Common use of Change in Condition Clause in Contracts

Change in Condition. At or prior to the applicable Closing, Seller shall promptly notify Buyer of any Material change in any condition with respect to the Property made known to Seller or of any event or circumstance of which Seller becomes aware which makes any representation or warranty of Seller to Buyer under this Agreement untrue or misleading, or any covenant of Seller under this Agreement incapable or less likely of being performed it being understood that the obligation to provide notice to Buyer under this Section shall in no way relieve Seller of any liability for a breach by Seller of any of its representations, warranties or covenants under this Agreement.

Appears in 2 contracts

Samples: Contract of Acquisition (Windrose Medical Properties Trust), Acquisition Agreement (Windrose Medical Properties Trust)

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Change in Condition. At or prior to the applicable Closing, Seller shall promptly notify Buyer of any Material change in any material condition with respect to the Property made known to Seller Additional Properties or of any event or circumstance of which Seller becomes aware which makes any representation or warranty of Seller to Buyer under this Amendment or the Agreement materially untrue or misleading, or any covenant of Buyer or Seller under this Amendment or the Agreement incapable or less likely of being performed performed, it being understood that the Seller's obligation to provide notice to Buyer under this Section shall in no way relieve Seller of any liability for a breach by Seller of any of its representations, warranties or covenants under this Amendment or the Agreement.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Arden Realty Inc), Agreement of Purchase and Sale (Arden Realty Inc)

Change in Condition. At or prior to the applicable Closing, Seller shall promptly notify Buyer of any Material change in any condition with respect to the Property made known to or Seller or of any event or circumstance of which Seller becomes aware which makes any representation or warranty of Seller to Buyer under this Agreement untrue or misleading, or any covenant of Seller under this Agreement incapable or less likely of being performed it being understood that the obligation to provide notice to Buyer under this Section shall in no way relieve Seller of any liability for a breach by Seller of any of its representations, warranties or covenants under this Agreement.

Appears in 1 contract

Samples: Acquisition Agreement (Windrose Medical Properties Trust)

Change in Condition. At or prior to the applicable Closing, Seller shall promptly notify Buyer of any Material material change in any condition with respect to the Property made known to Property, Seller or of any event or circumstance of which Seller becomes aware which makes any representation or warranty of Seller to Buyer under this Agreement materially untrue or misleading, misleading or which makes any covenant of Seller under this Agreement incapable or less likely of being performed performed, it being understood that the obligation to provide notice to Buyer under this Section shall in no way relieve Seller of any liability for a breach by Seller of any of its representations, warranties or covenants under this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Windrose Medical Properties Trust)

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Change in Condition. At or prior to the applicable Closing, Seller Sellers shall promptly notify Buyer of any Material material change in any condition with respect to the Property made known to Seller Property, Sellers or of any event or circumstance of which Seller becomes Sellers become aware which makes any representation or warranty of Seller Sellers to Buyer under this Agreement materially untrue or misleading, misleading or which makes any covenant of Seller Sellers under this Agreement incapable or less likely of being performed performed, it being understood that the obligation to provide notice to Buyer under this Section shall in no way relieve Seller Sellers of any liability for a breach by Seller Sellers of any of its their representations, warranties or covenants under this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Windrose Medical Properties Trust)

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