Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 30 contracts
Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 23 contracts
Samples: Equity Distribution Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VIIVII hereof, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 hereof and for the Company’s obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VIII and Article IX hereof shall survive termination of this Agreement without limitation.
Appears in 9 contracts
Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the CompanyEQR’s obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 8 contracts
Samples: Sales Agency Financing Agreement, Sales Agency Financing Agreement (Erp Operating LTD Partnership), Sales Agency Financing Agreement (Erp Operating LTD Partnership)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VII, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 7 contracts
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Notices, and ; provided further that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 7 contracts
Samples: Sales Agency Financing Agreement, Sales Agency Financing Agreement (Boston Properties Inc), Sales Agency Financing Agreement (Boston Properties Inc)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Notices; and provided, and provided further further, that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 6 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (Developers Diversified Realty Corp)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s, Sales Agent’s, the Forward Seller’s and the Forward Purchaser’s respective obligations in respect of all prior Issuance Transaction Notices, and provided further that in any case the provisions of Article VI, Article VII, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 6 contracts
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.), Sales Agency Financing Agreement (Avalonbay Communities Inc)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 herein and for the CompanyEQR’s obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 5 contracts
Samples: Sales Agency Financing Agreement (Erp Operating LTD Partnership), Sales Agency Financing Agreement (Erp Operating LTD Partnership), Sales Agency Financing Agreement (Erp Operating LTD Partnership)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VIIVII hereof, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 hereof and for the Company’s 's obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VIII and Article IX hereof shall survive termination of this Agreement without limitation.
Appears in 4 contracts
Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s 's obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 4 contracts
Samples: Sales Agency Agreement (Idaho Power Co), Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Agreement (Idacorp Inc)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s, BNYMCM’s and the Forward Seller’s respective obligations in respect of all prior Issuance Transaction Notices; and provided, and provided further further, that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 3 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s, the Sales Agent’s and the Forward Seller’s respective obligations in respect of all prior Issuance Transaction Notices; and provided, and provided further further, that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 3 contracts
Samples: Sales Agency Financing Agreement (SITE Centers Corp.), Sales Agency Financing Agreement (SITE Centers Corp.), Sales Agency Financing Agreement (SITE Centers Corp.)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII7, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s, BNYMCM’s and the Forward Seller’s respective obligations in respect of all prior Issuance Transaction Notices, and provided further that in any case the provisions of Article VI6, Article VIII 8 and Article IX 9 shall survive termination of this Agreement without limitation.
Appears in 3 contracts
Samples: Sales Agency Financing Agreement, Sales Agency Financing Agreement (Westar Energy Inc /Ks), Sales Agency Financing Agreement (Westar Energy Inc /Ks)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s, KBCM’s and the Forward Seller’s respective obligations in respect of all prior Issuance Transaction Notices; and provided, and provided further further, that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 3 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Placement Notices, and ; provided further that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 2 contracts
Samples: Boston Properties LTD Partnership, Boston Properties LTD Partnership
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s, SCUSA’s and the Forward Seller’s respective obligations in respect of all prior Issuance Transaction Notices; and provided, and provided further further, that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Notices; provided, and provided further that that, in any case case, the provisions of Article VI, Article VIII VI and Article IX shall survive termination of this Agreement without limitation.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (ITC Holdings Corp.), Sales Agency Financing Agreement (ITC Holdings Corp.)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, this Section 7.04, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VIIVII hereof, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VIII and Article IX hereof shall survive termination of this Agreement without limitation.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII7, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI6, Article VIII 8 and Article IX 9 shall survive termination of this Agreement without limitation.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (Westar Energy Inc /Ks), Sales Agency Financing Agreement (Westar Energy Inc /Ks)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s ’s, Sales Agents’, Forward Sellers’ and Forward Purchasers’ obligations in respect of all prior Issuance Transaction Notices, and provided further provided, further, that in any case the provisions of Article VI, this Section 7.04, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VIIIX, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 11.02 and for the Company’s and the Selling Shareholders’ obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VISection 2.04, Article VIII VIII, Article X and Article IX XI shall survive termination of this Agreement without limitation.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Diana Shipping Inc.)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article Section VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Southwest Gas Corp)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VII, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s 's obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc)
Liability; Provisions that Survive Termination. If this Agreement is terminated pursuant to this Article VIISection 7, such termination shall be without liability of any party hereto to any other party hereto except as provided in Section 9.02 and for the Company’s obligations in respect of all prior Issuance Notices, and provided further that in any case the provisions of Article VI, Article VIII and Article IX shall survive termination of this Agreement without limitation.Agreement
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (New Plan Excel Realty Trust Inc)