No Lawsuits. There are no claims, lawsuits or proceedings pending, or to Seller’ knowledge, threatened against or relating to the Property in any court or before any governmental agency, except for actions for possession, damages and or rent, if any, against defaulted tenants as disclosed by Seller. Notwithstanding anything in this Agreement to the contrary, the filing or threatened filing of any claim, lawsuit or proceeding described in this Section 9.1(j) after the effective date of this Agreement shall not be deemed to be a breach of this Section so long as (i) Seller promptly notifies Buyer of such matter, and (ii) such proceeding is either a claim covered by any Seller’ insurance or a claim against Buyer for which Seller agrees to indemnify Buyer.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.)
No Lawsuits. There are no claims, lawsuits or proceedings pending, or to Seller’ knowledge, threatened against or relating to the Property in any court or before any governmental agency, except for actions for possession, damages and or rent, if any, against defaulted tenants as disclosed by Seller. Notwithstanding anything in this Agreement to the contrary, the filing or threatened filing of any claim, lawsuit or proceeding described in this [Section 9.1(j) ] after the effective date of this Agreement shall not be deemed to be a breach of this Section so long as (i) Seller promptly notifies Buyer of such mattermatter pursuant to [Section ] hereof, and (ii) such proceeding is either a claim covered by any Seller’ insurance or a claim against Buyer for which Seller agrees to indemnify Buyer.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.)
