Merger Provision. Except as otherwise expressly provided herein, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at Closing and shall not survive Closing.
Appears in 16 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Resource Real Estate Investors 7, L.P.), Purchase and Sale Agreement (Global Growth Trust, Inc.)
Merger Provision. Except as otherwise expressly provided herein, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at Closing Closing, and shall not survive Closing.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (NNN 2003 Value Fund LLC), Purchase and Sale Agreement (Resource Real Estate Opportunity REIT II, Inc.), Purchase and Sale Agreement (Columbia Equity Trust, Inc.)
Merger Provision. Except as otherwise expressly provided herein, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed deed and other instruments executed at Closing, shall terminate at Closing Closing, and shall not survive Closing.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (American Realty Capital New York Recovery Reit Inc), Purchase and Sale Agreement (American Realty Capital New York Recovery Reit Inc), Purchase and Sale Agreement (American Realty Capital New York Recovery Reit Inc)
Merger Provision. Except as otherwise expressly provided set forth herein, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed Deeds and other instruments executed at Closing, shall terminate at the Closing and shall not survive the Closing. Notwithstanding anything contained herein to the contrary, all other provisions of this Agreement which are intended by their terms to survive the Close of Escrow or a termination of this Agreement shall survive the Close of Escrow or a termination of this Agreement.
Appears in 2 contracts
Samples: And Purchase (Maguire Properties Inc), Agreement to Sell and Purchase
Merger Provision. Except as otherwise expressly provided set forth herein, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall not merge with the Grant Deed and other instruments executed at Closing, shall terminate at Closing and shall not survive the Closing.
Appears in 2 contracts
Samples: Agreement (Applied Micro Circuits Corp), Purchase and Sell (Applied Micro Circuits Corp)
Merger Provision. Except as otherwise expressly provided herein, any and all rights of action of Purchaser Buyer for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at Closing and shall not survive Closing.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Agreement of Purchase and Sale (Resource Real Estate Investors 7, L.P.)
Merger Provision. Except as otherwise expressly provided set forth herein, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Grant Deed and other instruments executed at Closing, shall terminate at the Closing and shall not survive the Closing. Notwithstanding anything contained herein to the contrary, all other provisions of this Agreement which are intended by their terms to survive the Close of Escrow or a termination of this Agreement shall survive the Close of Escrow or a termination of this Agreement.
Appears in 1 contract
Merger Provision. Except as otherwise expressly provided hereinherein or in any instrument or agreement provided by Seller to Purchaser at Closing, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at the Closing, shall terminate at the Closing and shall not survive the Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Griffin Capital Essential Asset REIT II, Inc.)
Merger Provision. Except as otherwise expressly provided herein, any and ---------------- all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at Closing and shall not survive Closing.
Appears in 1 contract
Merger Provision. Except as otherwise expressly provided herein, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed of Sale and other instruments executed at Closing, shall terminate at Closing and shall not survive Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Merger Provision. Except as otherwise where expressly provided hereinin this Agreement, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at Closing and shall not survive the Closing.
Appears in 1 contract
Merger Provision. Except as otherwise expressly provided herein, any ---------------- and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at Closing and shall not survive Closing.
Appears in 1 contract
Merger Provision. Except as may otherwise be expressly provided herein, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at Closing Closing, and shall not survive Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Arden Realty Inc)
Merger Provision. Except as otherwise expressly provided herein, ---------------- any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at Closing and shall not survive Closing.
Appears in 1 contract
Merger Provision. Except as otherwise expressly provided herein, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed Assignment of Hotel Leases and other instruments executed at Closing, shall terminate at Closing and shall not survive Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Carey Watermark Investors Inc)
Merger Provision. Except as otherwise expressly provided herein, including, without limitation, SECTION 4.6 of this Agreement, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at Closing and shall not survive Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Merger Provision. Except as otherwise expressly provided herein, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at the Closing and shall not survive the Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (American Realty Capital New York City REIT, Inc.)
Merger Provision. Except as otherwise expressly provided herein, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at Closing Closing, and shall not survive Closing. This Section 11 shall survive Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)
Merger Provision. Except as otherwise expressly provided herein, including without limitation, SECTION 4.6 of this Agreement, any and all rights of action of Purchaser for any breach by Seller of any representation, warranty or covenant contained in this Agreement shall merge with the Deed and other instruments executed at Closing, shall terminate at Closing and shall not survive Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
