General Provisions on Material and Legal Defects Sample Clauses

General Provisions on Material and Legal Defects. 4.1 Any rights and claims of the Buyer for material or legal defects of the Object of Purchase shall be excluded unless explicitly otherwise agreed on in this Agreement. Any liability of the Seller for damages, for defects or any other reason, is shall be limited, with the exceptions of Section 4.2, to direct damage, in particular excluding consequential damage such as lost gains from an on-sale; the parties make it clear that a reduction of rental income resulting from a defective purchase object, for instance due to reduced rents, claims for damages or set-offs by tenants, shall constitute direct damage. 4.2 Insofar as an exemption from or limitation of liability is agreed on above, it shall not apply to liability for damage from the injury of life, body or health if the Seller or its legal representative or vicarious agent is liable for the violation of duty nor to compensation for further damage due to an intentional or grossly negligent violation of duty of the Seller or its legal representative or vicarious agent. 4.3 The Seller has provided the Buyer with information and documents on the Object of Purchase (hereinafter collectively the “Data Room”). The contents of the Data Room, which are known to the Buyer, are summarized in the Data Room Index in Annex 4.4 to the Reference Deed. This data carrier on which the entire Data Room is stored was submitted today to the notary public by the Parties, who have checked the completeness of the data carrier with regard to the contents of the Data Room in advance, for safekeeping, with the instruction to keep such data carriers with the original agreement, and to make available a copy to each Party upon written request and at the expense of such Party. 4.4 Where the Seller’s knowledge is decisive, knowledge of the Seller’s employees, the employees of the group/affiliated companies to which the Seller belongs, and the knowledge of the asset manager Marcol, shall be imputed to the Seller. Knowledge of the property management shall also be imputed, but only where an incident entails costs or damage in excess of EUR 5,000.00 for the landlord.
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