Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's obligation to indemnify such party in accordance with this Agreement.
Appears in 12 contracts
Samples: Sale Agreement (Cali Realty Corp /New/), Sale Agreement (Corporate Realty Income Fund I L P), Purchase and Sale Agreement (Quaker Fabric Corp /De/)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's obligation to indemnify such party in accordance with this Agreement. This Section shall survive the Closing or the earlier termination of this Agreement.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Metlife Inc), Purchase and Sale Agreement (Maguire Properties Inc), Purchase and Sale Agreement (Metlife Inc)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 ------------------- hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's obligation to indemnify such party in accordance with this Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Kilroy Realty Corp), Purchase and Sale Agreement (T Reit Inc)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereofanything contained herein to the contrary, in no event shall the provisions of Sections Section 6.1 and Section 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with herewith. This Section 6.3 shall survive the Closing or the earlier termination of this Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (MPG Office Trust, Inc.), Purchase and Sale Agreement (MPG Office Trust, Inc.)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by (i) either party against the other party due to the other party's obligation to indemnify such party in accordance with Article VIII of this AgreementAgreement and (ii) by either party against the other party due to a breach of a party's obligations under Section 4.4 hereof.
Appears in 2 contracts
Samples: Sale Agreement (Atlas Financial Holdings, Inc.), Sale Agreement (Atlas Financial Holdings, Inc.)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, subject to Section 6.4 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's obligation to indemnify such party in accordance with this Agreement. This Section 6.3 shall survive the Closing or the earlier termination of this Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Metlife Inc), Purchase and Sale Agreement (Metlife Inc)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in In no event shall the provisions of Sections 6.1 11.1 and 6.2 11.2 limit the damages recoverable by either party against the other party due to the other party's obligation to indemnify such party in accordance with this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (First Union Real Estate Equity & Mortgage Investments)
Recoverable Damages. Notwithstanding Sections 6.1 and ------------------- 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's obligation to indemnify such party in accordance with this Agreement.
Appears in 1 contract
Recoverable Damages. Notwithstanding Sections Section 6.1 and Section 6.2 hereof, in no event shall the provisions of Sections Section 6.1 and Section 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this AgreementAgreement or the non-prevailing party’s obligation to pay the prevailing party’s attorneys’ fees and costs pursuant to Section 10.16 hereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Medical Properties Trust Inc)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s express obligation to indemnify such party in accordance with Section 8.1 of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Carter Validus Mission Critical REIT II, Inc.)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this Agreement.
Appears in 1 contract
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s express obligation to indemnify such party as expressly provided in accordance with this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s express obligation to indemnify such party in accordance with Sections 3.1(c), 4.2(c) and (d), 8.1, 10.25 and 10.26 of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Corporate Office Properties Trust)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereofanything contained herein to the contrary, in no event shall the provisions of Sections 6.1 Section 7.1 and 6.2 Section 7.2 limit the damages recoverable by either party against the other party due to rights of contribution or to the other party's obligation to indemnify such party in accordance with herewith. This Section 7.3 shall survive the Closing or the earlier termination of this Agreement.
Appears in 1 contract
Samples: Sale, Purchase and Escrow Agreement (MPG Office Trust, Inc.)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the provisions of Section 10.17 or the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this Agreement.
Appears in 1 contract
Samples: Sale Agreement (Equinix Inc)
Recoverable Damages. Notwithstanding Sections Section 6.1 and Section 6.2 hereof, in no event shall the provisions of Sections Section 6.1 and Section 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this AgreementAgreement or the non-prevailing party’s obligation to pay the prevailing party’s attorneys’ fees and costs pursuant to Section 10.17 hereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Grubb & Ellis Healthcare REIT, Inc.)
Recoverable Damages. Notwithstanding Sections 6.1 7.1 and 6.2 7.2 hereof, in no event shall the provisions of Sections 6.1 7.1 and 6.2 7.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this Agreement; provided, however, that in no event shall either party be liable for any consequential, punitive or special damages.
Appears in 1 contract
Recoverable Damages. Notwithstanding Sections 6.1 Section 7.1 and 6.2 Section 7.2 hereof, in no event shall the provisions of Sections 6.1 Section 7.1 and 6.2 Section 7.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with Section 4.2(c), Section 6.4(b) and Section 9.1 of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Core Office Income Reit Inc)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this AgreementAgreement or the non-prevailing party’s obligation to pay the prevailing party’s reasonable attorneys’ fees and costs pursuant to Section 10.16 hereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement (NNN 2003 Value Fund LLC)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s express obligation to indemnify such party in accordance with Section 3.1(c) or Section 8 of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Digital Realty Trust, Inc.)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by (i) either party against the other party due to the other party's obligation to indemnify such party in accordance with Article VIII of this Agreement.Agreement and (ii) by either party against the other party due to a breach of a party's obligations under Section 4.4 hereof. ARTICLE VII
Appears in 1 contract
Samples: Purchase and Sale Agreement
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s express obligation to indemnify such party in accordance with Section 8.2 of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Parlux Fragrances Inc)
Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with this Agreement. This Section shall survive the Closing or the earlier termination of this Agreement.
Appears in 1 contract
Recoverable Damages. Notwithstanding Sections 6.1 7.1 and 6.2 7.2 hereof, in no event shall the provisions of Sections 6.1 7.1 and 6.2 7.2 limit the damages recoverable by either party against the other party due to the other party's ’s obligation to indemnify such party in accordance with Sections 4.2, 6.3, 6.4, and 9.1 of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Hines Global REIT, Inc.)