Notice of Change in Circumstances. Seller shall promptly notify Buyer of any change in any condition with respect to the Property or any portion thereof or of any event or circumstance of which Seller becomes aware subsequent to the date of this Agreement which (a) materially, adversely affects the Property or any portion thereof or the use or operation of the Property or any portion thereof, (b) makes any representation or warranty of Seller to Buyer under this Agreement untrue or misleading, or (c) makes any covenant or agreement of Seller under this Agreement incapable or less likely of being performed, it being expressly understood that Seller's obligation to provide information to Buyer under this Section 9.2 shall in no way relieve Seller of any liability for a breach by Seller of any of its representations, warranties, covenants or agreements under this Agreement.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Matrix Pharmaceutical Inc/De), Purchase and Sale Agreement (Cytrx Corp), Purchase and Sale Agreement (Cytrx Corp)
Notice of Change in Circumstances. Seller shall promptly notify Buyer of any change in any condition with respect to the Property or any portion thereof or of any event or circumstance of which Seller becomes aware has Knowledge subsequent to the date of this Agreement which (ai) materially, adversely affects the Property or any portion thereof or the use or operation of the Property or any portion thereof, (bii) makes any representation or warranty of Seller to Buyer under this Agreement untrue or misleading, or (ciii) makes any covenant or agreement of Seller under this Agreement incapable or less likely of being performed, it being expressly understood that Seller's obligation to provide information to Buyer under this Section 9.2 shall in no way relieve Seller of any liability for a breach by Seller of any of its representations, warranties, covenants or agreements under this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Montgomery Realty Group Inc)
Notice of Change in Circumstances. Seller shall promptly notify Buyer of any change in any condition with respect to the Property all or any portion thereof of the Property or of any event or circumstance of which Seller becomes aware has Knowledge subsequent to the date of this Agreement which that (a) materially, adversely affects the Property or any portion thereof or the use or operation of the Property or any portion thereof, (b) makes any representation or warranty of Seller to Buyer under this Agreement untrue or misleading, or (c) makes any covenant or agreement of Seller under this Agreement incapable or less likely of being performed, it being expressly understood that Seller's obligation to provide information to Buyer under this Section 9.2 shall in no way relieve Seller of any liability for a breach by Seller of any of its representations, warranties, covenants or agreements under this Agreement.
Appears in 1 contract
Notice of Change in Circumstances. Seller shall promptly notify Buyer of any change not expressly contemplated by this Agreement in any condition with respect to the Property or any portion thereof or of any event or circumstance of which Seller becomes aware subsequent to obtains actual knowledge after the date of this Agreement Effective Date which (ai) materially, adversely affects the Property or any portion thereof or the use or operation of the Property or any portion thereof, (bii) makes any representation or warranty of Seller to Buyer under this Agreement untrue or misleading, or (ciii) makes any covenant or agreement of Seller under this Agreement incapable or less likely of being performed, it being expressly understood that Seller's ’s obligation to provide information to Buyer under this Section 9.2 shall in no way relieve Seller of any liability for a breach by Seller of any of its representations, warranties, covenants or agreements under this Agreement.
Appears in 1 contract
Samples: Purchase Agreement