Common use of Representations, Warranties and Agreements to Survive Delivery Clause in Contracts

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement Agreement, or the applicable Terms Agreement, Agreement or any investigation made by or on behalf of any Underwriter the Underwriters or any controlling personperson thereof, or by or on behalf of the Company Company, its officers or directors and shall survive delivery of and payment for any Certificates to the Underwritten SecuritiesUnderwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Operating Partnership and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Sales Agent, the Forward Seller or any the Forward Purchaser or controlling person, or by or on behalf of the Company Company, and shall survive delivery of the Securities to the Sales Agent and shall survive delivery and acceptance of the Securities and payment for therefor and the Underwritten Securitiessettlement of any Forward Contract or any termination of this Agreement or the Forward Contract.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Representatives or any controlling personperson of the Representatives, or by or on behalf of the Company Companies or any officers, directors or controlling persons and shall survive delivery of and payment for any Publicly Offered Notes to the Underwritten SecuritiesRepresentatives or any controlling person.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling personeither Underwriter, or by or on behalf of the Company Company, or by or on behalf of any of the controlling persons and officers and directors referred to in Sections 8 and 9 hereof, and shall survive delivery of and payment for the Underwritten SecuritiesCertificates to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers other statements of the Company submitted or their respective officers set forth in or made pursuant hereto, shall to this Agreement will remain operative and in full force and effect, regardless of any effect will survive the termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten Securities; provided, however, that the representations and warranties of the Company shall be deemed to be made as of the date of execution of this Agreement and the Closing Time only.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Bank submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any an Underwriter or any controlling personperson of an Underwriter, or by or on behalf of the Company Bank, and shall survive each delivery of and payment for any of the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company and the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Operating Partnership, and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers other statements of the Company submitted or its officers set forth in or made pursuant hereto, shall to this Agreement will remain operative and in full force and effect, effect regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of the Company or any Underwriter or any controlling person, or by or on behalf of the Company person and shall will survive delivery of and payment for the Underwritten any Offered Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of officers of the Company submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted delivered pursuant hereto, shall to this Agreement will remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter you or any controlling personMD, or by or on behalf of and will survive the Company and shall survive delivery of and payment for the Underwritten SecuritiesClosing.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Underwriters or any controlling personperson of the Underwriters, or by or on behalf of the Company Companies or any officers, directors or controlling persons and shall survive delivery of and payment for any Offered Notes to the Underwritten SecuritiesUnderwriters or any controlling person.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Agreement or the applicable Terms any Term Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, effect regardless of any termination of this Agreement or the applicable Terms AgreementAgreement (including this Agreement as incorporated by reference therein), or any investigation made by or on behalf of any Underwriter Underwriter, controlling person or any controlling personthe Company, or by or on behalf of the Company and shall survive delivery of of, and payment for for, any Securities to the Underwritten SecuritiesUnderwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements agreements, including indemnity and contribution provisions, contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company and the Subsidiary Guarantors submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive the termination of this Agreement and the delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted or opinions delivered pursuant hereto, shall to this Agreement will remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, either of you or by or on behalf of the Company General Partner and shall will survive delivery of and payment for the Underwritten SecuritiesMonthly Closings.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Operating Partnership, and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements agreements, including the agreement of the Company in Section 6 hereof with respect to indemnity and contribution, contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for any Securities to the Underwritten SecuritiesUnderwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable any Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Agents or any controlling personperson of any Agent, or by or on behalf of the Company or any controlling person of the Company, and shall survive each delivery of and payment for any of the Underwritten SecuritiesNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in agreements delivered pursuant hereto or certificates of officers of the Company submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Underwriters or any controlling personpersons thereof, or by or on behalf of the Company and shall survive delivery of and payment for any Offered Certificates to the Underwritten SecuritiesUnderwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Corporation or the Guarantor submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter Dealer or any controlling person, or by or on behalf of the Company Corporation or the Guarantor, and shall survive each delivery of and payment for any of the Underwritten SecuritiesBonds.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of officers of the Company submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, to this Agreement shall remain operative and in full force and effect, effect regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by you or on your behalf or on behalf of any Underwriter or any controlling personperson of you, or by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Underwritten SecuritiesNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement investigation (or any statement as to the applicable Terms Agreement, or investigation results thereof) made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten SecuritiesOffered Securities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, representations and warranties and agreements contained in this Agreement or the applicable any Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter Agent or Purchaser or any controlling person, or by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Underwritten SecuritiesNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Agreement or the applicable Terms any Term Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, effect regardless of any termination of this Agreement or the applicable Terms AgreementAgreement (including this Agreement as incorporated by reference therein), or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of of, and payment for for, any Securities to the Underwritten SecuritiesUnderwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, Agreement or contained in certificates of officers of the Company or the Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, Agreement or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company and the Operating Partnership, and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Corporation or the Guarantor submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter Dealer or any controlling person, or by or on behalf of the Company Corporation or the Guarantor, and shall survive each delivery of and payment for any of the Underwritten SecuritiesNotes.

Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers other statements of the Company submitted set forth in or made pursuant hereto, to this Agreement shall remain operative and in full force and effect, effect regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter CM or any the Company or controlling person, or by or on behalf person of the Company Company, and shall survive the termination of this Agreement and the delivery of and payment for the Underwritten SecuritiesShares.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements (including, without limitation, indemnities and rights to contribution) contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Corporation or the Guarantor submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Corporation or the Guarantor, and shall survive each delivery of and payment for any of the Underwritten SecuritiesNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and the applicable Terms Pricing Agreement, or contained in certificates of officers or authorized representatives of the Company Transaction Entities submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Transaction Entities and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Underwriters or any controlling personperson of the Underwriters, or by or on behalf of the Company Companies or any officers, directors or controlling persons and shall survive delivery of and payment for any Notes to the Underwritten SecuritiesUnderwriters or any controlling person.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Manager or any of its Affiliates or selling agents, any person controlling personthe Manager or its officers or directors, or by or on behalf of the Company or any person controlling the Company, and shall survive delivery of the Securities to the Manager and shall survive delivery and acceptance of the Securities and payment for the Underwritten Securitiestherefor or any termination of this Agreement.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Representative or any controlling personperson of the Representative, or by or on behalf of the Company Companies or any officers, directors or controlling persons and shall survive delivery of and payment for any Certificates to the Underwritten SecuritiesRepresentative or any controlling person.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and the applicable Terms Pricing Agreement, or contained in certificates of officers of the Company and the Originators submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter of the Underwriters or any controlling personperson thereof, or by or on behalf of the Company and the Originators, and shall survive delivery of and payment for the Underwritten SecuritiesCertificates to the Underwriter.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter investigation, or any controlling person, or by or on behalf of statement as to the Company and shall survive delivery of and payment for the Underwritten Securitiesresults thereof.

Representations, Warranties and Agreements to Survive Delivery. All representations, representations and warranties and agreements contained in this Agreement or the applicable any Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter Agent or Purchaser or any controlling person, or by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Underwritten SecuritiesNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, to this Agreement shall remain operative and in full force and effect, effect regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Agent, the Forward Seller, the Forward Purchaser or any controlling personperson of the Agent, the Forward Seller or the Forward Purchaser or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten SecuritiesShares.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter the Underwriters or any controlling personperson thereof, or by or on behalf of the Company and shall survive delivery of and payment for any Securities to the Underwritten SecuritiesUnderwriters.

Representations, Warranties and Agreements to Survive Delivery. All indemnities, agreements, representations, warranties and agreements other statements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Company, the Operating Partnership or any subsidiary submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement investigation (or any statement as to the applicable Terms Agreement, or investigation results thereof) made by or on behalf of any Underwriter a Sales Agent, a Forward Seller, a Forward Purchaser or any controlling person, or by or on behalf of the Company Company, the Operating Partnership or any controlling person, and shall survive delivery and acceptance of the Securities and payment for therefor and the Underwritten Securitiessettlement of any Confirmation or any termination of this Agreement or the Confirmation.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, Agreement or contained in certificates of officers of the Company submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Underwriters or any controlling personperson of the Underwriters, or by or on behalf of the Company Company, and shall survive the delivery of and payment for any of the Underwritten Debt Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or the Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter of the Agents or any controlling personperson of an Agent, or by or on behalf of the Company and the Operating Partnership, and shall survive each delivery of and payment for the Underwritten SecuritiesNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Operating Partnership and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or authorized representatives of the Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any the Underwriter or any controlling person, or by or on behalf of the Company or the Operating Partnership, and shall survive delivery of and payment for the Underwritten SecuritiesShares.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, including indemnity and contribution agreements, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any the Underwriter or any person controlling person, or the Underwriter by or on behalf of the Company Company, its officers or directors, and shall survive delivery of acceptance and payment for the Underwritten SecuritiesOffered Certificates hereunder.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Trust, and shall survive delivery of and payment for the Underwritten SecuritiesCertificates to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, Agreement or contained in certificates of officers of Post GP or the Company Operating Partnership submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, Agreement or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of Post GP and the Company Operating Partnership, and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in or incorporated into this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Officers' Certificates submitted pursuant hereto, shall remain operative and in full force and effecteffect until all Obligations under all of the Loan Documents have been repaid in full, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Lenders or any controlling personPerson of the Lenders, or by or on behalf of the Company Borrower or any controlling Person of the Borrower, and shall survive delivery of and payment for the Underwritten SecuritiesTerm Notes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, AWC or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten Securitiesany Closing.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of the Company or any Underwriter or any controlling person, or by or on behalf of the Company person and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and the applicable Terms Pricing Agreement, or contained in certificates of Trustees of the Trust or officers of the Company submitted pursuant heretoto this Agreement, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, person thereof or by or on behalf of the Company Trust or the Company, and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriters pursuant to this Agreement.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company and shall survive delivery of and payment for the Underwritten SecuritiesSenior Notes by the Company.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Agreement or the applicable Terms any Term Agreement, or contained in certificates of officers of the Issuer or the Company submitted pursuant hereto, shall remain operative and in full force and effect, effect regardless of any termination of this Agreement or the applicable Terms AgreementAgreement (including this Agreement as incorporated by reference therein), or any investigation made by or on behalf of any Underwriter Underwriter, controlling person or any controlling personthe Issuer or the Company, or by or on behalf of the Company and shall survive delivery of of, and payment for for, any Securities to the Underwritten SecuritiesUnderwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or any of the Subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter Initial Purchaser, its affiliates or any controlling person, person or by or on behalf of the Company or any Guarantor, and shall survive (i) delivery of the Securities (including the Guarantees) to the Initial Purchasers and payment for the Underwritten Securities(ii) any termination of this Agreement.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, and agreements contained in this Agreement or and the applicable Terms Pricing Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling personof its respective officers, employees, directors or person who controls any Underwriter, or by or on behalf of the Company Company, and shall survive delivery of the Securities to and payment for the Underwritten SecuritiesSecurities by the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and the applicable Terms Pricing Agreement, or contained in certificates of officers of the Company or the Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Selling Stockholders, and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effecteffect for the applicable period of the statute of limitations with respect thereto, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter Initial Purchaser or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten SecuritiesSeries A Securities to the Initial Purchasers.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any the Underwriter or any controlling person, or by or on behalf of the Company Trust, and shall survive delivery of and payment for the Underwritten SecuritiesCertificates to the Underwriter.

Representations, Warranties and Agreements to Survive Delivery. All indemnities, agreements representations, warranties and agreements other statements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or any subsidiary submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement investigation (or any statement as to the applicable Terms Agreement, or investigation results thereof) made by or on behalf of any Underwriter a Sales Agent, a Forward Seller, a Forward Purchaser or any controlling person, or by or on behalf of the Company or any controlling person, and shall survive delivery and acceptance of the Securities and payment for therefor and the Underwritten Securitiessettlement of any Confirmation or any termination of this Agreement or the Confirmation.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, Agreement or contained in certificates of officers of the Company or any of its subsidiaries or the Selling Shareholders submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Selling Shareholders, and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained con- tained in this Agreement or the applicable any Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter of the Agents or any controlling personperson of any Agent, or by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Underwritten SecuritiesNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in or incorporated into this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Officers' Certificates submitted pursuant hereto, shall remain operative and in full force and effecteffect until the Preferred Securities have been repaid in full, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Holders or any controlling personperson of the Interim Purchasers, or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten Preferred Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Trust submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Trust and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for any Securities to the Underwritten SecuritiesUnderwriters. SECTION 10.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten Securities. 21 SECTION 9.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or CarrAmerica L.P. and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Amendment, the Original Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or any of its subsidiaries submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriter.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Representative or any controlling personperson of the Representative, or by or on behalf of the Company Companies or any officers, directors or controlling persons and shall survive delivery of and payment for any Underwritten Notes to the Underwritten SecuritiesRepresentative or any controlling person.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and the applicable Terms Pricing Agreement, or contained in certificates of officers of the Company or the Operating Partnership submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Operating Partnership, and shall survive delivery of and payment for the Underwritten SecuritiesShares to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements agree- ments contained in this Agreement or and the applicable Terms Pricing Agreement, or contained in certificates of officers of the Company or the Selling Stockholders submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation inves- tigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Selling Stock- holders, and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, representations and warranties and agreements contained in this Agreement or the applicable any Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter Agent or Purchaser or any controlling person, or by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Underwritten SecuritiesNotes or Warrants.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained con tained in this Agreement or the applicable any Terms Agreement, or contained in certificates of officers of the Company submitted pursuant heretohere to, shall remain operative and in full force and effect, regardless regard less of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Underwritten Offered Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Underwriters or any controlling personperson of the Underwriters, or by or on behalf of the Company Companies or any officers, directors or controlling persons and shall survive delivery of and payment for any Offered Certificates to the Underwritten SecuritiesUnderwriters or any controlling person.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements agreements, including indemnity and contribution provisions, contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company and the Subsidiary Guarantors submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any the Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive the termination of this Agreement and the delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriter.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, including indemnity and contribution agreements, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any person controlling person, or any Underwriter by or on behalf of the Company Company, the Subsidiary Guarantors, the officers or directors of the Company, and shall survive delivery of acceptance and payment for the Underwritten SecuritiesSecurities hereunder.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of officers of the Company submitted submitted, pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Representatives or any controlling personperson of either of the Representatives, or by or on behalf of the Company Companies or any officers, directors or controlling persons and shall survive delivery of and payment for any Notes to the Underwritten SecuritiesRepresentatives or any controlling person.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company Transaction Entities submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company a Transaction Entity and shall survive delivery of and payment for the Underwritten SecuritiesNotes.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Agents or any controlling personperson of any Agent, or by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Underwritten SecuritiesNotes and the termination of this Agreement.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and indemnity and contribution agreements contained in this Amended and Restated Underwriting Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Amended and Restated Underwriting Agreement, or any investigation made by or on behalf of any Underwriter the Underwriters or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten SecuritiesSenior Notes to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and indemnification and contribution agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter the Underwriters or any controlling personperson referred to in Section 6, or by or on behalf of the Company or any controlling person referred to in Section 6, and shall survive each delivery of and payment for any of the Underwritten SecuritiesShares.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Underwriting Agreement or the applicable Terms Agreement, Agreement or contained in certificates of officers of the Company submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of of, and payment for for, the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties warranties, indemnities and agreements contained in this Agreement or and the applicable Terms Pricing Agreement, or contained in certificates of officers of the Company Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Partnership, and shall survive delivery of and payment for the Underwritten SecuritiesUnits.

Representations, Warranties and Agreements to Survive Delivery. All The representations, warranties warranties, indemnities, agreements and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers other statements of the Company submitted or its officers set forth in or made pursuant hereto, shall to this Agreement will remain operative and in full force and effect, effect regardless of any termination of this Agreement or the applicable Terms AgreementAgreement (including this Agreement as incorporated by reference therein), or any investigation made by or on behalf of the Company or any Underwriter of you or any controlling person, or by or on behalf of the Company person and shall will survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Placement Agent or any controlling person, or by or on behalf of the Company Certificate Trust, the Owner Trust or Charter or any controlling person, director or officer of the Certificate Trust, the Owner Trust or Charter and shall survive for one year after delivery of and payment for the Underwritten SecuritiesCertificates to the purchasers thereof.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, hereto shall remain operative and in full force and effect, effect regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Underwriters, the Forward Purchasers, the Forward Sellers or the Company or any of their directors, officers, broker-dealer affiliates or controlling personpersons, or by or on behalf of the Company and shall survive delivery of and payment for the Underwritten SecuritiesShares.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant heretoto the Purchase Agreement, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Underwriters or any controlling personpersons, or by or on behalf of the Company Trust or controlling persons or by or on behalf of the Company, and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriters pursuant to the Purchase Agreement.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or and the applicable Terms Pricing Agreement, or contained in certificates of officers of the Company or the Selling Shareholder submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Selling Shareholder and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of the officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company and shall survive delivery of and payment for the Underwritten SecuritiesSecurities to the Underwriter.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, Pricing Agreement or contained in certificates of officers of the Company or the Property Partnerships submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, Pricing Agreement or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company and shall survive delivery of and payment for the Underwritten Securities.any

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect, effect regardless of any termination of this Agreement or the applicable Terms AgreementAgreement (including this Agreement as incorporated by reference therein), or any investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company Company, and shall survive delivery of and payment for any Securities to the Underwritten SecuritiesUnderwriters.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, Agreement or contained in certificates of officers of the Company and the Operating Partnership or any of their respective subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter or any controlling person, or by or on behalf of the Company or the Operating Partnership, and shall survive delivery of and payment for the Underwritten Securities.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable Terms Agreement, or contained in certificates of officers of the Company or of the Seller submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any termination of this Agreement or the applicable Terms Agreement, or any investigation made by or on behalf of any each Underwriter or any controlling personperson thereof, or by or on behalf of the Company and the Seller and shall survive delivery of and payment for any Certificates to the Underwritten SecuritiesUnderwriter.

Representations, Warranties and Agreements to Survive Delivery. All representations, warranties and agreements contained in this Agreement or the applicable any Terms Agreement, or contained in certificates of officers of the Company submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, effect regardless of any termination of this Agreement or the applicable Terms Agreement, or investigation made by or on behalf of any Underwriter the Agents or any controlling personperson of any Agent, or by or on behalf of the Company Company, and shall survive each delivery of and payment for any of the Underwritten SecuritiesNotes.