Common use of Agreement Not to be Recorded Clause in Contracts

Agreement Not to be Recorded. This Agreement shall not be filed of record by or on behalf of Buyer in any office or place of public record. If Buyer fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the Property. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer shall cause or permit this Agreement or a copy thereof to be filed in an office or place of public record, Seller, at its option, and in addition to Seller’s other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer entitling Seller to retain the Deposit. However, the filing of this Agreement in any lawsuit or other proceedings between the parties in which such document is relevant or material shall not be deemed to be a violation of this Section. Notwithstanding anything else in this Agreement, Buyer or its Affiliates may file this Agreement in any office or place of public record to the extent required by law, including Securities and Exchange Commission rules and regulations, and the Seller shall not have the right to institute proceedings to remove the same from record and such filing will not be treated as a default, material or otherwise, under this Agreement.

Agreement Not to be Recorded. This Agreement shall not be filed of record by or on behalf of Buyer in any office or place of public record. If Buyer fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the Property. Seller Sellers shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer shall cause or permit this Agreement or a copy thereof to be filed in an office or place of public record, Seller, at its option, and in addition to Seller’s other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer entitling Seller Sellers to retain the Deposit. However, the filing of this Agreement in any lawsuit or other proceedings between the parties in which such document is relevant or material shall not be deemed to be a violation of this Section. Notwithstanding anything else in this Agreement, Buyer or its Affiliates may file this Agreement in any office or place of public record to the extent required by law, including Securities and Exchange Commission rules and regulations, and the Seller Sellers shall not have the right to institute proceedings to remove the same from record and such filing will not be treated as a default, material or otherwise, under this Agreement.

Agreement Not to be Recorded. This Agreement Neither this Agreement, nor any ---------------------------- memorandum thereof, nor any assignment thereof (if permitted) shall not be filed of record by or on behalf of Buyer in any office or place of public record. If , and if Buyer fails shall fail to comply with the terms hereof hereby by recording or attempting to record this Agreement or a notice thereofthe same, such act it shall not operate to bind or cloud the title to any of the PropertyIncluded Assets. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer shall or any agent or other person acting for Buyer should cause or permit this Agreement Agreement, a memorandum thereof, or assignment thereof, or a copy thereof thereof, to be filed in an office or place of public record, SellerSeller may, at its option, option and in addition to Seller’s 's other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer entitling Seller to retain the DepositBuyer. However, the filing of this Agreement or any memorandum thereof, or any assignment thereof, or of copies of the same, in any lawsuit suit or other proceedings between the parties legal proceeding in which such document is documents are relevant or material shall not be deemed to be a violation of this Section. Notwithstanding anything else in this Agreement, Buyer or its Affiliates may file this Agreement in any office or place of public record to the extent required by law, including Securities and Exchange Commission rules and regulations, and the Seller shall not have the right to institute proceedings to remove the same from record and such filing will not be treated as a default, material or otherwise, under this Agreementparagraph.

Agreement Not to be Recorded. This Subject to the provisions of Section 2.3, this Agreement shall not be filed of record by or on behalf of Buyer Purchaser in any office or place of public record. If Buyer Purchaser fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the Property. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer Purchaser or any agent, broker or counsel acting for Purchaser shall cause or permit this Agreement or a copy thereof to be filed in an office or place of public record, Seller, at its option, and in addition to Seller’s other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer entitling Seller to retain the DepositPurchaser. However, the filing of this Agreement or any notice in any lawsuit or other proceedings between the parties in which such document is relevant or material shall not be deemed to be a violation of this Section. Notwithstanding anything else in this Agreement, Buyer or its Affiliates may file this Agreement in any office or place of public record to the extent required by law, including Securities and Exchange Commission rules and regulations, and the Seller shall not have the right to institute proceedings to remove the same from record and such filing will not be treated as a default, material or otherwise, under this Agreement.[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]

Agreement Not to be Recorded. This Agreement shall not be filed of record by or on behalf of Buyer in any office or place of public recordrecord other than by Buyer in connection with an action for specific performance hereunder. If Buyer fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the Property. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer shall cause or permit this Agreement or a copy thereof to be filed in an office or place of public record, Seller, at its option, and in addition to Seller’s other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer entitling Seller to retain the Deposit. However, the filing of this Agreement in any lawsuit or other proceedings between the parties in which such document is relevant or material shall not be deemed to be a violation of this Section. Notwithstanding anything else in this Agreement, Buyer or its Affiliates may file this Agreement in any office or place of public record to the extent required by law, including Securities and Exchange Commission rules and regulations, and the Seller shall not have the right to institute proceedings to remove the same from record and such filing will not be treated as a default, material or otherwise, under this Agreement.

Agreement Not to be Recorded. This Agreement shall not be filed of record by or on behalf of Buyer in any office or place of public record. If Buyer fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the PropertyPremises. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer or any agent, broker or counsel acting for Buyer shall cause or permit this Agreement or a copy thereof to be filed in an BUSDOCS/1435908.8 office or place of public record, Seller, at its option, and in addition to Seller’s 's other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer entitling Seller to retain the DepositBuyer. However, the filing of this Agreement in any lawsuit or other proceedings between the parties in which such document is relevant or material shall not be deemed to be a violation of this SectionParagraph. Notwithstanding anything else to the contrary set forth in this Agreementparagraph, Buyer or its Affiliates may shall be entitled to file this Agreement in any office or place of public record to with the extent required by law, including Securities and Exchange Commission rules and after Closing, in the event such disclosure is required or necessary under applicable securities laws or regulations, and the Seller shall not have the right to institute proceedings to remove the same from record and such filing will not be treated as a default, material or otherwise, under this Agreement.

Agreement Not to be Recorded. This Agreement shall not be filed of record by or on behalf of Buyer in any office or place of public record. If Buyer fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the PropertyPremises. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer or any agent, broker or counsel acting for Buyer shall cause or permit this Agreement or a copy thereof to be filed in an office or place of public record, Seller, at its option, and in addition to Seller’s other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer entitling Seller to retain the DepositBuyer. However, the filing of this Agreement in any lawsuit or other proceedings between the parties in which such document is relevant or material shall not be deemed to be a violation of this Section. Notwithstanding anything else to the contrary set forth in this AgreementSection, Buyer or its Affiliates may shall be entitled, at Buyer’s expense, to file this Agreement in any office or place of public record to with the extent required by law, including Securities and Exchange Commission rules and Commission, in the event such disclosure is required or necessary under applicable securities laws or regulations, and the Seller shall not have the right to institute proceedings to remove the same from record and such filing will not be treated as a default, material or otherwise, under this Agreement.

Agreement Not to be Recorded. This Agreement shall not be filed of record by or on behalf of Buyer in any office or place of public record. If Buyer fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the PropertyPremises. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer or any agent, broker or counsel acting for Buyer shall cause or permit this Agreement or a copy thereof to be filed in an office or place of public record, Seller, at its option, and in addition to Seller’s other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer entitling Seller to retain the DepositBuyer. However, the filing of this Agreement in any lawsuit or other proceedings between the parties in which such document is relevant or material shall not be deemed to be a violation of this Section. Notwithstanding anything else in Paragraph, nor shall any other filing of this Agreement, Buyer if required under laws relating to corporate governance, or its Affiliates may file this Agreement in under any office or place rules and regulations of public record to the extent required by law, including United States Securities and Exchange Commission rules and regulationsCommission, and the Seller shall not have the right to institute proceedings to remove the same from record and such filing will not be treated as deemed a default, material or otherwise, under violation of this AgreementParagraph.

Agreement Not to be Recorded. This Agreement Neither this Agreement, nor any ---------------------------- memorandum thereof, nor any assignment thereof (if permitted) shall not be filed of record by or on behalf of Buyer in any office or place of public record. If , and if Buyer fails shall fail to comply with the terms hereof hereby by recording or attempting to record this Agreement or a notice thereofthe same, such act it shall not operate to bind or cloud the title to any of the Real Property. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer shall or any agent or other person acting for Buyer should cause or permit this Agreement Agreement, a memorandum thereof, or assignment thereof, or a copy thereof thereof, to be filed in an office or place of public record, SellerSeller may, at its option, option and in addition to Seller’s 's other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer entitling Seller to retain the DepositBuyer. However, the filing of this Agreement or any memorandum thereof, or any assignment thereof, or of copies of the same, in any lawsuit suit or other proceedings between the parties legal proceeding in which such document is documents are relevant or material shall not be deemed to be a violation of this Section. Notwithstanding anything else in this Agreement, Buyer or its Affiliates may file this Agreement in any office or place of public record to the extent required by law, including Securities and Exchange Commission rules and regulations, and the Seller shall not have the right to institute proceedings to remove the same from record and such filing will not be treated as a default, material or otherwise, under this Agreementparagraph.