TAX EXCHANGE. By signing below, the Purchaser agrees to sign any additional documents as may be necessary for Seller in order to facilitate a 1031 Tax Exchange.
TAX EXCHANGE. Grantor may assign its rights (but not its obligations) under this Easement Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an exchange under Section 1031 of the Internal Revenue Code. In such event, Grantor shall provide Grantee with a Notice of Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgement of receipt of such notice.
TAX EXCHANGE. Buyer shall cooperate, at no expense to Buyer, with Seller in effecting the sale for the Real Property as part of an IRS 1031 exchange, but any such exchange shall not delay the Closing Date.
TAX EXCHANGE. Buyer hereby acknowledges that it is the intent of the Seller to effect an IRC 1031 tax deferred exchange which will not delay the closing or cause additional expense to the Buyer. The Seller's rights under this agreement may be assigned to a nominated qualified intermediary for the purpose of completing such an exchange. Buyer agrees to cooperate with the Seller and Nominated Intermediary in a manner reasonably necessary to complete the exchange.
TAX EXCHANGE. Grantor reserves the right to assign this Easement Agreement to Apex Property & Track Exchange, Inc. ("APEX"). Apex is a qualified intermediary within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended, and Treas. Reg. ss. 1.1031(k)-1(g), for the purpose of completing a tax-deferred exchange under said Section 1031 ("TAX-DEFERRED EXCHANGE"). Grantor shall bear all expenses associated with the use of Apex, or necessary to qualify this transaction as a Tax-Deferred Exchange, and, except as otherwise provided herein, shall protect, reimburse, indemnify and hold harmless Grantee from and against any and all reasonable and necessary additional costs, expenses, including attorneys' fees and liabilities which Grantee may incur as a result of Grantor's use of Apex or the qualification of this transaction as a tax-deferred transaction pursuant to Section 1031. Grantee shall cooperate with Grantor with respect to this Tax-Deferred Exchange, and upon Grantor's request, shall execute such documents as may be required to effect this Tax-Deferred Exchange, including, without limitation, the Assignment of Rights Under Easement Agreement attached hereto as EXHIBIT "C".
TAX EXCHANGE. If the Property qualifies for exchange treatment both Seller and Buyer reserve the right to restructure this transaction as an exchange (including, but not limited to, a tax deferred exchange under Section 1031 of the Internal Revenue Code of 1986 as amended), provided that such restructuring does not delay the closing of this transaction in any way and does not result in the imposition of any additional costs or liabilities upon the other party, and provided further that exchange treatment is not a contingency to this contract. In either such event the parties agree to cooperate with each other, without any delay in the Closing and without cost, expense, or liability to the cooperating party, in connection therewith. Such cooperation will include the right to assign this Contract to a third-party accommodator; provided in such event the assigning party will not be relieved of any liability or obligation hereunder. In connection with any such 1031 exchange of Seller, Seller will pay for all expenses and incur all liability which may relate to such 1031 exchange and Buyer will have no obligation to locate, contract for or take title to any property that Seller may wish to acquire, or to incur any indebtedness, expense, liability or obligation or otherwise adversely affect its rights under this Contract as a part of Buyer's agreement to cooperate.
