Access to Property Files. Notwithstanding anything to the contrary set forth in this Agreement, Buyer hereby agrees that following Closing, Seller shall have, upon reasonable prior notice to Buyer, access to all files at the Property that relate to a dispute or a set of facts that could lead to a dispute (a “Dispute”) between Seller and a third party including, without limitation, a tenant of the Property with respect to Seller’s period of ownership thereof; provided, however, all rights, defenses, causes of action and claims relating to a Dispute and arising from matters and events following the Closing Date shall belong to Buyer. In addition, all files at the Property that relate to tenants who have vacated their units at the Property (the “Former Tenant Lease Files”), together with any and all rights, defenses, causes of action and claims relating thereto, shall remain the property of Seller. Former Tenant Lease Files may be removed from the Property by Seller on or before Closing. The provisions of this Section 9.26 shall survive Close of Escrow. (Remainder of page left blank; signature page follows)
Appears in 2 contracts
Samples: HTM Purchase and Sale Agreement and Escrow Instructions, Purchase and Sale Agreement And (Paladin Realty Income Properties Inc)
Access to Property Files. Notwithstanding anything to the contrary set forth in this Agreement, Buyer Purchaser hereby agrees that following Closing, Seller shall have, upon reasonable prior notice to BuyerPurchaser, access to all files at the Property that relate to a dispute or a set of facts that could lead to a dispute (a “Dispute”) between Seller and a third party including, without limitation, a tenant of the Property with respect to Seller’s period of ownership thereof; provided, however, all rights, defenses, causes of action and claims relating to a Dispute and arising from matters and events following the Closing Date shall belong to BuyerPurchaser. In addition, all files at the Property that relate to tenants who have vacated their units at the Property (the “Former Tenant Lease Files”), together with any and all rights, defenses, causes of action and claims relating thereto, shall remain the property of Seller. Former Tenant Lease Files may be removed from the Property by Seller on or before Closing. The provisions of this Section 9.26 14.11 shall survive Close of Escrow. (Remainder of page left blank; signature page follows)the Closing.
Appears in 2 contracts
Samples: Real Estate Sale Agreement (Resource Real Estate Opportunity REIT II, Inc.), Real Estate Sale Agreement (Behringer Harvard Multifamily Reit I Inc)
Access to Property Files. Notwithstanding anything to the contrary set forth in this Agreement, Buyer Purchaser hereby agrees that following Closing, Seller shall have, upon reasonable prior notice to BuyerPurchaser, access to all files at the Property that relate to a dispute or a set of facts that could lead to a dispute (a “Dispute”) between Seller and a third party including, without limitation, a tenant of the Property with respect to Seller’s period of ownership thereof; provided, however, all rights, defenses, causes of action and claims relating to a Dispute and arising from matters and events following the Closing Date shall belong to BuyerPurchaser. In addition, all files at the Property that relate to tenants who have vacated their units at the Property (the “Former Tenant Lease Files”), together with any and all rights, defenses, causes of action and claims relating thereto, shall remain the property of Seller. Former Tenant Lease Files may be removed from the Property by Seller on or before Closing. The provisions of this Section 9.26 14.11 shall survive Close of Escrowthe Closing. (Remainder of page left blank; signature page follows)14.12
Appears in 1 contract
Samples: Real Estate Sale Agreement
Access to Property Files. Notwithstanding anything to the contrary set forth in this Agreement, Buyer Purchaser hereby agrees that following Closing, Seller shall have, upon reasonable prior notice to BuyerPurchaser, access to all files at the Property that relate to a dispute or a set of facts that could lead to a dispute (a “Dispute”) between Seller and a third party including, without limitation, a tenant of the Property with respect to Seller’s period of ownership thereof; provided, however, all rights, defenses, causes of action and claims relating to a Dispute and arising from matters and events following the Closing Date shall belong to BuyerPurchaser. In addition, all files at the Property that relate to tenants who have vacated their units at the Property (the “Former Tenant Lease Files”), together with any and all rights, defenses, causes of action and claims relating thereto, shall remain the property of Seller. Former Tenant Lease Files may be removed from the Property by Seller on or before Closing. The provisions of this Section 9.26 shall survive Close of Escrow. (Remainder of page left blank; signature page follows).
Appears in 1 contract
Samples: Real Estate Sale Agreement (Paladin Realty Income Properties Inc)