AGREEMENT ESTOPPEL CERTIFICATE. An estoppel certificate in form and substance attached hereto as Schedule 7.21 ("Agreement Estoppel") showing no material exceptions that are executed by each party to those easement agreements or other agreements or undertakings (including, but not limited to, development agreements) affecting the Project on and after the Closing Date that require the performance of obligations by the owner of the Project and the approval of such performance by the other party to the same that are identified by Purchaser to Seller, in writing, not less than fifteen (15) days prior to the Closing Date. To the extent such Agreement Estoppel shows a material exception or the party to such easement agreements or other agreements or undertakings identified by Purchaser as aforesaid fails to deliver an Agreement Estoppel, Seller shall be entitled to deliver its undertaking confirming, in form and substance reasonably acceptable to Purchaser, the terms and conditions of the Agreement Estoppel to the extent applicable in the form attached hereto as Schedule 7.21, and such confirmation by Seller shall not be subject to the time limitation for claims set forth in Paragraph 10.04(b) hereof. After the Closing, when and as Purchaser receives an Agreement Estoppel for which Seller delivered its undertaking as aforesaid, the subject undertaking shall be released by Purchaser and returned to Seller and shall be deemed to be of no further force and effect.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Developers Diversified Realty Corp), Agreement of Purchase and Sale (Developers Diversified Realty Corp)
AGREEMENT ESTOPPEL CERTIFICATE. An estoppel certificate in form and substance attached hereto as Schedule 7.21 ("Agreement Estoppel") showing no material exceptions that are executed by each party to those easement agreements or other agreements or undertakings (including, but not limited to, development agreements) affecting the Project on and after the Closing Date that require the performance of obligations by the owner of the Project and the approval of such performance by the other party to the same that are identified by Purchaser to Seller, in writing, not less than fifteen (15) days prior to the applicable Closing Date. To the extent such Agreement Estoppel shows a material exception or the party to such easement agreements or other agreements or undertakings identified by Purchaser as aforesaid fails to deliver an Agreement Estoppel, Seller shall be entitled to deliver its undertaking confirming, in form and substance content reasonably acceptable to Purchaser, the terms and conditions of the Agreement Estoppel to the extent applicable in the form attached hereto as Schedule 7.21, and such confirmation by Seller shall not be subject to the time limitation for claims set forth in Paragraph 10.04(b) hereof. After the Closing, when and as Purchaser receives an Agreement Estoppel for which Seller delivered its undertaking as aforesaid, the subject undertaking shall be released by Purchaser and returned to Seller and shall be deemed to be of no further force and effect.be
Appears in 1 contract
Samples: Purchase and Sale Agreement (Developers Diversified Realty Corp)
AGREEMENT ESTOPPEL CERTIFICATE. An estoppel certificate in form and substance attached hereto as Schedule 7.21 ("Agreement Estoppel") showing no material exceptions that are executed by each party to those easement agreements or other agreements or undertakings (including, but not limited to, development agreements) affecting the Project on and after the Closing Date that require the performance of obligations by the owner of the Project and the approval of such performance by the other party to the same that are identified by Purchaser to Seller, in writing, not less than fifteen (15) days prior to the Closing Date. To the extent such Agreement Estoppel shows a material exception or the party to such easement agreements or other agreements or undertakings identified by Purchaser as aforesaid fails to deliver deliver, an Agreement Estoppelestoppel, Seller shall be entitled to deliver its undertaking confirming, in form and substance reasonably acceptable to Purchaser, the terms and conditions of the Agreement Estoppel to the extent applicable in the form attached hereto as Schedule 7.21, and such confirmation by Seller shall not be subject to the time limitation for claims set forth in Paragraph 10.04(b) hereof. After the Closing, when and as Purchaser receives an Agreement Estoppel for which Seller delivered its undertaking as aforesaid, the subject undertaking shall be released by Purchaser and returned to Seller and shall be deemed to be of no further force and effect.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Developers Diversified Realty Corp)