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Common use of Waiver by Buyer Clause in Contracts

Waiver by Buyer. If Buyer and/or its Permitted Assignees, with knowledge of (i) a default in any of the covenants, agreements or obligations to be performed by Seller under this Agreement and/or (ii) any breach of or inaccuracy in any representation or warranty of Seller made in this Agreement, nonetheless elects to proceed to Closing, then, upon the consummation of the Closing, Buyer and/or its Permitted Assignees shall be deemed to have waived any such default and/or breach or inaccuracy and shall have no claim against Seller with respect thereto.

Appears in 6 contracts

Samples: Purchase and Sale Agreement (Brandywine Realty Trust), Purchase and Sale Agreement (Brandywine Realty Trust), Purchase and Sale Agreement (Brandywine Realty Trust)

Waiver by Buyer. If Buyer and/or its Permitted AssigneesAssignee, with knowledge of (i) a default in any of the covenants, agreements or obligations to be performed by Seller under this Agreement and/or (ii) any breach of or inaccuracy in any representation or warranty of Seller made in this Agreement, nonetheless elects to proceed to Closing, then, upon the consummation of the Closing, Buyer and/or its Permitted Assignees Assignee shall be deemed to have waived any such default and/or breach or inaccuracy and shall have no claim against Seller with respect thereto.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)

Waiver by Buyer. If Buyer and/or its Permitted AssigneesBuyer, with knowledge actual Knowledge of (i) a default in any of the covenants, agreements or obligations to be performed by any Seller under this Agreement and/or (ii) any breach of or inaccuracy in any representation or warranty of any Seller made in this Agreement, nonetheless elects to proceed to Closing, then, upon the consummation of the Closing, Buyer and/or its Permitted Assignees shall be deemed to have waived any such default and/or breach or inaccuracy and shall have no claim against any Seller with respect thereto; provided, however, that nothing contained herein shall operate to limit Sellers’ indemnification obligations under Section 9.1.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Hotels & Resorts, Inc)

Waiver by Buyer. If Buyer and/or its Permitted Assignees, with actual knowledge of (i) a default in any of the covenants, agreements or obligations to be performed by any Seller under this Agreement and/or (ii) any breach of or inaccuracy in any representation or warranty of any Seller made in this Agreement, nonetheless elects to proceed to Closing, then, upon the consummation of the Closing, Buyer and/or its Permitted Assignees shall be deemed to have waived any such default and/or breach or inaccuracy and shall have no claim against any Seller with respect thereto.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Spieker Properties Inc)

Waiver by Buyer. If Buyer and/or its Permitted AssigneesBuyer, with knowledge of (i) a default in any of ----------------- the covenants, agreements or obligations to be performed by Seller Sellers under this Agreement Contract and/or (ii) any breach of or inaccuracy in any representation or warranty of Seller Sellers made in this Agreement, Contract nonetheless elects to proceed to Closingclosing, then, upon the consummation of the Closingclosing, Buyer and/or its Permitted Assignees shall be deemed to have waived any such default and/or breach or inaccuracy and shall have no claim against Seller Sellers with respect thereto.

Appears in 1 contract

Samples: Sale Contract (Emeritus Corp\wa\)

Waiver by Buyer. If Buyer and/or its Permitted AssigneesBuyer, with knowledge of (i) a default in any of ----------------- the covenants, agreements or obligations to be performed by Seller under this Agreement Contract and/or (ii) any breach of or inaccuracy in any representation or warranty of Seller made in this Agreement, Contract nonetheless elects to proceed to Closingclosing, then, upon the consummation of the Closingclosing, Buyer and/or its Permitted Assignees shall be deemed to have waived any such default and/or breach or inaccuracy and shall have no claim against Seller with respect thereto.

Appears in 1 contract

Samples: Sale Contract (Emeritus Corp\wa\)