Common use of Survival of Representations and Warranties; Remedy for Breach Clause in Contracts

Survival of Representations and Warranties; Remedy for Breach. (a) Subject to Section 3.6, all representations and warranties contained in this Exhibit D or in any Schedule or certificate delivered pursuant hereto shall survive the Closing. (b) Notwithstanding anything to the contrary in the Agreement or this Exhibit D, no Contributor hereto shall be liable under this Exhibit D or the Agreement for monetary damages (or otherwise) for breach of any of its representations, warranties and covenants contained in this Exhibit D or the Agreement, or in any Schedule, certificate or affidavit delivered by it pursuant thereto, other than pursuant to the succeeding provisions of this Section 3.

Survival of Representations and Warranties; Remedy for Breach. (a) Subject to Section 3.6, all representations and warranties contained in this Exhibit D G or in any Schedule or certificate delivered pursuant hereto shall survive the Closing. (b) Notwithstanding anything to the contrary in the Contribution Agreement or this Exhibit DG, no Contributor party hereto shall be liable under this Exhibit D G or the Contribution Agreement for monetary damages (or otherwise) for breach of any of its representations, representations and warranties and covenants contained in this Exhibit D G or the Contribution Agreement, or in any Schedule, certificate or affidavit delivered by it pursuant thereto, other than pursuant to the succeeding provisions of this Section Article 3.

Survival of Representations and Warranties; Remedy for Breach. (a) Subject to Section 3.6, all representations and warranties contained in this Exhibit D F or in any Schedule or certificate delivered pursuant hereto shall survive the Closing. (b) Notwithstanding anything to the contrary in the Contribution Agreement or this Exhibit DF, no Contributor party hereto shall be liable under this Exhibit D F or the Contribution Agreement for monetary damages (or otherwise) for breach of any of its representations, representations and warranties and covenants contained in this Exhibit D F or the Contribution Agreement, or in any Scheduleschedule, exhibit, certificate or affidavit delivered by it pursuant thereto, other than pursuant to the succeeding provisions of this Section Article 3.

Survival of Representations and Warranties; Remedy for Breach. (a) Subject to Section 3.63.7 of this Exhibit D, all representations and warranties contained in this Exhibit D (as qualified by the Disclosure Schedule and the Prospectus) or in any Schedule or certificate delivered pursuant hereto shall survive the Closing. (b) Notwithstanding anything to the contrary in the Agreement or this Exhibit D, no Contributor hereto shall be liable under this Exhibit D or the Agreement for monetary damages (or otherwise) for breach of any of its representations, warranties warranties, covenants and covenants obligations contained in this Exhibit D or the Agreement, or in any agreement, Schedule, Exhibit, certificate or affidavit delivered by it pursuant thereto, other than pursuant to the succeeding provisions of this Section Article 3, which shall be the sole and exclusive remedy with respect thereto.

Survival of Representations and Warranties; Remedy for Breach. (a) Subject to Section 3.6, all representations and warranties contained in this Exhibit D E or in any Schedule or certificate delivered pursuant hereto shall survive the Closing. (b) Notwithstanding anything to the contrary in the Contribution Agreement or this Exhibit DE, no Contributor party hereto shall be liable under this Exhibit D E or the Contribution Agreement for monetary damages (or otherwise) for breach of any of its representations, representations and warranties and covenants contained in this Exhibit D E or the Contribution Agreement, or in any Scheduleschedule, exhibit, certificate or affidavit delivered by it pursuant thereto, other than pursuant to the succeeding provisions of this Section Article 3.

Survival of Representations and Warranties; Remedy for Breach. (a) Subject to Section 3.6, all representations and warranties contained in this Exhibit D or in any Schedule or certificate delivered pursuant hereto shall survive the Closing. (b) Notwithstanding anything to the contrary in the Agreement or this Exhibit D, no Contributor party hereto shall be liable under this Exhibit D or the Agreement for monetary damages (or otherwise) for breach of any of its representations, representations and warranties and covenants contained in this Exhibit D or the Agreement, or in any Schedule, certificate or affidavit delivered by it pursuant thereto, other than pursuant to the succeeding provisions of this Section 3.

Survival of Representations and Warranties; Remedy for Breach. (ai) Subject to Section 3.6, all The representations and warranties in Section 3.1 and Section 3.2 shall survive the Closing for the period specified in Section 3.3(e)(i). The covenants contained in this Exhibit D or in any Schedule or certificate delivered pursuant hereto Agreement shall survive the ClosingClosing for the periods specified therein. (bii) Notwithstanding anything to None of the contrary in Contributors, the Agreement Company or this Exhibit D, no Contributor hereto the Operating Partnership shall be liable under this Exhibit D or the Agreement for monetary damages (or otherwise) for breach of any of its representations, their respective representations and warranties and covenants contained in Section 3.1 or Section 3.2, as applicable, or this Exhibit D or the Agreement, or in any Schedule, certificate certificate, affidavit or affidavit other document delivered by it pursuant thereto, other than pursuant to the succeeding indemnification provisions of contained in this Section 33.3, which, except in the case of fraud and except as provided in Section 6.10, shall be the sole and exclusive remedy with respect thereto.