Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and the Closing, or, to the extent the context requires, beyond any termination of this Agreement.
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective Parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective Parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and shall survive the Closing for a period of six (6) months after the Closing, or, to the extent the context requires, beyond any termination of this Agreement for a period of six (6) months. Any claim for breach of a representation and warranty given hereunder must be filed and served within such six (6) month period, or be deemed waived and released. Purchase and Sale Agreement 936949.5 • ALTA/ACSM Land Title Survey o ALTA/NSPS Land Title Survey prepared by American National dated October 9, 2017 • Aged Receivables o A/R as of February 28, 2018 • CAM Recs o 2017 CAM Recovery Schedules o 2016 CAM Recovery Schedules o 2015 CAM Recovery Schedules • Certificates of Occupancy • Environmental ◦ Phase I Environmental Site Assessment prepared by AEI Consultants dated August 16, 2017 ◦ Limited Phase II Subsurface Investigation prepared by AEI Consultants dated Sept. 27, 2017 ◦ Asbestos Containing Materials O & M Program, prepared by AEI Consultants dated Sept. 5, 2017 ◦ Phase I Environmental Site Assessment prepared by ASM dated December 20, 2011 • Leases o Pantego Dentist dba A Smile Above § Lease dated November 5, 2014 § Form of Guaranty dated November 5, 2014 § First Amendment to Lease dated March 4, 2015 § Second Amendment to Lease dated August 11, 2017 § Third Amendment to Lease dated December 12, 2017 § Landlord’s Waiver dated February 3, 2015 § Notice of Lease Term dates dated November 17, 2014 o Family Dollar Stores of Texas, LLC § Lease Agreement dated June 11, 2008 § First Amendment to Lease Agreement dated December 30, 2009 § Second Amendment to Lease Agreement dated June 3, 2013 o Fort Worth Community Credit Union § Lease dated April 2, 1998 § First Amendment to Lease dated February 8, 2001 § Second Amendment to Lease dated January 23, 2003 § Third Amendment to Lease dated January 18, 2005 Purchase and Sale Agreement 936949.5 § Fourth Amendment to Lease dated March 1, 2007 § Fifth Amendment to Lease dated March 1, 2009 § Sixth Am...
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective parties contained herein or made in writing pursuant to this Agreement, shall survive the execution and delivery of this Agreement and the Closing for a period of 12 months, or, to the extent the context requires, beyond any termination of this Agreement. In the event that a claim is not made with respect to a breach of a representation, warranty or covenant set forth herein within such 12 month period, such claim shall be deemed waived.
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective Parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective Parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and shall survive the Closing for a period of six (6) months after the Closing, or, to the extent the context requires, beyond any termination of this Agreement for a period of six (6) months. Any claim for breach of a representation and warranty given hereunder must be filed and served within such six (6) month period, or be deemed waived and released. Purchase and Sale Agreement 846565.4 • Land Title Survey o ALTA/NSPS Land Title Survey prepared by American National dated November 9, 2016 • Aged Receivables o A/R as of December 31, 2016 • CAM Recs o 2017 CAM Pre Bills o 2017 CAM Recovery Calculations
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective Parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective Parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and shall survive the Closing for a period of nine (9) months after the Closing, or, to the extent the context requires, beyond any termination of this Agreement for a period of nine (9) months. Any claim for breach of a representation and warranty given hereunder must be filed and served within such nine (9) month period, or be deemed waived and released.
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective Parties contained in this Agreement or any Transaction Document shall survive the Closing for a period of nine (9) months after the Closing, or, to the extent the context requires, beyond any termination of this Agreement for a period of nine (9) months. Any claim for breach of a representation and warranty made hereunder must be delivered in writing to the other Party within such nine (9) month period and filed with a court of competent jurisdiction within thirty (30) days thereafter, or be deemed waived and released.
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective Parties contained herein or made in writing pursuant to this Agreement are intended to, and shall, remain true and correct as of the time of Closing, and, together with all conditions, covenants and indemnities made by the respective Parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and shall survive the Closing for a period of one (1) year after the Closing, or, to the extent the context requires, beyond any termination of this Agreement for a period of one (1) year.
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing (unless otherwise provided in the certificates to be delivered pursuant to Paragraphs 7(c)(vi) and 7(d)(iv)), and, together with all conditions, covenants and indemnities made by the respective parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and the Closing for a period of twelve (12) months.
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective parties contained herein or made in writing 34 35 pursuant to this Agreement (including, without limitation, any representations and warranties contained in the Deeds, the Bills of Sale, the Assignments of Leases, the Intangible Assignments and any Closing certificates) are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all indemnities made by the respective parties contained herein or made in writing pursuant to this Agreement (including, without limitation, any representations and warranties contained in the Deed, the Deeds, the Bills of Sale, the Assignments of Leases, the Intangible Assignments and any Closing certificates) shall survive the execution and delivery of this Agreement and the Closing for a period of three (3) years, or, to the extent expressly provided herein, beyond any termination of this Agreement. The Transferors' representations and warranties set forth in any landlord estoppel certificate delivered pursuant to Paragraph 6(b) above shall survive the Closing for the periods of time set forth in said Paragraph 6(b).
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective parties contained herein or made in writing
