Common use of Section 1031 Clause in Contracts

Section 1031. The parties shall cooperate with each other in ------------ order that the transactions contemplated under this Agreement may be accomplished as part of a deferred exchange (the "1031 Transaction") pursuant to Section 1031 of the Code and applicable Treasury Regulations and to execute such agreements and other documents as may be necessary to complete and otherwise effectuate a tax-deferred exchange; provided, however, that Seller shall not be obligated to incur any costs, expenses or other liabilities in cooperating with Buyer hereunder. Buyer shall be permitted to assign any or all of its rights and obligations under this Agreement to a qualified intermediary without Seller's consent for purposes of qualifying the transactions hereunder as a tax- deferred exchange; provided, however, that the fees of such qualified intermediary shall be paid by Buyer; and provided further, however, that nothing in this Section shall be deemed to relieve Buyer of any of its obligations under this Agreement, including its obligations to close the transactions contemplated by this Agreement if the exchange described herein has not occurred within nine months after the date of this Agreement and the conditions to Closing described in SECTIONS 8.1 and 8.2 have been met or waived, subject to the rights of either party to terminate the Agreement pursuant to SECTION 10.1.3.

Section 1031. The parties shall cooperate with each other in order ------------ order that the transactions contemplated under this Agreement may be accomplished as part of a deferred exchange (the "1031 Transaction") pursuant to Section 1031 of the Code and applicable Treasury Regulations and to execute executed such agreements and other documents as may be necessary to complete and otherwise effectuate a tax-deferred exchange; provided, however, that Seller shall not be obligated to incur any costs, ----------------- expenses or other liabilities in cooperating with Buyer hereunder. Buyer shall be permitted to assign any or all of its rights and obligations under this Agreement to a qualified intermediary without Seller's consent for purposes of qualifying the transactions hereunder as a tax- tax-deferred exchange; provided, --------- however, that the fees of such qualified intermediary shall be paid by Buyer; , ------- and provided further, however, that nothing in this Section shall be deemed to ------------------------- relieve Buyer of any of its obligations under this Agreement, including including, without limitation, its obligations to close the transactions contemplated by this Agreement if the exchange described herein has not occurred within nine months after the date of this Agreement prior to August 1, 1998 and the conditions to Closing described in SECTIONS Sections 8.1 and 8.2 have been met or waived, subject to the rights of either party to terminate the Agreement pursuant to SECTION Section 10.1.3.

Section 1031. The parties shall cooperate with each other in order ------------ order that the transactions contemplated under this Agreement may be accomplished as part of a deferred exchange (the "1031 Transaction") pursuant to Section 1031 of the Code and applicable Treasury Regulations and to execute executed such agreements and other documents as may be necessary to complete and otherwise effectuate a tax-deferred exchange; provided, however, that Seller shall not be obligated to incur any costs, ----------------- expenses or other liabilities in cooperating with Buyer hereunder. Buyer shall be permitted to assign any or all of its rights and obligations under this Agreement to a qualified intermediary without Seller's consent for purposes of qualifying the transactions hereunder as a tax- tax-deferred exchange; provided, --------- however, that the fees of such qualified intermediary shall be paid by Buyer; , ------- and provided further, however, that nothing in this Section shall be deemed to ------------------------- relieve Buyer of any of its obligations under this Agreement, including including, without limitation, its obligations to close the transactions contemplated by this Agreement if the exchange described herein has not occurred within nine months after the date of this Agreement prior to August 1, 1998 and the conditions to Closing described in SECTIONS Sections 8.1 and 8.2 have been met or waived, ; subject to the rights of either party to terminate the Agreement pursuant to SECTION Section 10.1.3.