exhibit 10. 1 tenth amended and restated advisory agreement among dividend capital diversified property fund inc., dividend capital total realty operating partnership lp and dividend capital total advisors llc table of contents 1. definitions 12. appointment 93. duties of the advisor 94. authority of advisor 135. bank accounts 136. records ; access 137. limitations on activities 138. relationship with directors 149. fees 1410. expenses 1711. other services 1812. reimbursement to the advisor 1913. other activities of the advisor 1914. term ; termination of agreement 2015. termination by the parties 2016. assignment to an affiliate 2017. payments to and duties of advisor upon termination 2118. indemnification by the company and the operating partnership 2119. indemnification by advisor 2220. notices 2221. modification 2322. severability 2323. construction 2324. entire agreement 2325. indulgences, not waivers 2326. gender 2327. titles not to affect interpretation 2428. execution in counterparts 2429. initial investment 24 1. definitions 12. appointment 93. duties of the advisor 94. authority of advisor 135. bank accounts 136. records ; access 137. limitations on activities 138. relationship with directors 149. fees 1410. expenses 1711. other services 1812. reimbursement to the advisor 1913. other activities of the advisor 1914. term ; termination of agreement 2015. termination by the parties 2016. assignment to an affiliate 2017. payments to and duties of advisor upon termination 2118. indemnification by the company and the operating partnership 2119. indemnification by advisor 2220. notices 2221. modification 2322. severability 2323. construction 2324. entire agreement 2325. indulgences, not waivers 2326. gender 2327. titles not to affect interpretation 2428. execution in counterparts 2429. initial investment 24 1. definitions 12. appointment 93. duties of the advisor 94. authority of advisor 135. bank accounts 136. records ; access 137. limitations on activities 138. relationship with directors 149. fees 1410. expenses 1711. other services 1812. reimbursement to the advisor 1913. other activities of the advisor 1914. term ; termination of agreement 2015. termination by the parties 2016. assignment to an affiliate 2017. payments to and duties of advisor upon termination 2118. indemnification by the company and the operating partnership 2119. indemnification by