Common use of Seller’s Representations Deemed Modified Clause in Contracts

Seller’s Representations Deemed Modified. To the extent that Buyer knows or is deemed to know prior to the date hereof that Seller's representations and warranties are inaccurate, untrue or incorrect in any way, such representations and warranties shall be deemed modified to reflect Buyer's knowledge or deemed knowledge, as the case may be. For purposes of this Agreement, Buyer shall be "deemed to know" that a representation or warranty was untrue, inaccurate or incorrect to the extent that this Agreement, the Documents, any estoppel certificate executed by any tenant of the Property and delivered to Buyer, or any studies, tests, reports, or analyses prepared by or for Buyer or any of its employees, agents, representatives or attorneys (all of the foregoing being herein collectively called the "Buyer's Representatives") or otherwise obtained by Buyer or Buyer's Representatives contains information which is inconsistent with such representation or warranty.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Prudential Realty Acquisition Fund Ii Lp)

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Seller’s Representations Deemed Modified. To the extent that Buyer knows or is deemed to know prior to the date hereof expiration of the Due Diligence Period that Seller's representations and warranties are inaccurate, untrue or incorrect in any way, such representations and warranties shall be deemed modified to reflect Buyer's knowledge or deemed knowledge, as the case may be. For purposes of this Agreement, Buyer shall be "deemed to know" that a representation or warranty was untrue, inaccurate or incorrect to the extent that this Agreement, the Documents, any estoppel certificate executed by any tenant of the Property and delivered to Buyer, or any studies, tests, reports, or analyses prepared by or for Buyer or Xxxxxxx Xxxxx, Xxxxx Xxxxxx, Xxxx Xxxxxx, or any of its employees, agents, representatives or attorneys (all of the foregoing being herein collectively called the "Buyer's Representatives") or otherwise obtained by Buyer or Buyer's Representatives contains information which is inconsistent with such representation or warranty.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Mack Cali Realty Corp)

Seller’s Representations Deemed Modified. To the extent that Buyer or any of its employees, agents, representatives or attorneys (all of the foregoing being herein collectively called the “Buyer’s Representatives”) knows or is deemed to know prior to the date hereof expiration of the Due Diligence Period that Seller's ’s representations and warranties are inaccurate, untrue or incorrect in any way, such representations and warranties shall be deemed modified to reflect Buyer's knowledge or deemed ’s knowledge, as the case may be. For purposes of this Agreement, Buyer Buyer’s Representatives shall be "deemed to know" that a representation or warranty was untrue, inaccurate or incorrect to the extent that this Agreement, ; the Documents, any estoppel certificate executed by any tenant of the Property and delivered Documents (as defined in Exhibit D attached hereto) made available to Buyer’s Representatives by Seller and/or Property Manager at the Property, or any studies, tests, reports, Page15 or analyses prepared by or for Buyer or any of its employees, agents, representatives or attorneys (all of the foregoing being herein collectively called the "Buyer's Representatives") ’s Representatives or otherwise obtained by Buyer or Buyer's ’s Representatives contains information which is inconsistent with such representation or warranty.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Legacy Partners Apartment REIT, Inc.)

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Seller’s Representations Deemed Modified. To the extent that Buyer knows or is deemed to know prior to the date hereof expiration of the Due Diligence Period that Seller's representations and warranties are inaccurate, untrue or incorrect in any way, such representations and warranties shall be deemed modified to reflect Buyer's knowledge or deemed knowledge, as the case may be. For purposes of this Agreement, Buyer shall be "deemed to know" that a representation or warranty was untrue, inaccurate or incorrect to the extent that this Agreement, the Documents, any estoppel certificate executed by any tenant of the Property and delivered to Buyer, or any studies, tests, reports, or analyses prepared by or for Buyer or any of its employees, agents, representatives or attorneys (all of the foregoing being herein collectively called the "Buyer's Representatives") or otherwise obtained by Buyer or Buyer's Representatives contains information which is inconsistent with such representation or warranty.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Prudential Acquisition Fund I Lp)

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