Common use of REPRESENTATIONS AND WARRANTIES OF THE PURCHASER PARTIES Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF THE PURCHASER PARTIES. Except (i) as set forth in Parent’s Form 10-K for the fiscal year ended December 31, 2006 (except for the forward looking statements contained in the Management Discussion and Analysis, the forward-looking statements therein contained in the forward-looking statement disclaimer and the risk factors thereof), (ii) as expressly and specifically disclosed in any Parent SEC Reports filed or furnished since the date of filing of such Form 10-K and prior to the date hereof (except, in each case, for the forward-looking statements therein contained in the forward-looking statement disclaimer and the risk factors thereof, as applicable) (items (i) and (ii) collectively being referred to herein as the “Covered Parent SEC Disclosure”) or (iii) in the disclosure schedules delivered at or prior to the execution hereof to the Company (the “Parent Disclosure Schedule”), which schedule shall identify any exceptions to the representations, warranties and covenants contained in this Agreement (with specific reference to the particular Section or subsection to which such information relates; provided that an item disclosed in any Section or subsection shall be deemed to have been disclosed for each other Section or subsection of this Agreement to the extent the relevance is readily apparent on the face of such disclosure), each of the Purchaser Parties, jointly and severally, hereby represents and warrants to the Company and the Operating Partnership as follows:

REPRESENTATIONS AND WARRANTIES OF THE PURCHASER PARTIES. Except (i) as set forth in Parent’s Form 10-K for (i) the fiscal year ended December 31, 2006 (except for disclosure schedules delivered by Purchaser Parties to the forward looking statements contained in the Management Discussion and Analysis, the forward-looking statements therein contained in the forward-looking statement disclaimer and the risk factors thereof), (ii) as expressly and specifically disclosed in any Parent SEC Reports filed or furnished since the date of filing of such Form 10-K and prior to Company on the date hereof (except, in each case, for the forward-looking statements therein contained in the forward-looking statement disclaimer and the risk factors thereof, as applicable) (items (i) and (ii) collectively being referred to herein as the “Covered Parent SEC Disclosure”) or (iii) in the disclosure schedules delivered at or prior to the execution hereof to the Company (the “Parent Purchaser Disclosure ScheduleSchedules”), the Section numbers of which schedule shall identify any exceptions are numbered to correspond to the representations, warranties and covenants contained in this Agreement (with specific reference to the particular Section or subsection to which such information relates; provided that an item disclosed in any Section or subsection shall be deemed to have been disclosed for each other Section or subsection numbers of this Agreement to which they refer, or (ii) the SEC Reports that are available on the SEC’s website through XXXXX (to the extent the relevance qualifying nature of such disclosure is readily apparent on from the face content of such disclosureSEC Reports, but excluding any disclosures solely contained or referenced therein under “Risk Factors,” “Forward-Looking Statements,” “Quantitative and Qualitative Disclosures About Market Risk,” and any other disclosures solely contained or referenced therein of information, factors, or risks that are predictive, cautionary, or forward-looking in nature) (it being acknowledged that nothing disclosed in such an SEC Report will be deemed to modify or qualify the representations and warranties set forth in Section 3.1 (Organization and Standing), Section 3.2 (Authorization; Binding Agreement) and Section 3.5 (Capitalization)), each of the Purchaser PartiesParty, jointly and severally, hereby represents and warrants to the Company and as of the Operating Partnership date of this Agreement as follows: