Common use of Parties Bound; Assignment Clause in Contracts

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, assign its rights under this Agreement in whole or in part with respect to any Property upon the following conditions: (a) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser or (ii) an entity advised by an affiliate of Purchaser’s advisor, Dividend Capital Total Advisors LLC, (b) all of the Xxxxxxx Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) ended, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (e) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) Business Days prior to Closing, (f) the requirements in Section 12.17 are satisfied and (g) such assignment shall in no event delay the Closing.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, assign its rights under this Agreement in whole or in part with respect to any Property upon the following conditions: (a) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser or (ii) an entity advised by an affiliate of Purchaser’s advisor, Dividend Capital Total Advisors LLC, (b) all of the Xxxxxxx Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) ended, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (e) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) Business Days prior to Closing, (f) the requirements in Section 12.17 are satisfied and (g) such assignment shall in no event delay the Closing.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, may assign its rights under this Agreement in whole or in part with respect to any Property upon the following conditions: (a) (i) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser Purchaser, or (ii) an entity advised by an affiliate the assignee of Purchaser’s advisorPurchaser is contractually bound to enter into a lease of the Property with Purchaser at Closing, Dividend Capital Total Advisors LLCand Seller has approved the assignee (such approval not to be unreasonably withheld), (b) all of the Xxxxxxx Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) ended, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (ed) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) Business Days prior to Closing, and (fe) the requirements in Section 12.17 12.16 are satisfied and (g) such assignment shall in no event delay the Closingsatisfied.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, may assign its rights under this Agreement in whole or in part with respect to any Property only upon the following conditions: (a) the assignee of Purchaser must be (i) an affiliate of Purchaser or an entity controlling, controlled by, or under common control with Purchaser or (ii) an entity advised by an affiliate of Purchaser’s advisor, Dividend Capital Total Advisors LLCa “Purchaser Affiliate”), (b) all of the Xxxxxxx Exxxxxx Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) ended, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, and (ed) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) Business Days business days prior to Closing. In addition, Purchaser, at least five (f5) business days prior to the requirements in Section 12.17 are satisfied and (g) Closing, may designate one or more Purchaser Affiliate to take title to one or more of the Properties. Upon any such assignment and/or conveyance of the Property or any portion thereof to the assignee or designee of Purchaser, all disclaimers, waivers, releases, indemnities and other protections afforded Seller by the terms of this Agreement, including, without limitation, those set forth in Article 4 and Article 11, and all covenants, representations, warranties and obligations of Purchaser hereunder, shall in no event delay the Closingapply to and be binding on said assignee.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, may assign its rights under this Agreement in whole or in part with respect to any Property only upon the following conditions: (ai) the assignee of Purchaser must be (i) an affiliate of Purchaser or an entity controlling, controlled by, or under common control with Purchaser or Purchaser, (ii) an entity advised by an affiliate of Purchaser’s advisor, Dividend Capital Total Advisors LLC, (b) all of the Xxxxxxx Money must have been delivered in accordance herewith, (ciii) the Inspection Period shall have (or be deemed to have) have ended, ; (div) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, and (ev) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) Business Days business days prior to Closing, (f) the requirements in Section 12.17 are satisfied and (g) . No such assignment shall relieve Purchaser of any of its obligations under this Agreement. Upon any such assignment and/or conveyance of the Property or any portion thereof to the assignee of Purchaser, all disclaimers, waivers, releases, indemnities and other protections afforded Seller by the terms of this Agreement, including, without limitation, those set forth in no event delay the ClosingArticle 4 and Article 11, and all covenants, representations, warranties and obligations of Purchaser hereunder, shall apply to and be binding on Purchaser and said assignee.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, assign its rights under this Agreement in whole or in part with respect to any Property upon the following conditions: (a) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser or (ii) an entity advised by an affiliate of Purchaser’s advisor, Dividend Capital Total Advisors LLC, (b) all of the Xxxxxxx Money must have been delivered in accordance herewithIntentionally Deleted, (c) the Inspection Period shall have (or be deemed to have) endedIntentionally Deleted, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (e) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) Business Days prior to Closing, (f) the requirements in Section 12.17 are satisfied and (g) such assignment shall in no event delay the Closing.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, may assign its rights under this Agreement in whole or in part with respect to any Property Agreement, without Seller’s consent, upon the following conditions: (a) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser (a “Purchaser Control Entity”), or (ii) an entity advised by an affiliate in which one or more Purchaser Controlled Entities directly or indirectly is the general partner (or similar managing partner, member or manager) or owns more than 50% of Purchaser’s advisor, Dividend Capital Total Advisors LLCthe economic interests of such entity, (b) all of the Xxxxxxx Exxxxxx Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) have ended, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (e) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) two Business Days prior to Closing, and (f) the requirements in Section 12.17 are satisfied and (g) such assignment shall in no event delay the Closingsatisfied.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, may assign its rights under this Agreement in whole to one or in part with respect to any Property two assignees upon the following conditions: (a) the assignee or assignees of Purchaser must be (i) one or more entities controlled, either exclusively or non-exclusively as a member of a venture, by the principals of Purchaser, or to an entity controlling, for which entities controlled by, by the principals of Purchaser will provide Property services or under common control with Purchaser or (ii) an entity advised by an affiliate which will share in the economic performance of Purchaser’s advisor, Dividend Capital Total Advisors LLCthe Property, (b) all of the Xxxxxxx Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) ended, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, or the two respective assignees of Purchaser hereunder shall assume all obligations of Purchaser hereunder with respect to the Hunter’s Creek Property and the Metrowest Property, respectively, but in either case Purchaser shall remain primarily liable for the performance of Purchaser’s 's obligations, (ec) a copy of the fully executed written assignment and assumption agreement or agreements shall be delivered to Seller at least five (5) Business Days business days prior to Closing, and (fd) the requirements in Section 12.17 are satisfied and (g) such assignment shall in no event delay the Closingsatisfied.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, may assign its rights under this Agreement in whole or in part with respect to any Property upon the following conditions: (a) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser or (ii) an entity advised by an affiliate of Purchaser’s advisor, Dividend Capital Total Advisors LLC, (b) all of the Xxxxxxx Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) endedended and no Purchase Price Adjustment Notice shall have been delivered, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (e) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) three Business Days prior to Closing, and (f) the requirements in Section 12.17 are satisfied satisfied. Purchaser may also assign this Agreement if and (g) such to the extent assignment shall in no event delay the Closingis expressly permitted pursuant to a separate written agreement between Purchaser and Seller.