Common use of Discharge of Obligations Clause in Contracts

Discharge of Obligations. Except as otherwise expressly provided herein, the acceptance of the Deed by Purchaser at Closing shall be deemed to be a full performance and discharge of every representation, warranty and covenant made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions hereof, and such representations, warranties and covenants shall be deemed to merge into the documents delivered at Closing.

Appears in 10 contracts

Samples: Purchase Agreement (Behringer Harvard Mid-Term Value Enhancement Liquidating Trust), Purchase Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Purchase Agreement (Behringer Harvard Opportunity REIT II, Inc.)

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Discharge of Obligations. Except as otherwise expressly provided herein, the The acceptance and recording of the Deed by Purchaser at Closing shall be deemed to be a full performance and discharge of every representation, warranty and covenant made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions hereofof this Agreement, and such representations, warranties and covenants shall except those which are herein specifically stated to survive Closing or which by their nature will not be deemed to merge into the documents delivered at performed or discharged until after Closing.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Town & Country Trust), Purchase and Sale Agreement (Town & Country Trust), Purchase and Sale Agreement (Town & Country Trust)

Discharge of Obligations. Except as otherwise expressly provided hereinin Section 5.4 or elsewhere in this Agreement, the acceptance of the Deed by Purchaser at Closing shall be deemed to be a full performance and discharge of every representation, warranty and covenant made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions hereof, and such representations, warranties and covenants shall be deemed to merge into the documents delivered at Closing.

Appears in 2 contracts

Samples: Liquidating Trust Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Rent and Lease Term (Behringer Harvard Short Term Opportunity Fund I Lp)

Discharge of Obligations. Except as otherwise expressly provided herein, the The acceptance of the each Deed by Purchaser at Closing shall be deemed to be a full performance and discharge of every representation, representation and warranty and covenant made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions hereofof this Agreement, and such representations, warranties and covenants shall be deemed except those which are herein specifically stated to merge into the documents delivered at survive Closing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Nuveen Global Cities REIT, Inc.), Purchase and Sale Agreement (Corporate Office Properties Trust)

Discharge of Obligations. Except as otherwise expressly provided herein, the acceptance of the Deed by Purchaser at Closing shall be deemed to be a full performance and discharge of every representation, warranty and covenant made by Seller herein herein, and every agreement and obligation on the part of Seller to be performed pursuant to the provisions provision hereof, and such representations, warranties and covenants shall be deemed to merge into the documents delivered at Closing.

Appears in 1 contract

Samples: Purchase Contract (Apple Residential Income Trust Inc)

Discharge of Obligations. Except as otherwise expressly provided herein, the The acceptance of the Deed by Purchaser at Closing shall be deemed to be a full performance and discharge of every representation, warranty and pre-Closing covenant made by Seller herein and DOCSBHM\2172820\7 NAI-1502721402v4 every agreement and obligation on the part of Seller to be performed pursuant to the provisions hereofof this Agreement, and such representations, warranties and covenants shall be deemed except those which are herein specifically stated to merge into the documents delivered at survive Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (CNL Growth Properties, Inc.)

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Discharge of Obligations. Except as otherwise expressly provided herein, the The acceptance of the Seller’s Deed by Purchaser at Closing shall be deemed to be a full performance and discharge of every representation, representation and warranty and covenant made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions hereofof this Agreement, except those which are herein specifically stated to survive the Closing. For the avoidance of doubt and such representationsnotwithstanding anything to the contrary in this Agreement, warranties obligations which by their express terms survive Closing shall also survive (and covenants shall not be deemed to merge into merged into) the documents delivered at Closingdelivery of the Seller’s Deed and all other Closing documents.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement

Discharge of Obligations. Except as otherwise expressly provided herein, the acceptance of the Deed Deeds by Purchaser at Closing shall be deemed to be a full performance and discharge of every representation, warranty and covenant made by Seller Sellers herein and every agreement and obligation on the part of Seller Sellers to be performed pursuant to the provisions hereof, and such representations, warranties and covenants shall be deemed to merge into the documents delivered at Closing.. 9.13

Appears in 1 contract

Samples: Purchase Agreement This Agreement (Hartman vREIT XXI, Inc.)

Discharge of Obligations. Except as otherwise expressly provided herein, the Purchaser’s acceptance of the Deed by Purchaser at Closing shall be deemed to be a full performance and discharge of every representationall of the obligations of Seller and each Seller hereunder and all of Seller’s representations, warranty warranties, covenants and covenant made agreements herein shall merge in the documents and agreements executed at the Closing by Seller herein and every agreement each Seller and obligation on shall not survive the part of Seller to be performed pursuant to the provisions hereof, and such representations, warranties and covenants shall be deemed to merge into the documents delivered at Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

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