Common use of Knowledge Defined Clause in Contracts

Knowledge Defined. References to the "knowledge" of Seller shall refer only to the current actual knowledge of the Designated Employees (as hereinafter defined) of Seller, and shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller or any affiliate of Seller, to any property manager, or to any other officer, agent, manager, representative or employee of Seller or any affiliate thereof or to impose upon such Designated Employees any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. As used herein, the term "Designated Employees" shall refer to the following person(s): Jim Hills, Senior Investment Analyst.

Appears in 5 contracts

Samples: Sale Agreement (Meyer Fred Inc), Sale Agreement (Meyer Fred Inc), Sale Agreement (Meyer Fred Inc)

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Knowledge Defined. References to the "knowledge" of Seller shall refer only to the current actual knowledge of the Designated Employees Employee (as hereinafter defined) of SellerLBA Realty, and shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller Seller, or any affiliate of Seller, to any property manager, or to any other officer, agent, manager, representative or employee of Seller or any affiliate thereof or to impose upon such Designated Employees Employee any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. As used herein, the term "Designated Employees" Employee” shall refer to the following person(s): Jim Hills, Senior Investment Analystperson: Xxxxxx X. Xxxxxx.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Industrial Property Trust Inc.), Purchase and Sale Agreement (Industrial Property Trust Inc.), Purchase and Sale Agreement (Industrial Property Trust Inc.)

Knowledge Defined. References to the "knowledge" of Seller shall refer only to the current actual knowledge of the Designated Employees (as hereinafter defined) of Seller, and shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller Seller, or any affiliate of Seller, to any property manager, or to any other officer, agent, manager, representative or employee of Seller or any affiliate thereof or to impose upon such Designated Employees any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. As used herein, the term "Designated Employees" shall refer to the following person(s): Jim Hills, Senior Investment AnalystSeller’s Real Estate Director.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

Knowledge Defined. References to the "knowledge" of Seller shall refer only to the current actual knowledge of the Designated Employees (as hereinafter defined) of Seller, and shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller Seller, or any affiliate of Seller, to any property manager, or to any other officer, agent, manager, representative or employee of Seller Seller, or any affiliate thereof of Seller, or to impose upon such Designated Employees any duty to investigate the matter to which such current actual knowledge, or the absence thereof, pertains. As used herein, the term "Designated Employees" shall refer to the following person(s): Jim Hillspersons: (a) Joseph C. Thomas, Senior Investment AnalystJr., and; (b) Mark Mxxxxxxh, who are the Proxxxxx Xxxxx Manager's principal employees responsible for the management of the Property.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Health & Retirement Properties Trust)

Knowledge Defined. References to the "knowledge" of Seller shall refer only to the current actual knowledge of the Designated Employees (as hereinafter defined) of Seller, and shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller Seller, or any affiliate of Seller, to any property manager, or to any other officer, agent, manager, representative or employee of Seller or any affiliate thereof or to impose upon such Designated Employees any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. As used herein, the term "Designated Employees" shall refer to the following person(s): Jim Hills, Senior Investment AnalystReal Estate Director of Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Knowledge Defined. References to the "knowledge" of Seller shall refer only to the current actual knowledge of the Designated Employees Employee (as hereinafter defined) of Seller, and shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller Seller, or any affiliate of Seller, to any property manager, or to any other officer, agent, manager, representative or employee of Seller or any affiliate thereof or to impose upon such Designated Employees Employee any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. As used herein, the term "Designated Employees" Employee” shall refer to the following person(s): Jim Hills, Senior Investment Analystperson: Xxxxx Xxxxxx.

Appears in 1 contract

Samples: Equipment Purchase Agreement (MMC Energy, Inc.)

Knowledge Defined. References to the "knowledge" of Seller shall refer only to the current actual knowledge of the Designated Employees Employee (as hereinafter defined) of SellerXxxxx Real Estate Funds, and shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller Seller, or any affiliate of Seller, to any property manager, or to any other officer, agent, manager, representative or employee of Seller or any affiliate thereof or to impose upon such Designated Employees Employee any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. As used herein, the term "Designated Employees" Employee” shall refer to the following person(s): Jim HillsXxxx Xxxxxxx, Senior Investment AnalystEast Regional Asset Manager.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Fund Xi L P)

Knowledge Defined. References to the "knowledge" of Seller shall refer only to the current actual knowledge of the Designated Employees Employee (as hereinafter defined) of Seller, and shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller Seller, or any affiliate of Seller, to any property manager, or to any other officer, agent, manager, representative or employee of Seller or any affiliate thereof or to impose upon such Designated Employees Employee any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. As used herein, the term "Designated Employees" Employee” shall refer to the following person(s): Jim Hills, Senior Investment Analystperson: Dxxxx Xxxxxx.

Appears in 1 contract

Samples: Equipment Purchase Agreement (MMC Energy, Inc.)

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Knowledge Defined. References to the "knowledge" of Seller shall refer only to the current actual knowledge of the Designated Employees Employee (as hereinafter defined) of Seller, and shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller Seller, or any affiliate of Seller, to any property manager, or to any other officer, agent, manager, representative or employee of Seller or any affiliate thereof or to impose upon such Designated Employees Employee any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. As used herein, the term "Designated Employees" Employee” shall refer to the following person(s): Jim Hills, Senior Investment Analystperson: Xxxx Xxxxxxx.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Fund Xiii L P)

Knowledge Defined. References to the "knowledge" of Seller shall refer only to the current actual knowledge of the Designated Employees Employee (as hereinafter defined) of SellerLBA Realty, and shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller Seller, or any affiliate of Seller, to any property manager, or to any other officer, agent, manager, representative or employee of Seller or any affiliate thereof or to impose upon such Designated Employees Employee any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. As used herein, the term "Designated Employees" Employee” shall refer to the following person(s): Jim Hillsperson, Senior Investment Analystwhom Seller represents is the most knowledgeable person with respect to the matters covered by Seller’s representations and warranties: Xxx Xxxxxx.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust III, Inc.)

Knowledge Defined. References to the "knowledge" ” or “best knowledge” of Seller or words of similar import shall refer only to the current actual knowledge of the Designated Employees (as hereinafter defined) of Seller, Employee and shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller or any affiliate of Seller, to any property manager, or to any other officer, director, agent, manager, representative or employee of Seller or any affiliate thereof of Seller or to impose upon such Designated Employees Employee any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. As used herein, the term "Designated Employees" shall refer to Xxxx Xxxxx, Seller’s asset manager for the following person(s): Jim HillsProperty, Senior Investment Analystthe employee of Seller with primary responsibility for coordinating the transactions contemplated herein.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Behringer Harvard Reit I Inc)

Knowledge Defined. References to the "knowledge" of Seller shall refer only to the current actual knowledge of the Designated Employees (as hereinafter defined) of Seller, and shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller or any affiliate of Seller, to any property manager, or to any other officer, agent, manager, representative or employee of Seller or any affiliate thereof or to impose upon such Designated Employees any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. As used herein, the term "Designated Employees" shall refer to Xxxxxx XxXxxxxx, who is Seller's internal asset manager with primary internal business responsibility for the following person(s): Jim Hills, Senior Investment Analystoperation of the Property.

Appears in 1 contract

Samples: Sale Agreement (Arden Realty Inc)

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