Common use of Knowledge Defined Clause in Contracts

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's knowledge” shall refer only to the actual knowledge of Xxxx Xxxxxxx, who has been actively involved in the management of Seller's business in respect of the Property. The term “knowledge of Seller” or “to Seller's knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxXxxxx X. Xxxxx, who has been actively involved in the management of Seller's ’s business in respect of the PropertyProperty in the capacity as Director, Capital Markets for Seller, Xxxxxx X. Xxxxxxxx, Senior Vice President-Asset Management for Seller. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “----------------- "knowledge of Seller” or “to Seller's knowledge” " shall refer only to the actual knowledge of Xxxxx Xxxxxxx and Xxxx XxxxxxxXxxxxx, who each of whom has been actively involved in the management of Seller's business in respect of the PropertyProperty as representatives of Xxxxx Capital, Inc., the general partner of Seller. The term “"knowledge of Seller” or “to Seller's knowledge” " shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the individual individuals named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxTxxx Rxxxx MxXxxx, Vice President of Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the Property. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “"knowledge ----------------- of Seller” or “to Seller's knowledge” " shall refer only to the actual knowledge of Xxxxx Xxxxxxx and Xxxx XxxxxxxXxxxxx, who each of whom has been actively involved in the management of Seller's business in respect of the PropertyProperty as representatives of Xxxxx Capital, Inc., an affiliate of Seller. The term “"knowledge of Seller” or “to Seller's knowledge” " shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the individual individuals named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxXxxxx Xxxxx, Vice President, Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on either of the individual individuals named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of either of the individual individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxSxxxxx X. Xxxxxxxx, Senior Vice President of Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxXxxxx Xxxxx, Associate, Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxXxxxx Xxxxxx, who has been actively involved in the management of capacity as Vice President-Capital Markets, for Seller's business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxSxxxx Xxxxxxx and Dxxxx Story, who each of whom has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the individual individuals named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “"knowledge of Seller” " or “"to Seller's knowledge” " shall refer only to the actual knowledge of Xxxx XxxxxxxX. Xxxxxx Xxxxxx, Managing Director of Xxxxx Real Estate Funds as agent for Seller, who has been actively involved in the management of Seller's business in respect of the Property. The term “"knowledge of Seller” " or “"to Seller's knowledge” " shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxXxxxx Xxxxx, who has been actively involved in the management Director of Capital Markets for Seller's business in respect of the Property, and Xxxxxx Xxxx, Director, Asset Management for Seller. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “"knowledge of Seller” " or “"to Seller's knowledge” " shall refer only to the actual knowledge of Xxxx Dxxxx Xxxxxxx, who has been actively involved in the management of Seller's business in respect of the PropertyProperty in the capacity as Vice President, Asset Management, for Seller. The term “"knowledge of Seller” " or “"to Seller's knowledge” " shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, member, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxXxxxxx Xxxxxx, Associate, Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the individual individuals named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of any of the individual individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxXxxxx Xxxxx, asset manager for the Property, who has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxXxxxx Xxxxx, who has been actively involved Director of Capital Markets for Seller, and Xxxxxx Xxxx, Director, Asset Management for Seller. Except as set forth in the management of Seller's business in respect of preceding sentence, the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxXxxxx Xxxxxxxx, Vice President, Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the PropertyProperty for at least the past three (3) years. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's knowledge” shall refer only to the actual knowledge of Xxxx XxxxxxxXxxxxxxx X. Xxxxxx, Senior Vice President, Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the individual individuals named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual individuals named above arising out of any representations or warranties made herein or otherwise.