Non-Material Condemnation. In the event that prior to the Close of Escrow, any non-material portion of the Real Property is subject to a taking by any public or governmental authority, Buyer shall accept the Real Property in its then condition and proceed with the consummation of the transaction contemplated by this Agreement, in which event Buyer shall be entitled to an assignment of all of Seller's rights to any award or proceeds payable in connection with such taking. In the event of any such non-material taking, Seller shall not compromise, settle or adjust any claims to such award without Buyer's prior written consent.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Flexsteel Industries Inc), Purchase and Sale Agreement (NetApp, Inc.)
Non-Material Condemnation. In the event that prior to the Close of Escrow, any non-material portion of the Real Property is subject to a taking by any public or governmental authority, Buyer shall accept the Real Property in its then condition and proceed with the consummation of the transaction contemplated by this Agreement, in which event Buyer shall be entitled to an assignment of all of Seller's ’s rights to any award or proceeds payable in connection with such taking. In the event of any such non-material taking, Seller shall not compromise, settle or adjust any claims to such award without Buyer's ’s prior written consent.
Appears in 2 contracts
Samples: Agreement of Purchase and Sale (Terreno Realty Corp), Purchase and Sale Agreement (Griffin Capital Net Lease REIT, Inc.)
Non-Material Condemnation. In If before the event that prior to the Close of EscrowClosing, any non-material portion of the Real Property is subject to a taking by any public or governmental authority, then Buyer shall accept the Real Property in its then condition and proceed with the consummation of the transaction contemplated by this Agreement, in which event Buyer shall be entitled to an assignment of all of Seller's ’s rights to any award or proceeds payable in connection with such taking. In the event of Upon any such non-material taking, Seller shall not compromise, settle or adjust any claims to such award without Buyer's ’s prior written consent.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Invesco Real Estate Income Trust Inc.)
Non-Material Condemnation. In the event that prior to the Close of Escrow, any non-material portion of the Real Property is subject to, or threatened to be subject to, a taking by any public or governmental authority, Buyer shall accept the Real Property in its then condition and proceed with the consummation of the transaction contemplated by this Agreement, in which event Buyer shall be entitled to an assignment of all of Seller's ’s rights to any award or proceeds payable in connection with such taking. In the event of any such non-material taking, Seller shall not compromise, settle or adjust any claims to such award without Buyer's Xxxxx’s prior written consent.
Appears in 1 contract
Samples: Purchase and Sale Agreement (EQT Exeter Real Estate Income Trust, Inc.)
Non-Material Condemnation. In the event that prior to the Close of Escrow, any non-material portion of the Real Property is subject to a taking by any public or governmental authority, Buyer shall accept the Real Property in its then condition and proceed with the consummation of the transaction contemplated by this Agreement, in which event Buyer shall be entitled to an a full assignment of all of Seller's rights to any award or proceeds payable in connection with such taking. In the event of any such non-material taking, Seller shall not compromise, settle or adjust any claims to such award without Buyer's prior written consent.
Appears in 1 contract
Non-Material Condemnation. In the event that prior to the Close of Escrow, any non-material portion of the Real Property is subject to a taking by any public or governmental authority, Buyer shall accept the Real Property in its then condition and proceed with the consummation of the transaction contemplated by this Agreement, in which event Buyer shall be entitled to an assignment of all of Seller's rights to any award or proceeds payable in connection with such taking. In the event of any such non-material taking, Seller shall not compromise, settle or adjust any claims to such award without BuyerXxxxx's prior written consent.
Appears in 1 contract
Samples: Purchase and Sale Agreement (American Assets Trust, L.P.)