No Contesting Liquidated Damages. As material consideration to each party's agreement to the liquidated damages provisions stated above, each party hereby agrees to waive any and all rights whatsoever to contest the validity of the liquidated damage provisions for any reason whatsoever, including, but not limited to, that such provision was unreasonable under circumstances existing at the time this Agreement was made.
Appears in 6 contracts
Samples: Agreement of Purchase and Sale (Hartman Short Term Income Properties XX, Inc.), Agreement of Purchase and Sale (American Industrial Properties Reit Inc), Agreement of Purchase and Sale and Escrow Instructions (Arden Realty Inc)
No Contesting Liquidated Damages. As material consideration to each party's ’s agreement to the liquidated damages provisions stated above, each party hereby agrees to waive any and all rights whatsoever to contest the validity of the liquidated damage provisions for any reason whatsoever, including, but not limited to, that such provision was unreasonable under circumstances existing at the time this Agreement was made.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Acadia Realty Trust), Agreement of Purchase and Sale and Escrow Instructions (Resource Real Estate Opportunity REIT, Inc.), Agreement of Purchase and Sale (Vmware, Inc.)
No Contesting Liquidated Damages. As material consideration to each party's ’s agreement to the liquidated damages remedies provisions stated above, each party hereby agrees to waive any and all rights whatsoever to contest the amount or validity of the liquidated damage provisions damages provided in Section 11.1(b) for any reason whatsoever, including, but not limited to, any defense against the terms of any such provision based on an allegation that such provision was unreasonable under the circumstances existing at the time this Agreement was made. The agreements and waivers set forth in this Section 11.4 shall survive termination of this Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Steadfast Apartment REIT, Inc.), Purchase and Sale Agreement (Steadfast Apartment REIT, Inc.)
No Contesting Liquidated Damages. As material consideration to each party's Party’s agreement to the liquidated damages provisions stated above, each party Party hereby agrees to waive any and all rights whatsoever to contest the validity of the liquidated damage provisions provision for any reason whatsoever, whatsoever including, but not limited to, that such provision was unreasonable under circumstances existing at the time this Agreement was made.
Appears in 1 contract
No Contesting Liquidated Damages. As material consideration to each party's ’s agreement to the liquidated damages remedies provisions stated above, each party hereby agrees to waive any and all rights whatsoever to contest the validity of any of the liquidated damage provisions waivers and other terms set forth therein for any reason whatsoever, including, but not limited to, any defense against the terms of any such provision based on an allegation that such provision was unreasonable under the circumstances existing at the time this Agreement was made. The agreements and waivers set forth in this Section 11.4 shall survive termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Opportunity REIT II, Inc.)
No Contesting Liquidated Damages. As material consideration to each party's agreement to the liquidated damages provisions stated above, each party hereby agrees to waive any and all rights whatsoever to contest the validity of the liquidated damage damages provisions for any reason whatsoever, including, but not limited to, that such provision was unreasonable under circumstances existing at the time this Agreement was made.
Appears in 1 contract
No Contesting Liquidated Damages. As material consideration to each party's Party’s agreement to the liquidated damages provisions stated above, each party Party hereby agrees to waive any and all rights whatsoever to contest the validity of the liquidated damage provisions for any reason whatsoever, including, but not limited to, that such provision was unreasonable under circumstances existing at the time this Agreement was made.
Appears in 1 contract
Samples: Purchase and Sale Agreement
No Contesting Liquidated Damages. As material consideration to each party's ’s agreement to the liquidated damages provisions stated above, each party of Buyers and Sellers hereby agrees to waive any and all rights whatsoever to contest the validity of the liquidated damage provisions for any reason whatsoever, including, but not limited to, on the grounds that such provision was provisions were unreasonable under circumstances existing at the time this Agreement was made.
Appears in 1 contract
Samples: Agreement of Purchase and Sale and Joint Escrow Instructions
No Contesting Liquidated Damages. As material consideration to each party's ’s agreement to the liquidated damages Liquidated Damages provisions stated above, each party hereby agrees to waive any and all rights whatsoever to contest the validity of the liquidated damage provisions in Sections 11.1, 11.1.1, 11.1.2 and 11.1.3 for any reason whatsoever, including, but not limited to, that any such provision was unreasonable under circumstances existing at the time this Agreement was made.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Mission West Properties Inc)
No Contesting Liquidated Damages. As material consideration to each party's ’s agreement to the liquidated damages provisions stated above, each party of Buyer and Sellers hereby agrees to waive any and all rights whatsoever to contest the validity of the liquidated damage provisions for any reason whatsoever, including, but not limited to, that such provision was unreasonable under circumstances existing at the time this Agreement was made.
Appears in 1 contract
Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (Rexford Industrial Realty, Inc.)
No Contesting Liquidated Damages. As material consideration to each party's ’s agreement to the liquidated damages provisions stated above, each party hereby agrees to waive any and all rights whatsoever to contest the validity of the liquidated damage damages provisions for any reason whatsoever, including, but not limited to, that such provision was unreasonable under circumstances existing at the time this Agreement was made.
Appears in 1 contract
Samples: Agreement of Purchase and Sale and Escrow Instructions (Masimo Corp)
