Common use of Subject of Agreement; Property Clause in Contracts

Subject of Agreement; Property. In accordance with and subject to the terms of this Agreement, Xxxxx agrees to purchase from Seller, and Seller (upon execution and delivery of Seller’s acceptance on the Signature Page) agrees to sell to Buyer, the real property described as follows (collectively, “Property”): (a) the land comprising the Purchased Tract(s), together with all buildings, improvements and permanent fixtures, if any, presently existing on said land (“Real Estate”); and (b) any other property that is specifically included with the Purchased Tract(s) according to the express terms of this Agreement; provided, however, the Property and/or Real Estate, as those terms are used throughout this Agreement, do not include any item or property interest that is specifically excluded according to the express terms of this Agreement. This Agreement applies only to the Purchased Tract(s) designated on the Signature Page of this Agreement. Any provision of this Agreement that specifically applies to an auction tract that is not one of the Purchased Tract(s) shall not apply except to the extent that such provision affects the Purchased Tract(s) and/or the sale and/or conveyance thereof pursuant to this Agreement.

Appears in 3 contracts

Samples: Purchase Contract, Purchase Contract, Purchase Contract

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Subject of Agreement; Property. In accordance with and subject to the terms of this Agreement, Xxxxx Buyer agrees to purchase from Seller, and Seller (upon execution and delivery of Seller’s acceptance on the Signature Page) agrees to sell to Buyer, the real property described as follows (collectively, “Property”): (a) the land comprising the Purchased Tract(s), together with all buildings, improvements and permanent fixtures, if any, presently existing on said land (“Real Estate”); and (b) any other property that is specifically included with the Purchased Tract(s) according to the express terms of this Agreement; provided, however, the Property and/or Real Estate, as those terms are used throughout this Agreement, do not include any item or property interest that is specifically excluded according to the express terms of this Agreement. This Agreement applies only to the Purchased Tract(s) designated on the Signature Page of this Agreement. Any provision of this Agreement that specifically applies to an auction tract that is not one of the Purchased Tract(s) shall not apply except to the extent that such provision affects the Purchased Tract(s) and/or the sale and/or conveyance thereof pursuant to this Agreement.

Appears in 2 contracts

Samples: Purchase Contract, Purchase Contract

Subject of Agreement; Property. In accordance with and subject to the terms of this Agreement, Xxxxx offers and agrees to purchase from Seller, and Seller (upon execution and delivery of Seller’s acceptance on the Signature Page) agrees to sell to Buyer, the real property described as follows (collectively, the “Property”): (a) the land comprising the Purchased Tract(s), together with all buildings, improvements and permanent fixtures, if any, presently existing on said land (the “Real Estate”); and (b) any other property that is specifically included with the Purchased Tract(s) according to the express terms of this Agreement; provided, however, this purchase shall not include (and the Property terms “Property” and/or Real Estate, ” shall not be construed as those terms are used throughout this Agreement, do not include including) any item or property interest that is specifically excluded (or specified as not being included) according to the express terms any other provision of this Agreement. This Agreement applies only to the Purchased Tract(s) designated on the Signature Page of this Agreement. Any provision of this Agreement that specifically applies refers to an a specific auction tract that is not one of the Purchased Tract(s) shall not apply unless and except to the extent that such provision also pertains to or affects the Purchased Tract(s) and/or the sale and/or conveyance thereof pursuant to this Agreementof one or more of the Purchased Tract(s).

Appears in 1 contract

Samples: Purchase Agreement

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Subject of Agreement; Property. In accordance with and subject to the terms of this Agreement, Xxxxx Buyer agrees to purchase from Seller, Seller and Seller (upon execution and delivery of Seller’s acceptance on the Signature Pageacceptance) agrees to sell to Buyer, Buyer the real property described as follows (collectively, “Property”): (a) surface rights with respect to the land comprising the Purchased Tract(s)Tracts, together with all buildings, improvements and permanent fixtures, if any, presently existing on said land land, subject to the Permitted Exceptions as defined below (the Real EstateProperty”); and (b) any other property that is specifically included with the Purchased Tract(s) according to the express terms of this Agreement; provided, however, notwithstanding the Property and/or Real Estateforegoing definition or any other provision, as those terms are used throughout the “Property” to be acquired by Buyer pursuant to this Agreement, do Agreement does not include any Minerals (as defined below), any existing improvements, fixtures and/or facilities which are used in connection with the operation of any Minerals and/or which constitute public roads or public utilities, or any other item or property interest that is specifically excluded according to the express terms of this Agreement. This Agreement applies only to the Purchased Tract(s) Tracts designated on the Signature Page of this Agreement. Any provision of this Agreement that specifically applies pertains to an a specific auction tract that is not one of the Purchased Tract(s) Tracts shall not apply except to the extent that such provision affects one or more of the Purchased Tract(s) Tracts and/or the sale and/or conveyance thereof pursuant to this Agreement.

Appears in 1 contract

Samples: Purchase Agreement

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