Post-Closing Remedies. From and after each Closing, Sellers and Purchaser shall, subject to the terms and conditions of this Agreement, including, without limitation, the terms of Section 7.3 above and Section 11.1 below, have such rights and remedies as are available at law or in equity, except that, except as otherwise set forth herein, neither Sellers nor Purchaser shall be entitled to recover from the other consequential, incidental, indirect, punitive or special damages. Nothing contained in this Section 7.4 limits the terms of Section 7.1.
Appears in 2 contracts
Samples: Real Estate Purchase and Sale Agreement (Summit Hotel Properties, Inc.), Real Estate Purchase and Sale Agreement (American Realty Capital Hospitality Trust, Inc.)
Post-Closing Remedies. From and after each the Closing, Sellers and Purchaser shall, subject to the terms and conditions of this Agreement, including, without limitation, the terms of Section 7.3 above and Section 11.1 below, have such rights and remedies as are available at law or in equity, except that, except as otherwise set forth herein, neither Sellers nor Purchaser shall be entitled to recover from the other consequential, incidental, indirect, punitive or special damages. Nothing contained in this Section 7.4 limits the terms of Section 7.1.
Appears in 2 contracts
Samples: Real Estate Purchase and Sale Agreement (Summit Hotel Properties, Inc.), Real Estate Purchase and Sale Agreement (American Realty Capital Hospitality Trust, Inc.)
Post-Closing Remedies. From and after each After Closing, Sellers Seller and Purchaser shall, --------------------- subject to the terms and conditions of this Agreement, Agreement (including, without limitation, the terms of Section 7.3 above and Section 11.1 11.Q. below), have such rights and remedies as are available at law or in equity, except that, except as otherwise set forth herein, that neither Sellers Seller nor Purchaser shall be entitled to recover from the other consequential, incidental, indirect, punitive consequential or special damages. Nothing contained in The provisions of this Section 7.4 limits 7. shall survive the terms Closing and delivery of Section 7.1the Deed or sooner termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (First Capital Income Properties LTD Series Viii)