Liability under Deed. Purchaser agrees that if Purchaser has any right or claim against Seller pursuant to the warranties in the Deed, Purchaser shall exhaust all of its rights and remedies against the Title Company pursuant to the Title Policy prior to bringing any claim or action against Seller in respect of such warranties.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Strategic Hotel Capital Inc), Purchase and Sale Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Liability under Deed. Purchaser agrees that if Purchaser has any right or claim against any Seller pursuant to the warranties in the DeedDeed delivered by such Seller to Purchaser, Purchaser shall exhaust all of its rights and remedies against the Title Company pursuant to the applicable Title Policy prior to bringing any claim or action against such Seller in respect of such warranties. Seller agrees that, with respect to any such right or claim by Purchaser against Seller pursuant to the Deed, the applicable statute of limitations shall be tolled while Purchaser diligently pursues such rights and remedies against the Title Company.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Carey Watermark Investors Inc)
Liability under Deed. Purchaser agrees that if Purchaser has any right or claim against Seller pursuant to the warranties in the DeedDeed delivered by Seller to Purchaser, Purchaser shall exhaust all of its rights and remedies against the Title Company pursuant to the applicable Title Policy prior to bringing any claim or action against Seller in respect of such warranties. Seller agrees that, with respect to any such right or claim by Purchaser against Seller pursuant to the Deed, the applicable statute of limitations shall be tolled while Purchaser diligently pursues such rights and remedies against the Title Company.
Appears in 1 contract
Samples: Purchase and Sale Agreement (DiamondRock Hospitality Co)
Liability under Deed. Purchaser agrees that if Purchaser has any right or claim against Seller pursuant to the warranties in the DeedDeed delivered by Seller to Purchaser, Purchaser shall exhaust all of its rights and remedies against the Title Company pursuant to the Title Policy prior to bringing any claim or action against Seller in respect of such warranties.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Highland Hospitality Corp)
Liability under Deed. Purchaser agrees that if Purchaser has any right or claim against Seller pursuant to the warranties in the DeedDeed delivered by Seller to Purchaser, Purchaser shall exhaust all of first assert its rights and remedies claim against the Title Company pursuant to the Title Policy prior to bringing any claim or action against Seller in respect of such warranties.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Golf Trust of America Inc)
