Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.
Appears in 32 contracts
Samples: Contribution Agreement (Strawberry Fields REIT, Inc.), Contribution Agreement (Lodging Fund REIT III, Inc.), Contribution Agreement
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofspecifically set forth in this Agreement, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer officer, or employee of any party hereto to this Agreement or any other person or entity.
Appears in 27 contracts
Samples: Contribution Agreement (HC Government Realty Trust, Inc.), Contribution Agreement (HC Government Realty Trust, Inc.), Contribution Agreement (Sutherland Asset Management Corp)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.
Appears in 22 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Condor Hospitality Trust, Inc.), Purchase and Sale Agreement (Condor Hospitality Trust, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights right or any other rights right of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Article V and Sections 6.3 and 6.9 of this Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.
Appears in 17 contracts
Samples: Omnibus Option Agreement (Tower Realty Trust Inc), Option Agreement (Tower Realty Trust Inc), Option Agreement (Tower Realty Trust Inc)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, Other than the indemnification provisions hereofin favor of the parties’ owners, directors, officers, employees, agents, attorneys and Affiliates, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.
Appears in 11 contracts
Samples: Contribution Agreement (STAG Industrial, Inc.), Contribution Agreement (STAG Industrial, Inc.), Contribution Agreement (STAG Industrial, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.
Appears in 11 contracts
Samples: Stockholders Agreement (Walker & Dunlop, Inc.), Contribution Agreement (Walker & Dunlop, Inc.), Stockholders Agreement (Walker & Dunlop, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.
Appears in 9 contracts
Samples: Contribution Agreement (Meruelo Maddux Properties, Inc.), Contribution Agreement (Meruelo Richard), Contribution Agreement (Meruelo Maddux Properties, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholdershareholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.
Appears in 9 contracts
Samples: Class B Stock Purchase Agreement, Contribution Agreement (QTS Realty Trust, Inc.), Merger Agreement (QTS Realty Trust, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Option Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity; provided, however, that Section 5.3 of this Option Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.
Appears in 9 contracts
Samples: Omnibus Option Agreement (Eagle Hospitality Properties Trust, Inc.), Omnibus Option Agreement (Eagle Hospitality Properties Trust, Inc.), Omnibus Option Agreement (Eagle Hospitality Properties Trust, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Option Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person Person or entity; provided, however, that Article VIII of this Option Agreement shall be enforceable by and shall inure to the benefit of the Persons described therein.
Appears in 6 contracts
Samples: Option Agreement (Ashford Hospitality Prime, Inc.), Option Agreement (Ashford Hospitality Trust Inc), Option Agreement (Ashford Hospitality Prime, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification The terms and provisions hereof, no provision of this Agreement are intended solely for the benefit of each party hereto, their respective successors or permitted assigns and any other holder of Registrable Securities, and it is intended, nor shall it be interpreted, not the intention of the parties to provide or create any third confer third-party beneficiary rights or upon any other rights of Person other than any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson entitled to indemnity under Section 7.
Appears in 5 contracts
Samples: Registration Rights Agreement (Grupo Minero Mexico Internacional Sa De Cv), Registration Rights Agreement (Southern Peru Copper Corp/), Registration Rights Agreement (Phelps Dodge Corp)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, herein (including, without limitation, the indemnification provisions Section 3 hereof), no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholdershareholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.
Appears in 5 contracts
Samples: Registration Rights Agreement (Glowpoint, Inc.), Registration Rights Agreement (Walker & Dunlop, Inc.), Registration Rights Agreement (Walker & Dunlop, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Ashford Hospitality Prime, Inc.), Purchase and Sale Agreement (Ashford Hospitality Trust Inc), Contribution Agreement (Ashford Hospitality Trust Inc)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofincluding in Section 5.2, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholdershareholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.
Appears in 5 contracts
Samples: Contribution Agreement (Walker & Dunlop, Inc.), Contribution Agreement (Walker & Dunlop, Inc.), Contribution Agreement (Eola Property Trust)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of this This Agreement is intendednot intended to create, nor shall it be interpretedin any way interpreted or construed to create, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any person not a party hereto or any other person or entityunless otherwise expressly provided herein.
Appears in 4 contracts
Samples: License Agreement (Herbst Gaming Inc), License Agreement (Herbst Gaming Inc), License Agreement (Herbst Gaming Inc)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholdershareholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.
Appears in 4 contracts
Samples: Representation and Warranty Indemnification Agreement (Eola Property Trust), Merger Agreement (Eola Property Trust), Representation and Warranty Indemnification Agreement (Eola Property Trust)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Contribution Agreement ----------------------- is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Sections 5.2, 5.3, 6.3 and 6.10 of this Contribution Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.
Appears in 4 contracts
Samples: Contribution Agreement (Lasalle Hotel Properties), Contribution Agreement (Lasalle Hotel Properties), Contribution Agreement (Lasalle Hotel Properties)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, in any other agreement to which the indemnification provisions hereofContributors are a party, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.
Appears in 3 contracts
Samples: Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.. 8.9
Appears in 3 contracts
Samples: Contribution Agreement (Lodging Fund REIT III, Inc.), Contribution Agreement (Lodging Fund REIT III, Inc.), Contribution Agreement (Lodging Fund REIT III, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights right or any other rights right of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, except as expressly provided herein.
Appears in 2 contracts
Samples: Contribution Agreement (Tower Realty Trust Inc), Contribution Agreement (Tower Realty Trust Inc)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, other than the Company.
Appears in 2 contracts
Samples: Contribution Agreement (Thomas Properties Group Inc), Contribution Agreement (Thomas Properties Group Inc)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights right or any other rights right of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Article V and Section 5.3 of this Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.
Appears in 2 contracts
Samples: Option Agreement (Tower Realty Trust Inc), Option Agreement (Tower Realty Trust Inc)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Contribution ----------------------- Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Sections 6.3 and 6.10 of this Contribution Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.
Appears in 2 contracts
Samples: Contribution Agreement (Lasalle Hotel Properties), Contribution Agreement (Lasalle Hotel Properties)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholdershareholder, partner, member, director, officer or employee of any party Party hereto or any other person or entity.
Appears in 2 contracts
Samples: Merger Agreement (Meruelo Maddux Properties, Inc.), Merger Agreement (Meruelo Maddux Properties, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofherein (including in Section 3), no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholdershareholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.
Appears in 2 contracts
Samples: Registration Rights Agreement (Walker & Dunlop, Inc.), Registration Rights Agreement (Fortress Investment Group LLC)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.
Appears in 1 contract
Samples: Contribution Agreement (Lodging Fund REIT III, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, Other than the indemnification provisions hereofin favor of the Indemnified Parties, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.
Appears in 1 contract
Third Party Beneficiary. Except as may expressly set forth herein with respect to Affiliates of the Parties or with respect to Section 4.04, none of the provisions of this Agreement shall be expressly provided for the benefit of or incorporated enforceable by reference hereinany third party, including, without limitation, the indemnification provisions hereof, including any creditor of any Person and no such third party shall obtain any right under any provision of this Agreement is intended, nor or shall it be interpreted, to provide or create any third party beneficiary rights or any other rights by reasons of any kind such provision make any claim in any customer, affiliate, stockholder, partner, member, director, officer or employee respect of any party hereto Liability (or any other person or entityotherwise) against either Party hereto.
Appears in 1 contract
Samples: Administrative Services Agreement (Mobileye Global Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is ----------------------- intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.
Appears in 1 contract
Samples: Contribution and Merger Agreement (Maryland Property Capital Trust Inc)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference set forth herein, includingthis Agreement is for the sole benefit of the Parties hereto and their successors and permitted assigns, without limitationand there are no express or implied third party beneficiaries hereunder except for Indemnitees specified in ARTICLE 14. Nothing in this Agreement shall be construed as giving any Person, other than the indemnification provisions hereofParties and Indemnitees hereto and their successors and permitted assigns, no provision any right, remedy or claim under or in respect of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entityprovision hereof.
Appears in 1 contract
Samples: Collaboration and Option Agreement (Fate Therapeutics Inc)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto Party or any other person or entityPerson.
Appears in 1 contract
Samples: Contribution Agreement (Broadstone Real Estate Access Fund, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofspecifically set forth herein with respect to Suppliers, no provision of this Agreement is intended, nor shall it be interpreted, will in any way inure to provide or create the benefit of any third person (including the public, at large) so as to constitute any such person a third-party beneficiary rights of the Agreement or any other rights of the terms hereof, or otherwise give rise to any kind cause of action in any customer, affiliate, stockholder, partner, member, director, officer or employee of any person not a party hereto or any other person or entityhereto.
Appears in 1 contract
Samples: Reseller Agreement
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofspecifically set forth in this Agreement, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto to this Agreement or any other person or entity.
Appears in 1 contract
Samples: Contribution Agreement (Net Element International, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customerPerson other than the Parties and the Indemnified Parties, affiliate, stockholder, partner, member, director, officer or employee each of any whom is an express third party hereto or any other person or entitybeneficiary of the indemnification provisions of Article VIII.
Appears in 1 contract
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.
Appears in 1 contract
Samples: Contribution Agreement (Carter Validus Mission Critical REIT II, Inc.)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights right or any other rights right of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Article V and Sections 5.3 and 5.9 of this Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.
Appears in 1 contract
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Contribution Agreement ----------------------- is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Sections 5.3, 6.3 and 6.10 of this Contribution Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.
Appears in 1 contract
Samples: Omnibus Contribution Agreement (Lasalle Hotel Properties)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights right or any other rights right of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Section 6.3 of this Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.
Appears in 1 contract
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Contribution Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Sections 5.3 and 6.3 of this Contribution Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.
Appears in 1 contract
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofspecifically set forth in this Agreement, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer officer, or employee of any party hereto Party to this Agreement or any other person or entity.
Appears in 1 contract
Samples: Contribution Agreement (National Storage Affiliates Trust)
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofspecifically set forth in this Agreement, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, manager, director, officer officer, or employee of any party hereto to this Agreement or any other person or entity.
Appears in 1 contract
Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the Parties to this Agreement.
Appears in 1 contract
Samples: Representation and Warranty Indemnification Agreement (MedAmerica Properties Inc.)