Merger Provision. Except as otherwise expressly provided herein, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at Closing and shall not survive Closing.
Merger Provision. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, of the parties hereto concerning the subject matter hereof.
Merger Provision. This Agreement (as the same may be amended from time to time) and the Purchase Agreement constitute the entire agreement among the parties pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements therewith.
Merger Provision. This Agreement constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith.
Merger Provision. All prior or contemporaneous agreements, contracts, promises, representations and statements, if any, among the parties hereto as to the subject matter hereof, are merged into this Agreement. This Agreement, together with all agreements, Schedules, Exhibits, documents and other instruments to be attached hereto or delivered herewith sets forth the entire understanding between the parties, and there are no terms, conditions, representations, warranties or covenants other than those contained herein and in such agreements, Schedules, Exhibits, documents and other instruments to be attached hereto or delivered herewith.
Merger Provision. This Agreement (as the same may be amended from time to time) constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements therewith, including without limitation, the Seventh Amended and Restated Stockholders’ Agreement dated as of September 21, 2010, as amended (the “Original Agreement”), among the Corporation and certain stockholders named therein, which Original Agreement is hereby terminated and no longer of any force or effect. By execution of this Agreement, the holders of the Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock, Series F Preferred Stock, Series G Preferred Stock and Series H Preferred Stock hereby waive their rights of first offer and any related notice and/or closing requirements (including without limitation the timing of such closing) required under Section 2 of the Original Agreement with respect to the issuance and sale of the Series I Preferred Stock and the Series J Preferred Stock.
Merger Provision. All understandings and agreements heretofore had between the parties hereto with respect to the subject matter of this Agreement, whether oral or written, are merged in this Agreement, the Condominium Documents, the Lease and any other documents attached to any of the foregoing documents, which alone completely express their agreement, and this Agreement is entered into after full investigation, neither party relying upon any statement or representation made by the other not embodied in this Agreement, the Condominium Documents, the Lease and any other documents attached to any of the foregoing documents. Purchaser expressly acknowledges that Seller has neither undertaken nor has any duty of disclosure to Purchaser with respect to the Property or anything related thereto or to this transaction. The provisions of this Article 14 shall survive the termination of this Agreement and/or the Closing.
Merger Provision. This Agreement, along with the Purchase Agreement of even date herewith, including all exhibits and schedules thereto, constitute the entire agreement among the parties hereto pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, of any of the parties hereto concerning the subject matter hereof.
Merger Provision. Except as otherwise expressly provided herein, any and all rights of action of Purchaser and Seller for any breach by Seller and Purchaser, respectively, of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at the Closing and shall not survive the Closing. Notwithstanding anything contained herein to the contrary, all other provisions of this Agreement which are intended by their terms to survive the Close of Escrow or a termination of this Agreement shall survive the Close of Escrow or a termination of this Agreement, including without limitation, Sections 5.4, 7, 12, 15 and 18.1.
Merger Provision. Except as expressly set forth herein, any and all rights of action of a party for any breach by the other party of any representation, warranty or covenant contained in this Agreement shall merge with the Grant Deed and other instruments executed at Closing, shall terminate at the Closing and shall not survive the Closing. Notwithstanding anything contained herein to the contrary, the following provisions of this Agreement shall not merge with the Grant Deed and shall survive the Close of Escrow or a termination of this Agreement for the term set forth in such provisions: Sections 4.B, 8, 9, 12, 13, 14, 17, 29, 30, 39, 42, 43, 45 and 46.
