No Liability for Known Facts. Neither party shall have any ---------------------------- liability in connection with this Agreement by reason of an inaccuracy of a representation or warranty, if and to the extent that such inaccuracy is in fact known by the other party at the time of the Closing and such other party elects, nevertheless, to consummate the Transaction.
Appears in 2 contracts
Samples: Contribution Agreement (Boston Properties Inc), Purchase and Sale Agreement (Boston Properties Inc)
No Liability for Known Facts. Neither party shall have any ---------------------------- liability in connection with this Agreement by reason of an inaccuracy of a representation or warranty, if and to the extent that such inaccuracy is in fact actually known by the other party (for the purposes hereof, actual knowledge shall mean the knowledge of individuals involved in the Transaction) at the time of the Closing and such other party would be entitled not to close by virtue of such inaccuracy, but such other party elects, nevertheless, to consummate the Transaction.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Mercury Computer Systems Inc), Purchase and Sale Agreement (Mercury Computer Systems Inc)