained herein is no longer true or correct, and that such representation or warranty cannot reasonably be expected to be true and correct at the Closing; or (iv) at any time on or after February 15, 2005, for any reason.