Relative Fault. The relative fault of the Company and the Selling Agent, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling Agent, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 3 contracts
Samples: Selling Agreement (MVP REIT II, Inc.), Selling Agreement (MVP REIT II, Inc.), Selling Agreement (MVP REIT II, Inc.)
Relative Fault. The relative fault of the Company Company, the Selling Agent and the Selling AgentParticipating Broker-Dealer, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling AgentAgent or by the Participating Broker-Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 3 contracts
Samples: Selling Agreement (MVP REIT, Inc.), Selling Agreement (MVP REIT, Inc.), Selling Agreement (MVP Monthly Income Realty Trust, Inc.)
Relative Fault. The relative fault of the Company Company, the Advisor, the Dealer Manager and the Selling AgentParticipating Broker-Dealer, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling AgentDealer Manager or by the Participating Broker-Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 1 contract
Samples: Dealer Manager Agreement (Braemar Hotels & Resorts Inc.)
Relative Fault. The relative fault of the Company and the Selling Placement Agent, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling Placement Agent, and the parties’ ' relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Appears in 1 contract
