Conflict with LOI. This Agreement is being entered into pursuant to and in accordance with the terms and provisions of the LOI. The LOI shall survive the execution of this Agreement. In the event of a direct conflict between the terms of this Agreement and the terms of the LOI, the LOI shall control. Notwithstanding the forgoing, the matters set forth in Section 2 of this Agreement are meant to be construed in conjunction with the LOI and neither document shall control over the other with respect to such Section 2.
Appears in 4 contracts
Samples: Closing Agreement (Inland American Real Estate Trust, Inc.), Closing Agreement (Inland American Real Estate Trust, Inc.), Closing Agreement (Inland American Real Estate Trust, Inc.)
Conflict with LOI. This Agreement is being entered into pursuant to and in accordance with the terms and provisions of the LOI. The LOI shall survive the execution of this Agreement. In the event of a direct conflict between the terms of this Agreement and the terms of the LOI, the LOI shall control. Notwithstanding the forgoing, the matters set forth in Section 2 of this Agreement are meant to be construed in conjunction with the LOI and neither document shall control over the other with respect to such Section 2.
Appears in 1 contract
Samples: Closing Agreement (Inland American Real Estate Trust, Inc.)
