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” or any words of similar import shall refer only to the actual knowledge of ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ (the property manager) and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (the asset manager) who have been actively involved in the management of Seller’s business in respect of the Property in the capacities of representatives of BVT Management Services, Inc., an affiliate of Seller. The terms “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import 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, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the 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 individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to “the “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import shall refer only to the actual (and not constructive) knowledge of S▇▇▇▇▇ ▇▇▇▇▇, T▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ and J▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ (the property manager) and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (the asset manager) who have each of whom has been actively involved in the management of Seller’s business in respect of the Property in the capacities of representatives Senior Property Manager, Senior Vice President and Senior Vice President, respectively, of BVT Management ServicesCousins, Inc., an affiliate of Sellerwithout inquiry or any imputed or constructive knowledge. The terms term “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import 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 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 individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import shall refer only to the actual knowledge of ▇. ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ (the property manager) and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (the asset manager) , who have been actively involved in the management of Seller’s business in respect of the Property in the capacities of representatives Director of BVT Management ServicesDispositions and Asset Manager, respectively for ▇▇▇▇▇ Capital, Inc., an affiliate of Seller. The terms “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import 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, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the 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 individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import shall refer only to the actual knowledge of ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇Vice President, Asset Management, and ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ (the property manager) and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (the asset manager) Vice President, Construction, who have been actively involved in the management of Seller’s business in respect of the Property in the capacities of representatives of BVT Management Servicescapacity as Asset Manager and Construction Manager, Inc.respectively, an affiliate of for Seller. The terms term PURCHASE AND SALE AGREEMENT CH2M HILL GAINESVILLE, FLORIDA 16 “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import 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 either of the 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 individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import shall refer only to the actual knowledge of ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇Managing Director of ▇▇▇▇▇ ▇▇▇▇▇ (the property manager) Real Estate Funds, and ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Senior Vice President, Director-Asset Management of ▇▇▇▇▇ (the asset manager) Real Estate Funds, who have has been actively involved in the management of Seller’s business in respect of the Property in the capacities of representatives of BVT Management Services, Inc., an affiliate of capacity as Asset Manager for Seller. The terms term “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import 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 either of the 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 individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of "Seller” 's knowledge" or “to Seller’s knowledge” or any words of similar import like effect shall refer only to the actual knowledge of ▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇. ▇▇▇▇▇ and ▇▇▇▇ ▇▇. ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ (the property manager) and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (the asset manager) who have each of whom has been actively involved in the management of Seller’s 's business in respect of the Property in the capacities of representatives of BVT Management ServicesPresident, Inc.Office Division, an affiliate Senior Vice President, Senior Vice President and Vice President, respectively, of Seller. The terms “knowledge of term "Seller” or “to Seller’s 's knowledge” or any words of similar import " 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, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the 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 individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import shall refer only to the actual knowledge of ▇▇▇▇ ▇▇▇▇▇▇▇▇, Regional Vice President of Property Management, and ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ (the property manager) and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (the asset manager) who have Senior Vice President, Real Estate Group each of whom has been actively involved in the management of Seller’s business in respect of the Property in the capacities set forth herein on behalf of representatives of BVT Management Services▇▇▇▇▇ Capital, Inc., an affiliate of Seller. The terms “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import 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, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the 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 individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import shall refer only to the actual knowledge of ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ (the property manager) and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (the asset manager) who have has been actively involved in the management of Seller’s business in respect of the Property in the capacities capacity as Asset Manager for Seller, the actual knowledge of representatives ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇, Chief Investment Officer for Seller, and the actual knowledge of BVT Management Services▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, Inc., an affiliate Managing Director of Dispositions for Seller. The terms term “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import 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 any of the 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 individuals named above arising out of any representations or warranties made herein or otherwise.

Knowledge Defined. All references in this Agreement to the “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import shall refer only to the actual knowledge of ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ and ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ (each of whom is familiar with the property manager) day-to-day operation of the Property and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (the asset manager) who have has been actively involved in the management of Seller’s business in respect of the Property in the capacities of representatives of BVT Management Services▇▇▇▇▇ Capital, Inc., an affiliate of Seller. The terms “knowledge of Seller” or “to Seller’s knowledge” or any words of similar import 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, agent, manager, representative or employee of Seller, or any of their respective affiliates, or to impose on any of the 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 individuals named above arising out of any representations or warranties made herein or otherwise.