Survival of Seller’s Representations and Warranties of Sale. The representations and warranties of Seller contained herein or in any Other Documents shall survive for a period of six (6) months after the Closing. Any claim which Buyer may have against Seller for a breach of any such representation or warranty, whether such breach is known or unknown, which is not specifically asserted by written notice to Seller within such six (6) month period shall not be valid or effective, and Seller shall have no liability with respect thereto.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Terreno Realty Corp), Purchase and Sale Agreement (Dividend Capital Trust Inc), Purchase and Sale Agreement (Cb Richard Ellis Realty Trust)
Survival of Seller’s Representations and Warranties of Sale. The representations and warranties of Seller contained herein or in any Seller estoppel delivered pursuant to Section 8.4 below or in any Other Documents shall survive for a period of six nine (69) months after the Closing. Any claim which Buyer may have against Seller for a breach of any such representation or warranty, whether such breach is known or unknown, which is not specifically asserted by written notice to Seller within such six nine (69) month period shall not be valid or effective, and Seller shall have no liability with respect thereto.
Appears in 3 contracts
Samples: Agreement of Purchase and Sale (KBS Strategic Opportunity REIT, Inc.), Purchase and Sale Agreement (Industrial Income Trust Inc.), Purchase and Sale Agreement (Maguire Properties Inc)
Survival of Seller’s Representations and Warranties of Sale. The representations and warranties of Seller contained herein or in any Other Documents shall survive for a period of six nine (69) months after the Closing. Any claim which Buyer may have against Seller for a breach of any such representation or warranty, whether such breach is known or unknown, which is not specifically asserted by written notice to Seller within such six nine (69) month period shall not be valid or effective, and Seller shall have no liability with respect thereto.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (KBS Strategic Opportunity REIT II, Inc.), Purchase and Sale Agreement (Comstock Homebuilding Companies, Inc.)
Survival of Seller’s Representations and Warranties of Sale. The representations and warranties of Seller contained herein or in any Other Documents shall survive for a period of six nine (69) months after the ClosingClosing during which xxxx Xxxxxx shall maintain a minimum net worth of $2,500,000.00. Any claim which Buyer may have against Seller for a breach of any such representation or warranty, whether such breach is known or unknown, which is not specifically asserted by written notice to Seller within such six (6) month period shall not be valid or effective, and Seller shall have no liability with respect thereto.
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Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)
Survival of Seller’s Representations and Warranties of Sale. The representations and warranties of Seller contained herein or in any Other Documents shall survive for a period of six nine (69) months after the Closing. Any claim which Buyer may have against Seller for a breach of any such representation or warranty, whether such breach is known or unknown, which is not specifically asserted by written notice to Seller within such six nine (69) month period shall not be valid or effective, and Seller shall have no liability with respect thereto.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (American Realty Capital - Retail Centers of America, Inc.)
Survival of Seller’s Representations and Warranties of Sale. The representations and warranties of Seller contained herein or in any Other Documents shall survive for a period of six twelve (612) months after the Closing. Any claim which Buyer may have against Seller for a breach of any such representation or warranty, whether such breach is known or unknown, which is not specifically asserted by written notice to Seller within such six twelve (612) month period shall not be valid or effective, and Seller shall have no liability with respect thereto.
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Survival of Seller’s Representations and Warranties of Sale. The representations and warranties of Seller contained herein or in any Seller estoppel delivered pursuant to Section 8.4 below, or in any Other Documents Documents, shall survive for a period of six nine (69) months after the Closing. Any claim which Buyer may have against Seller for a breach of any such representation or warranty, whether such breach is known or unknown, which is not specifically asserted by written notice to Seller within such six nine (69) month period shall not be valid or effective, and Seller shall have no liability with respect thereto.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Hines Real Estate Investment Trust Inc)
Survival of Seller’s Representations and Warranties of Sale. The representations and warranties of Seller contained herein or in any Other Documents shall survive for a period of six nine (69) months after the Closing. Any claim which Buyer may have against Seller for a breach of any such representation or warranty, whether such breach is known or unknown, which is not specifically asserted by written notice to Seller within such six nine (69) month period period, shall not be valid or effective, and Seller shall have no liability with respect thereto.
Appears in 1 contract
Samples: Purchase and Sale Agreement (American Realty Capital - Retail Centers of America, Inc.)
Survival of Seller’s Representations and Warranties of Sale. The representations and warranties of Seller contained herein or in any Other Documents shall survive for a period of six (6) months after the Closingending on January 31, 2006. Any claim which Buyer may have against Seller for a breach of any such representation or warranty, whether such breach is known or unknown, which is not specifically asserted by written notice to Seller within such six period and which is not the basis for an action commenced within sixty (660) month days after the expiration of such period shall not be valid or effective, and Seller shall have no liability with respect thereto.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Reit I Inc)
Survival of Seller’s Representations and Warranties of Sale. The representations and warranties of Seller contained herein or in any Other Documents shall survive for a period of six (6) months after the Closing. Any claim which Buyer may have against Seller for a breach of any such representation or warranty, whether such breach is known or unknown, which is not specifically asserted by written notice to Seller within such six (6) month period shall not be valid or effective, and Seller shall have no liability with respect thereto. Throughout the six (6) month period described in this Section, Seller shall maintain its legal existence and a net worth (as defined as assets minus liabilities) equal to at least one percent (1%) of the Purchase Price.
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