No Breach Event. The Company and Manager each acknowledge that (i) each of the Company and GKK Stars has completely satisfied each and every one of its respective obligations under the Settlement Agreement to the date of this Agreement, (ii) no Breach Event has occurred under the Settlement Agreement, and (iii) none of the Company or any affiliate of the Company has any right under the Settlement Agreement to (A) offset any amounts then and thereafter owing to Manager under this Agreement or (B) seek the return from Manager or any affiliate of Manager of any amounts accrued and paid under this Agreement. Manager acknowledges that GKK Stars still has continuing obligations set forth under Section 5.8 of the Settlement Agreement.
Appears in 4 contracts
Samples: Accounting/Construction Services Agreement (KBS Real Estate Investment Trust, Inc.), Asset Management Services Agreement (KBS Real Estate Investment Trust, Inc.), Asset Management Services Agreement (KBS Real Estate Investment Trust, Inc.)
