No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith and (b) to indemnify Seller against all costs, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, incurred by Seller by reason of the filing by Buyer of such notice of pendency or other instrument.
Appears in 9 contracts
Samples: Purchase and Sale Agreement (CBL & Associates Properties Inc), Purchase and Sale Agreement (CBL & Associates Properties Inc), Purchase and Sale Agreement (Prudential Realty Acquisition Fund Ii Lp)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and recorded. For the avoidance of doubt, Buyer agrees (a) not to may file any a notice of pendency or other similar instrument (other than a judgment) against the Property or any portion thereof in connection herewith and (b) to indemnify Seller against all costs, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, incurred by Seller by reason of the filing by Buyer of such notice of pendency or other instrumentwith an action for specific performance hereunder.
Appears in 7 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (Vici Properties Inc.)
No Recordation. Seller and Buyer Purchaser each agrees that neither this Agreement nor any memorandum memorandum, short form agreement or notice hereof shall be recorded recorded, and Buyer Purchaser further agrees (a) not to file any notice of pendency pendency, lis pendens or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith thereof, and (b) to be responsible for and to indemnify Seller against all costsLiabilities (including reasonable attorneys’ fees, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, ) incurred by Seller by reason of the filing by Buyer Purchaser of any such notice of pendency pendency, lis pendens or other instrument.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Preferred Apartment Communities Inc), Purchase and Sale Agreement (Preferred Apartment Communities Inc), Purchase and Sale Agreement (Highwoods Realty LTD Partnership)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the any Property or any portion thereof Properties in connection herewith and (b) to indemnify Seller against all costsLiabilities (including reasonable attorneys’ fees, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, ) incurred by Seller by reason of the filing by Buyer of such notice of pendency or other instrument.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.), Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded recorded, and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith and (b) to indemnify Seller against all costs, expenses and damagesLiabilities, including, without limitation, reasonable attorneys' fees and disbursementsexpenses, incurred by Seller by reason of the filing by Buyer of such notice of pendency or other instrument.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Pennsylvania Real Estate Investment Trust), Purchase and Sale Agreement (Pennsylvania Real Estate Investment Trust)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded recorded, and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith and (b) to indemnify Seller against all costs, expenses and damagesLiabilities, including, without limitation, reasonable attorneys' ’ fees and disbursementsexpenses, incurred by Seller by reason of the filing by Buyer of such notice of pendency or other instrument.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (NTS Realty Holdings Lp), Purchase and Sale Agreement (NTS Realty Holdings Lp)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith and (b) to indemnify Seller against all costs, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, incurred by Seller by reason of the filing by Buyer of such notice of pendency or other instrument.and
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Prudential Bache Watson & Taylor LTD 2), Purchase and Sale Agreement (Prudential Bache Watson & Taylor LTD 2)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded recorded, and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith and (b) to indemnify Seller against all costs, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, Losses incurred by Seller by reason of the filing by Buyer of such notice of pendency or other instrument.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Umh Properties, Inc.), Purchase and Sale Agreement (Umh Properties, Inc.)
No Recordation. Each Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the any Property or any portion thereof in connection herewith in any public records, and (b) to indemnify Seller Sellers against all costsLiabilities (including reasonable attorneys’ fees, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, ) incurred by any Seller by reason of the filing by Buyer of such notice of pendency or other instrument.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Altisource Residential Corp)
No Recordation. Seller and Buyer Purchaser each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded recorded, and Buyer Purchaser further agrees (a) not to file any notice of pendency pendency, lis pendens or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith thereof, and (b) to be responsible for and to indemnify Seller against all costsLiabilities (including reasonable attorneys’ fees, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, ) incurred by Seller by reason of the filing by Buyer Purchaser of any such notice of pendency pendency, lis pendens or other instrument.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Opportunity REIT II, Inc.)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith (except in the event Buyer commences an action for specific performance of Seller's obligations hereunder) and (b) to indemnify Seller against all costs, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, incurred by Seller by reason of the filing by Buyer of such notice of pendency or other instrumentinstrument not permitted hereunder.
Appears in 1 contract
No Recordation. Seller Sellers and Buyer each agrees agree that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the applicable Seller’s Individual Property or any portion thereof in connection herewith herewith, and (b) to indemnify each Seller against all costs, expenses and damages, including, without limitation, reasonable attorneys' ’ fees and disbursements, incurred by such Seller by reason of the filing a breach by Buyer of such notice of pendency or other instrumentthis Section 13.11.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Washington Real Estate Investment Trust)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith and (b) to indemnify Seller against all costs, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, incurred by Seller by reason of the filing by Buyer of such this Agreement or memorandum or notice. Notwithstanding the foregoing, a notice of pendency or other instrumentsettlement may be recorded.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Mack Cali Realty Corp)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the any Property or any portion thereof in connection herewith in any public records, and (b) to indemnify Seller against all costsLiabilities (including reasonable attorneys’ fees, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, ) incurred by Seller by reason of the filing by Buyer of such notice of pendency or other instrument.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Altisource Residential Corp)
No Recordation. Seller Each of Seller, Purchaser and Buyer General Partner each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer each of Purchaser and General Partner agrees (a) not to file any notice of pendency or other instrument (other than a judgmentjudgment or lis pendens filed in connection with enforcement of its rights hereunder) against any of the Property or any portion thereof in connection herewith and (b) to indemnify Seller against all costs, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, incurred by Seller by reason of the filing by Buyer it of such notice of pendency or other instrumentinstrument in violation hereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement (General Growth Properties Inc)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against any Property, the Property Membership Interests or any portion thereof in connection herewith in any public records, and (b) to indemnify Seller against all costsLiabilities (including reasonable attorneys’ fees, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, ) incurred by Seller by reason of the filing by Buyer of such notice of pendency or other instrument.
Appears in 1 contract
Samples: Membership Interest Purchase and Sale Agreement (Altisource Residential Corp)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith and (b) to indemnify Seller against all costs, expenses and damages, including, without limitation, reasonable attorneys' ’ fees and disbursements, incurred by Seller by reason of the filing by Buyer of such notice of pendency or other instrument.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Omni Financial Services, Inc.)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded recorded, unless required by law, and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith unless Seller has willfully failed or refused to close hereunder and (b) to indemnify Seller against all costs, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, incurred by Seller by reason of the any unpermitted filing by Buyer of such notice of pendency or other instrument.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Mack Cali Realty Corp)
No Recordation. Seller Sellers and Buyer Purchaser each agrees agree that neither this Agreement nor any memorandum or notice hereof shall be recorded recorded, and, except to the extent required in order for Purchaser to maintain or pursue a suit for specific performance in accordance with and Buyer pursuant to the provisions of this Agreement, Purchaser agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith thereof, and (b) to indemnify Seller Sellers against all costs, expenses and damages, including, without limitation, liabilities (including reasonable attorneys' ’ fees and disbursements, ) incurred by Seller Sellers by reason of the filing by Buyer Purchaser of such notice of pendency or other instrument.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Opportunity REIT I, Inc.)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith herewith, and (b) to indemnify Seller against all costsLiabilities (including reasonable attorneys’ fees, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, ) incurred by Seller by reason of the filing by Buyer of any such notice of pendency or other instrument.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Blackstone Real Estate Income Trust, Inc.)
No Recordation. Seller and Buyer each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith and (b) to indemnify Seller against all costs, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, incurred by Seller by reason of the filing by Buyer of such notice of pendency or other instrument.and
Appears in 1 contract
Samples: Purchase and Sale Agreement (Prudential Acquisition Fund I Lp)
No Recordation. Seller and Buyer each agrees agree that neither this Agreement nor any memorandum or notice hereof shall be recorded and Buyer agrees (a) not to file any notice of pendency or other instrument (other than a judgment) against the Property or any portion thereof in connection herewith and (b) herewith. Notwithstanding the foregoing, if the same is permitted pursuant to indemnify Seller against all costsapplicable Laws, expenses and damages, including, without limitation, reasonable attorneys' fees and disbursements, incurred Buyer shall be entitled to record a notice of lis pendens if Buyer is seeking specific performance of this Agreement by Seller by reason in accordance with the terms of the filing by Buyer of such notice of pendency or other instrumentSection 13.2 hereof.
Appears in 1 contract