Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all provisions, conditions, covenants, restrictions, obligations and agreements contained herein are made for the direct, mutual and reciprocal benefit of each and every part of the Property; shall be binding upon and shall inure to the benefit of each of the Tenants in Common and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees and all other persons acquiring any undivided interest in the Property or any portion thereof whether by operation of law or any manner whatsoever (collectively, “Successors”); shall create mutual, equitable servitudes and burdens upon the undivided interest in the Property of each Tenant in Common in favor of the interest of every other Tenant in Common; shall create reciprocal rights and obligations between the respective Tenants in Common, their interests in the Property, and their Successors; and shall, as to each of the Tenants in Common and their Successors operate as covenants running with the land, for the benefit of the other Tenants in Common pursuant to applicable law. Except as otherwise provided herein it is expressly agreed that each covenant contained herein (i) is for the benefit of and is a burden upon the undivided interests in the Property of each of the Tenants in Common, (ii) runs with the undivided interest in the Property of each Tenant in Common and (iii) benefits and is binding upon each Successor owner during its ownership of any undivided interest in the Property, and each owner having any interest therein derived in any manner through any Tenant in Common or Successor. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right and limitation contained herein, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement is contained in the instrument conveying such interest in the Property to such person or entity. The Tenants in Common agree that, subject to the restrictions on transfer contained herein, any Successor shall become a party to this Agreement upon acquisition of an undivided interest in the Property as if such person was a Tenant in Common initially executing this Agreement.
Appears in 4 contracts
Samples: Tenants in Common Agreement (Medalist Diversified REIT, Inc.), Tenants in Common Agreement (Medalist Diversified REIT, Inc.), Tenants in Common Agreement (Medalist Diversified REIT, Inc.)
Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all All provisions, conditions, covenants, restrictions, obligations and agreements contained herein or in the Management Agreement are made for the direct, mutual and reciprocal benefit of each and every part of the PropertyProject; shall be binding upon and shall inure to the benefit of each of the Tenants in Common and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees and all other persons acquiring any undivided interest in the Property Project or any portion thereof whether by operation of law or any manner whatsoever (collectively, “"Successors”"); shall create mutual, equitable servitudes and burdens upon the undivided interest in the Property Project of each Tenant in Common in favor of the interest of every other Tenant in Common; shall create reciprocal rights and obligations between the respective Tenants in Common, their interests in the PropertyProject, and their Successors; and shall, as to each of the Tenants in Common and their Successors operate as covenants running with the land, for the benefit of the other Tenants in Common pursuant to applicable law. Except as otherwise provided herein it It is expressly agreed that each covenant contained herein or in the Management Agreement (i) is for the benefit of and is a burden upon the undivided interests in the Property Project of each of the Tenants in Common, (ii) runs with the undivided interest in the Property Project of each Tenant in Common and (iii) benefits and is binding upon each Successor owner during its ownership of any undivided interest in the PropertyProject, and each owner having any interest therein derived in any manner through any Tenant in Common or Successor. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property Project is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right and limitation contained hereinherein or in the Management Agreement, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement or the Management Agreement is contained in the instrument conveying such interest in the Property Project to such person or entity. The Tenants in Common agree that, subject to the restrictions on transfer contained herein, that any Successor shall become a party to this Agreement and the Management Agreement upon acquisition of an undivided interest in the Property Project as if such person was a Tenant in Common initially executing this Agreement.
Appears in 3 contracts
Samples: Tenants in Common Agreement (Behringer Harvard Reit I Inc), Tenants in Common Agreement (Behringer Harvard Reit I Inc), Tenants in Common Agreement (Behringer Harvard Reit I Inc)
Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all All provisions, conditions, covenants, restrictions, obligations and agreements contained herein or in the Property Management Agreement are made for the direct, mutual and reciprocal benefit of each and every part of the Property; shall be binding upon and shall inure to the benefit of each of the Tenants in Common and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees and all other persons acquiring any undivided interest in the Property or any portion thereof whether by operation of law or any manner whatsoever (collectively, “"Successors”"); shall create mutual, equitable servitudes and burdens upon the undivided interest in the Property of each Tenant in Common in favor of the interest of every other Tenant in Common; shall create reciprocal rights and obligations between the respective Tenants in Common, their interests in the Property, and their Successors; and shall, as to each of the Tenants in Common and their Successors operate as covenants running with the land, for the benefit of the other Tenants in Common pursuant to applicable law. Except as otherwise provided herein it It is expressly agreed that each covenant contained herein or in the Property Management Agreement (i) is for the benefit of and is a burden upon the undivided interests in the Property of each of the Tenants in Common, (ii) runs with the undivided interest in the Property of each Tenant in Common and (iii) benefits and is binding upon each Successor owner during its ownership of any undivided interest in the Property, and each owner having any interest therein derived in any manner through any Tenant in Common or Successor. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right and limitation contained hereinherein or in the Property Management Agreement, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement or the Property Management Agreement is contained in the instrument conveying such interest in the Property to such person or entity. The Tenants in Common agree that, subject to the restrictions on transfer contained herein, any Successor shall become a party to this Agreement and the Property Management Agreement upon acquisition of an undivided interest in the Property as if such person was a Tenant in Common initially executing this Agreement.
Appears in 2 contracts
Samples: Tenants in Common Agreement (Bluerock Residential Growth REIT, Inc.), Redemption Agreement (Bluerock Residential Growth REIT, Inc.)
Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all All provisions, conditions, covenants, restrictions, obligations and agreements contained herein or in the Property Management Agreement are made for the direct, mutual and reciprocal benefit of each and every part of the Property; shall be binding upon and shall inure to the benefit of each of the Tenants in Common and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees and all other persons acquiring any undivided interest in the Property or any portion thereof whether by operation of law or any manner whatsoever (collectively, “Successors”); shall create mutual, equitable servitudes and burdens upon the undivided interest Interest in the Property of each Tenant in Common in favor of the interest Interest of every other Tenant in Common; shall create reciprocal rights and obligations between the respective Tenants in Common, their interests Interests in the Property, and their Successors; and shall, as to each of the Tenants in Common and their Successors operate as covenants running with the land, for the benefit of the other Tenants in Common pursuant to applicable law. Except as otherwise provided herein it It is expressly agreed that each covenant contained herein or in the Property Management Agreement (i) is for the benefit of and is a burden upon the undivided interests Interests in the Property of each of the Tenants in Common, (ii) runs with the undivided interest Interest in the Property of each Tenant in Common Common, and (iii) benefits and is binding upon each Successor owner during its ownership of any undivided interest Interest in the Property, and each owner having any interest therein derived in any manner through any Tenant in Common or Successor. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right and limitation contained hereinherein or in the Property Management Agreement, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement or the Property Management Agreement is contained in the instrument conveying such interest in the Property to such person or entity. The Tenants in Common agree that, subject to the restrictions on transfer contained herein, any Successor shall become a party to this Agreement and the Property Management Agreement upon acquisition of an undivided interest in the Property as if such person was a Tenant in Common initially executing this Agreement.
Appears in 2 contracts
Samples: Tenants in Common Agreement, Tenants in Common Agreement (Bluerock Residential Growth REIT, Inc.)
Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all All provisions, conditions, covenants, restrictions, obligations and agreements contained herein are made for the direct, mutual and reciprocal benefit of each and every part of the Property; , shall be binding upon and shall inure to the benefit of each of the Tenants in Common Co-Owners, and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees and all other persons acquiring any undivided interest in the Property or any portion thereof whether by operation of law or any manner whatsoever (collectively, “Successors”); shall create mutual, equitable servitudes and burdens upon the undivided interest in the Property of each Tenant in Common Co-Owner in favor of the interest Interest of every other Tenant in CommonCo-Owner; shall create reciprocal rights and obligations between the respective Tenants in CommonCo-Owners, their interests Interests in the Property, and their Successors; and shall, as to each of the Tenants in Common Co-Owners and their Successors operate as covenants running with the land, for the benefit of the other Tenants in Common Co-Owner(s) pursuant to applicable law. Except as otherwise provided herein it It is expressly agreed that each covenant contained herein (i) is for the benefit of and is a burden upon the undivided interests in the Property Interests of each of the Tenants in Common, Co-Owners; (ii) runs with the undivided interest in the Property Interest of each Tenant in Common Co-Owner; and (iii) benefits and is binding upon each Successor owner during its ownership of any undivided interest in the PropertyInterest, and each owner having any interest therein derived in any manner through any Tenant in Common Co-Owner or Successor. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right and limitation contained herein, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement is contained in the instrument conveying such interest in the Property to such person or entity. The Tenants in Common Co-Owners agree that, subject to the restrictions on transfer contained herein, any Successor shall become a party to this Agreement upon acquisition of an undivided interest in the Property as if such person was a Tenant in Common Co-Owner initially executing this Agreement.
Appears in 1 contract
Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all provisions, conditions, covenants, restrictions, obligations and agreements contained herein are made for the direct, mutual and reciprocal benefit of each and every part of the Property; shall be binding upon and shall inure to the benefit of each of the Tenants in Common and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees and all other persons acquiring any undivided interest Interest in the Property or any portion thereof whether by operation of law or any manner whatsoever (collectively, “Successors”); shall create mutual, equitable servitudes and burdens upon the undivided interest Interest in the Property of each Tenant in Common in favor of the interest Interest of every other Tenant in Common; shall create reciprocal rights and obligations between the respective Tenants in Common, their interests Interests in the Property, and their Successors; and shall, as to each of the Tenants in Common and their Successors operate as covenants running with the land, for the benefit of the other Tenants in Common pursuant to applicable law. Except as otherwise provided herein it is expressly agreed that each covenant contained herein (i) is for the benefit of and is a burden upon the undivided interests Interests in the Property of each of the Tenants in Common, (ii) runs with the undivided interest Interest in the Property of each Tenant in Common and (iii) benefits and is binding upon each Successor owner during its ownership of any undivided interest Interest in the Property, and each owner having any interest therein derived in any manner through any Tenant in Common or Successor. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right and limitation contained herein, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement is contained in the instrument conveying such interest in the Property to such person or entity. The Tenants in Common agree that, subject to the restrictions on transfer contained herein, any Successor shall become a party to this Agreement upon acquisition of an undivided interest Interest in the Property as if such person was a Tenant in Common initially executing this Agreement.
Appears in 1 contract
Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all provisions, conditions, covenants, restrictions, obligations and agreements contained herein are made for the direct, mutual and reciprocal benefit of each and every part of the Property; shall be binding upon and shall inure to the benefit of each of the Tenants in Common and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees and all other persons acquiring any undivided interest in the Property or any portion thereof whether by operation of law or any manner whatsoever (collectively, “Successors”); shall create mutual, equitable servitudes and burdens upon the undivided interest in the Property of each Tenant in Common in favor of the interest of every other Tenant in Common; shall create reciprocal rights and obligations between the respective Tenants in Common, their interests in the Property, and their Successors; and shall, as to each of the Tenants in Common and their Successors operate as covenants running with the land, for the benefit of the other Tenants in Common pursuant to applicable law. Except as otherwise provided herein it is expressly agreed that each covenant contained herein (i) is for the benefit of of, and is a burden upon upon, the undivided interests in the Property of each of the Tenants in Common, (ii) runs with the undivided interest in the Property of each Tenant in Common and (iii) benefits and is binding upon each Successor owner during its ownership of any undivided interest in the Property, and each owner having any interest therein derived in any manner through any Tenant in Common or Successor. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right and limitation contained herein, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement is contained in the instrument conveying such interest in the Property to such person or entity. The Tenants in Common agree that, subject to the restrictions on transfer contained herein, any Successor shall become a party to this Agreement upon acquisition of an undivided interest in the Property as if such person was a Tenant in Common initially executing this Agreement.
Appears in 1 contract
Samples: Tenants in Common Agreement (Medalist Diversified REIT, Inc.)
Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all All provisions, conditions, covenants, restrictions, obligations and agreements contained herein are made for the direct, mutual and reciprocal benefit of each and every part of the PropertyProject; shall be binding upon and shall inure to the benefit of each of the Tenants in Common Co-Owners and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees representatives and all other persons acquiring any undivided interest in the Property Project or any portion thereof whether by operation of law or any manner whatsoever (collectively, “Successors”); shall create mutual, equitable servitudes and burdens upon the undivided interest Interest in the Property Project of each Tenant in Common Co-Owner in favor of the interest Interest of every other Tenant in CommonCo-Owner; shall create reciprocal rights and obligations between the respective Tenants in CommonCo-Owners, their interests Interests in the PropertyProject, and their Successors; and shall, as to each of the Tenants in Common Co-Owners and their Successors operate as covenants running with the land, for the benefit of the other Tenants in Common Co-Owners pursuant to applicable law. Except as otherwise provided herein it It is expressly agreed that each covenant contained herein (i) is for the benefit of and is a burden upon the undivided interests Interests in the Property Project of each of the Tenants in CommonCo-Owners, (ii) runs with the undivided interest Interest in the Property Project of each Tenant in Common Co-Owner, and (iii) benefits and is binding upon each Successor owner during its ownership of any undivided interest Interest in the PropertyProject, and each owner having any interest therein derived in any manner through any Tenant in Common Co-Owner or Successor. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property Project is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right and limitation contained herein, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement is contained in the instrument conveying such interest in the Property Project to such person or entity. The Tenants in Common Co-Owners agree that, subject to the restrictions on transfer contained herein, any Successor shall become a party to this Agreement upon acquisition of an undivided interest in the Property Project as if such person was a Tenant in Common Co-Owner initially executing this Agreement.
Appears in 1 contract
Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all All provisions, conditions, covenants, restrictions, obligations and agreements contained herein or in the Management Agreement are made for the direct, mutual and reciprocal benefit of each and every part of the Property; shall be binding upon and shall inure to the benefit of each of the Tenants in Common and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees and all other persons acquiring any undivided interest in the Property or any portion thereof whether by operation of law or any manner whatsoever (collectively, “"Successors”"); shall create mutual, equitable servitudes and burdens upon the undivided interest in the Property of each Tenant in Common in favor of the interest of every other Tenant in Common; shall create reciprocal rights and obligations between the respective Tenants in Common, their interests in the Property, and their Successors; and shall, as to each of the Tenants in Common and their Successors operate as covenants running with the land, for the benefit of the other Tenants in Common pursuant to applicable law, including, but not limited to, the laws of the State of Florida. Except as otherwise provided herein it It is expressly agreed that each covenant contained herein or in the Management Agreement (ia) is for the benefit of and is a burden upon the undivided interests in the Property of each of the Tenants in Common, (iib) runs with the undivided interest in the Property of each Tenant in Common and (iiic) benefits and is binding upon each Successor owner during its ownership of any undivided interest in the Property, and each owner having any interest therein derived in any manner through any Tenant in Common or Successor. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right and limitation contained hereinherein or in the Management Agreement, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement or the Management Agreement is contained in the instrument conveying such interest in the Property to such person or entity. The Tenants in Common agree that, subject to the restrictions on transfer contained herein, any Successor shall become a party to this Agreement and the Management Agreement upon acquisition of an undivided interest in the Property as if such person was a Tenant in Common initially executing this Agreement.
Appears in 1 contract
Samples: Tenants in Common Agreement (NNN 2002 Value Fund LLC)
Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all All provisions, conditions, covenants, restrictions, obligations and agreements contained herein or in the Management Agreement are made for the direct, mutual and reciprocal benefit of each and every part of the Property; shall be binding upon and shall inure to the benefit of each of the Tenants in Common and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees and all other persons acquiring any undivided interest in the Property or any portion thereof whether by operation of law or any manner whatsoever (collectively, “"Successors”"); shall create mutual, equitable servitudes and burdens upon the undivided interest in the Property of each Tenant in Common in favor of the interest of every other Tenant in Common; shall create reciprocal rights and obligations between the respective Tenants in Common, their interests in the Property, and their Successors; and shall, as to each of the Tenants in Common and their Successors operate as covenants running with the land, for the benefit of the other Tenants in Common pursuant to applicable law, including, but not limited to, the laws of the State of Illinois. Except as otherwise provided herein it It is expressly agreed that each covenant contained herein or in the Management Agreement (ia) is for the benefit of and is a burden upon the undivided interests in the Property of each of the Tenants in Common, (iib) runs with the undivided interest in the Property of each Tenant in Common and (iiic) benefits and is binding upon each Successor owner during its ownership of any undivided interest in the Property, and each owner having any interest therein derived in any manner through any Tenant in Common or Successor. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right and limitation contained hereinherein or in the Management Agreement, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement or the Management Agreement is contained in the instrument conveying such interest in the Property to such person or entity. The Tenants in Common agree that, subject to the restrictions on transfer contained herein, any Successor shall become a party to this Agreement and the Management Agreement upon acquisition of an undivided interest in the Property as if such person was a Tenant in Common initially executing this Agreement.
Appears in 1 contract
Samples: Tenants in Common Agreement (NNN 2002 Value Fund LLC)
Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all All provisions, conditions, covenants, restrictions, obligations obligations, and agreements contained herein are made for the direct, mutual mutual, and reciprocal benefit of each and every part of the Property; shall be binding upon and shall inure to the benefit of each of the Tenants in Common and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees lessees, and all other persons acquiring any undivided interest in the Property or any portion thereof whether by operation of law or any manner whatsoever (collectively, “Successors”); shall create mutual, equitable servitudes and burdens upon the undivided interest in the Property of each Tenant in Common in favor of the interest of every other Tenant in Common; shall create reciprocal rights and obligations between the respective Tenants in Common, their interests in the Property, and their Successors; and shall, as to each of the Tenants in Common and their Successors Successors, operate as covenants running with the land, for the benefit of the other Tenants Tenant in Common pursuant to applicable law. Except as otherwise provided herein it It is expressly agreed that each covenant contained herein herein: (ia) is for the benefit of and is a burden upon the undivided interests in the Property of each of the Tenants in Common, ; (iib) runs with the undivided interest in the Property of each Tenant in Common Common; and (iiic) benefits and is binding upon each Successor owner during its ownership of any undivided interest in the Property, and each owner having any interest therein derived in any manner through any Tenant in Common or Successor. Every person or entity who now or hereafter owns or acquires any right, title title, or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right right, and limitation contained herein, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement is contained in the instrument conveying such interest in the Property to such person or entity. The Tenants in Common agree that, subject to the restrictions on transfer contained hereinterms and conditions of this Agreement, any Successor shall become a party to this Agreement upon acquisition of an undivided interest in the Property as if such person was a Tenant in Common initially executing this Agreement.
Appears in 1 contract
Samples: Tenants in Common Agreement (Generation Income Properties, Inc.)
Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all All provisions, conditions, covenants, restrictions, obligations and agreements contained herein or in the Management Agreement are made for the direct, mutual and reciprocal benefit of each and every part of the PropertyProject; shall be binding upon and shall inure to the benefit of each of the Tenants in Common and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees and all other persons acquiring any undivided interest in the Property Interest or any portion thereof whether by operation of law or any manner whatsoever (collectively, “"Successors”"); shall create mutual, equitable servitudes and burdens upon the undivided interest in the Property Interest of each Tenant in Common in favor of the interest Interest of every other Tenant in Common; shall create reciprocal rights and obligations between the respective Tenants in Common, their interests in the PropertyInterests, and their Successors; and shall, as to each of the Tenants in Common and their Successors operate as covenants running with the land, for the benefit of the other Tenants in Common pursuant to applicable law. Except as otherwise provided herein it It is expressly agreed that each covenant contained herein or in the Management Agreement (i) is for the benefit of and is a burden upon the undivided interests in the Property Interests of each of the Tenants in Common, (ii) runs with the undivided interest in the Property Interest of each Tenant in Common and (iii) benefits and is binding upon each Successor owner during its ownership of any undivided interest in the PropertyInterest, and each owner having any interest therein derived in any manner through any Tenant in Common or Successor. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property Project is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right and limitation contained hereinherein or in the Management Agreement, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement or the Management Agreement is contained in the instrument conveying such interest in the Property Project to such person or entity. The Tenants in Common agree that, subject to the restrictions on transfer contained herein, that any Successor shall become a party to this Agreement and the Management Agreement upon acquisition of an undivided interest in the Property Interest as if such person was a Tenant in Common initially executing this Agreement.
Appears in 1 contract
Samples: Tenants in Common Agreement (Behringer Harvard Reit I Inc)
Mutuality; Reciprocity; Runs With the Land. Except as otherwise provided herein all All provisions, conditions, covenants, restrictions, obligations and agreements contained herein or in the Property Management Agreement are made for the direct, mutual and reciprocal benefit of each and every part of the Property; shall be binding upon and shall inure to the benefit of each of the Tenants in Common and their respective heirs, executors, administrators, successors, assigns, devisees, representatives, lessees and all other persons acquiring any undivided interest in the Property or any portion thereof whether by operation of law or any manner whatsoever (collectively, “Successors”); shall create mutual, equitable servitudes and burdens upon the undivided interest in the Property of each Tenant in Common in favor of the interest of every other Tenant in Common; shall create reciprocal rights and obligations between the respective Tenants in Common, their interests in the Property, and their Successors; and shall, as to each of the Tenants in Common and their Successors operate as covenants running with the land, for the benefit of the other Tenants in Common pursuant to applicable law. Except as otherwise provided herein it It is expressly agreed that each covenant contained herein herein, in the Property Management Agreement and in the Call Agreement between the Tenants in Common (the “Call Agreement”) (i) is for the benefit of and is a burden upon the undivided interests in the Property of each of the Tenants in Common, (ii) runs with the undivided interest in the Property of each Tenant in Common and (iii) benefits and is binding upon each Successor owner during its ownership of any undivided interest in the Property, and each owner having any interest therein derived in any manner through any Tenant in Common or Successor. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, right and limitation contained herein, in the Call Agreement or in the Property Management Agreement, whether or not such person or entity expressly assumes such obligations or whether or not any reference to this Agreement or the Property Management Agreement is contained in the instrument conveying such interest in the Property to such person or entity. The Tenants in Common agree that, subject to the restrictions on transfer contained herein, any Successor shall become a party to this Agreement, the Call Agreement and the Property Management Agreement upon acquisition of an undivided interest in the Property as if such person was a Tenant in Common initially executing this Agreement. Binding Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Xxxxxxxxxx County, Maryland, before a sole arbitrator, in accordance with the laws of the State of Maryland for agreements made in and to be performed in that State. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. The arbitrator shall, in the Award, allocate all of the costs of the arbitration (and the mediation, if applicable), including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail.
Appears in 1 contract
Samples: Tenants in Common Agreement