Common use of Effect of the Termination Clause in Contracts

Effect of the Termination. In the event of termination of this Agreement by either the Company or the Purchaser as provided in Section 6.1, this Agreement shall forthwith become void and there shall be no liability or obligation on the part of the Parties or their respective affiliates or Representatives, relating to, based on or arising under or out of this Agreement, the transactions contemplated hereby or the subject matter hereof (including the negotiation and performance of this Agreement), except (i) as provided in Section 4.2(b), this Section 6.2, Section 6.3 and Article VII, the provisions relating to the payment and reimbursement of Assumption Expenses in Section 4.13(b) and the indemnification, payment and reimbursement provisions contained in the last sentence of Section 4.12 or the last sentence of Section 4.14(a), (ii) the Guaranty and the Confidentiality Agreement (provided that, with respect to the Confidentiality Agreement, the Purchaser shall be treated as if it were a party thereto to the same extent as Blackstone Real Estate Services L.L.C.) shall each continue in full force and effect in accordance with their respective terms and (iii) subject to Section 7.8, nothing herein shall relieve any Party from any liability for any willful or intentional breach by a Party of any of its representations, warranties, covenants or agreements set forth in this Agreement.

Effect of the Termination. In the event of the valid termination of this Agreement by either the Company or the Purchaser Parent as provided in Section 6.17.1, this Agreement shall forthwith become void and there shall be no liability or obligation on the part of Parent, Merger Sub I, Merger Sub II, the Parties Company or the Partnership or their respective affiliates or Representatives, relating to, based on or arising under or out of this Agreement, the transactions contemplated hereby or the subject matter hereof (including the negotiation and performance of this Agreement), except (ia) as provided in Section 4.2(b), 5.2(b) and for this Section 6.27.2, Section 6.3 7.3, Section 7.4 and Article VIIVIII, the provisions relating to the payment and reimbursement of Assumption Expenses in Section 4.13(b) and the indemnification, payment and reimbursement provisions contained in the last sentence of Section 4.12 or 5.12 and the last sentence of Section 4.14(a5.15(a), (iib) the Guaranty Guaranties and the Confidentiality Agreement (provided that, that with respect to the Confidentiality Agreement, the Purchaser Parent, Merger Sub I and Merger Sub II shall each be treated as if it they were a party thereto to the same extent as Blackstone Infrastructure Advisors L.L.C. and Blackstone Real Estate Services L.L.C.) shall each continue in full force and effect in accordance with their respective terms and (iiic) subject to Section 7.88.8, nothing herein shall relieve any Party party from any liability for any fraud or any willful or and intentional breach by a Party such party of any of its representations, warranties, covenants or agreements set forth in this Agreement.

Effect of the Termination. In the event of the valid termination of this Agreement by either the Company or the Purchaser Parent as provided in Section 6.17.1, this Agreement shall forthwith become void and there shall be no liability or obligation on the part of Parent, Merger Sub I, Merger Sub II, the Parties Company or the Partnership or their respective affiliates or Representatives, relating to, based on or arising under or out of this Agreement, the transactions contemplated hereby or the subject matter hereof (including the negotiation and performance of this Agreement), except (ia) as provided in Section 4.2(b), 5.2(b) and for this Section 6.27.2, Section 6.3 7.3, Section 7.4 and Article VIIVIII, the provisions relating to the payment and reimbursement of Assumption Expenses in Section 4.13(b) and the indemnification, payment and reimbursement provisions contained in the last sentence of Section 4.12 or 5.12 and the last sentence of Section 4.14(a5.15(a), (iib) the Guaranty and the Confidentiality Agreement (provided that, that with respect to the Confidentiality Agreement, the Purchaser Parent, Merger Sub I and Merger Sub II shall each be treated as if it they were a party thereto to the same extent as Blackstone Real Estate Services L.L.C.) shall each continue in full force and effect in accordance with their respective terms and (iiic) subject to Section 7.88.8, nothing herein shall relieve any Party party from any liability for any fraud or any willful or and intentional breach by a Party such party of any of its representations, warranties, covenants or agreements set forth in this Agreement.