Common use of Knowledge Defined Clause in Contracts

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's knowledge” shall refer only to the actual knowledge of ▇▇▇▇ ▇▇▇▇▇▇▇, who has been actively involved in the management of Seller's business in respect of the Property. The term “knowledge of Seller” or “to Seller's knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Wells Mid-Horizon Value-Added Fund I LLC), Purchase and Sale Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of ▇▇▇▇ ▇▇▇▇▇, Director of Capital Markets for Seller, and ▇▇▇▇▇▇ ▇▇▇▇, who has been actively involved Director, Asset Management for Seller. Except as set forth in the management of Seller's business in respect of preceding sentence, the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund Xiii L P)

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's knowledge” shall refer only to the actual knowledge of ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇, Senior Vice President, Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the individual individuals named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual individuals named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund I)

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of ▇▇▇▇ ▇▇▇▇▇▇, who has been actively involved in the management of capacity as Vice President-Capital Markets, for Seller's business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund Xiii L P)

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's knowledge” shall refer only to the actual knowledge of S▇▇▇▇ ▇▇▇▇▇▇▇ and D▇▇▇ Story, who each of whom has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the individual individuals named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual individuals named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund Iii L P)

Knowledge Defined. All references in this Agreement to the "knowledge of Seller" or "to Seller's knowledge" shall refer only to the actual knowledge of ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, Managing Director of ▇▇▇▇ Real Estate Funds as agent for Seller, who has been actively involved in the management of Seller's business in respect of the Property. The term "knowledge of Seller" or "to Seller's knowledge" shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund Xiii L P)

Knowledge Defined. All references in this Agreement to the ----------------- "knowledge of Seller” or “to Seller's knowledge” " shall refer only to the actual knowledge of ▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇▇, who each of whom has been actively involved in the management of Seller's business in respect of the PropertyProperty as representatives of ▇▇▇▇▇ Capital, Inc., the general partner of Seller. The term "knowledge of Seller” or “to Seller's knowledge” " shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the individual individuals named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual individuals named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund I)

Knowledge Defined. All references in this Agreement to the "knowledge of Seller" or "to Seller's knowledge" shall refer only to the actual knowledge of D▇▇▇▇ ▇▇▇▇▇▇▇, who has been actively involved in the management of Seller's business in respect of the PropertyProperty in the capacity as Vice President, Asset Management, for Seller. The term "knowledge of Seller" or "to Seller's knowledge" shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, member, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund Ix Lp)

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of T▇▇▇ R▇▇▇▇ M▇▇▇▇▇▇▇, Vice President of Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the Property. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of ▇▇▇▇ ▇▇▇▇▇▇▇, Vice President, Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on either of the individual individuals named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of either of the individual individuals named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund I)

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of S▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Senior Vice President of Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund Ix Lp)

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of ▇▇▇▇ ▇▇▇▇▇▇▇, Associate, Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund Xiii L P)

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of ▇▇▇▇ ▇▇▇▇▇, Director of Capital Markets for Seller, and ▇▇▇▇▇▇ ▇▇▇▇, who has been actively involved in the management of Director, Asset Management for Seller's business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund Xiii L P)

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of ▇▇▇▇ ▇▇▇▇▇▇▇, asset manager for the Property, who has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of ▇▇▇▇ ▇▇▇▇▇▇▇▇, Vice President, Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the PropertyProperty for at least the past three (3) years. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on the individual named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund Xi L P)

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller's ’s knowledge” shall refer only to the actual knowledge of ▇▇▇▇▇▇ ▇▇▇▇▇▇, Associate, Asset Management, who has been actively involved in the management of Seller's ’s business in respect of the Property. The term “knowledge of Seller” or “to Seller's ’s knowledge” shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the individual individuals named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of any of the individual individuals named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund Ix Lp)

Knowledge Defined. All references in this Agreement to the "knowledge ----------------- of Seller” or “to Seller's knowledge” " shall refer only to the actual knowledge of ▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇▇, who each of whom has been actively involved in the management of Seller's business in respect of the PropertyProperty as representatives of ▇▇▇▇▇ Capital, Inc., an affiliate of Seller. The term "knowledge of Seller” or “to Seller's knowledge” " shall not be construed, by imputation or otherwise, to refer to the knowledge of Seller, or any affiliate of Seller, or to any other partner, beneficial owner, officer, director, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the individual individuals named above any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. There shall be no personal liability on the part of the individual individuals named above arising out of any representations or warranties made herein or otherwise.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund I)