Common use of Section 1031 Exchange Clause in Contracts

Section 1031 Exchange. Seller may structure the disposition of the Property as a like-kind exchange under Internal Revenue Code Section 1031 at Seller’s sole cost and expense. Purchaser shall reasonably cooperate therein, provided that Purchaser shall incur no material costs, expenses or liabilities in connection with Seller’s exchange. Seller shall indemnify, defend and hold Purchaser harmless therefrom and Purchaser shall not be required to take title to or contract for purchase of any other property. If Seller uses a qualified intermediary to effectuate the exchange, any assignment of the rights or obligations of Seller hereunder shall not relieve, release or absolve Seller of its obligations to Purchaser.

Appears in 2 contracts

Samples: Real Estate Sale Agreement (Paladin Realty Income Properties Inc), Real Estate Sale Agreement (Berkshire Income Realty Inc)

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Section 1031 Exchange. Seller (a) Buyer may structure the disposition of the Property as a like-kind exchange under Internal Revenue Code Section 1031 at SellerBuyer’s sole cost and expense. Purchaser Seller shall reasonably cooperate therein, provided that Purchaser Seller shall incur no material costs, expenses or liabilities in connection with SellerBuyer’s exchange. Seller Buyer shall indemnify, defend and hold Purchaser Seller harmless therefrom and Purchaser Seller shall not be required to take title to or contract for purchase of any other property. If Seller Buyer uses a qualified intermediary to effectuate the exchange, any assignment of the rights or obligations of Seller Buyer hereunder shall not relieve, release or absolve Seller Buyer of its obligations to PurchaserSeller.

Appears in 1 contract

Samples: Purchase Agreement (Superior Drilling Products, Inc.)

Section 1031 Exchange. (a) Seller may structure the disposition of the Property as a like-kind exchange under Internal Revenue Code Section 1031 at Seller’s sole cost and expense. Purchaser shall reasonably cooperate therein, provided that Purchaser shall incur no material costs, expenses or liabilities in connection with Seller’s exchange. Seller shall indemnify, defend and hold Purchaser harmless therefrom and Purchaser shall not be required to take title to or contract for purchase of any other property. If Seller uses a qualified intermediary to effectuate the exchange, any assignment of the rights or obligations of Seller hereunder shall not relieve, release or absolve Seller of its obligations to Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Global Medical REIT Inc.)

Section 1031 Exchange. (A) Seller may structure the disposition of the Property as a like-kind exchange under Internal Revenue Code Section 1031 at Seller’s sole cost and expense. Purchaser shall reasonably cooperate therein, provided that Purchaser shall incur no material costs, expenses or liabilities in connection with Seller’s exchange. Seller shall indemnify, defend and hold Purchaser harmless therefrom and Purchaser shall not be required to take title to or contract for purchase of any other property. If Seller uses a qualified intermediary to effectuate the exchange, any assignment of the rights or obligations of Seller hereunder shall not relieve, release or absolve Seller of its obligations to PurchaserPurchaser hereunder. The provisions of this Section 13.7(A) shall survive the Closing and the delivery of the Deed.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (MVP REIT II, Inc.)

Section 1031 Exchange. Seller Sellers may structure the disposition of the Property as a like-kind exchange under Internal Revenue Code Section 1031 at Seller’s Sellers' sole cost and expense. Purchaser shall reasonably cooperate therein, provided that Purchaser shall incur no material costs, expenses or liabilities in connection with Seller’s exchangeSellers' exchanges. Seller Sellers shall indemnify, defend and hold Purchaser harmless therefrom and Purchaser shall not be required to take title to or contract for purchase of any other property. If Seller uses Sellers use a qualified intermediary to effectuate the exchange, any assignment of the rights or obligations of Seller Sellers hereunder shall not relieve, release or absolve Seller Sellers of its obligations to Purchaser.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Boston Capital Real Estate Investment Trust Inc)

Section 1031 Exchange. Seller may structure the disposition of the Property as a like-like- kind exchange under Internal Revenue Code Section 1031 at Seller’s 's sole cost and expense. Purchaser shall reasonably cooperate therein, provided that Purchaser shall incur no material costs, expenses or liabilities in connection with Seller’s 's exchange. Seller shall indemnify, defend and hold Purchaser harmless therefrom and Purchaser shall not be required to take title to or contract for purchase of any other property. If Seller uses a qualified intermediary to effectuate the exchange, any assignment of the rights or obligations of Seller hereunder shall not relieve, release or absolve Seller of its obligations to Purchaser.

Appears in 1 contract

Samples: Real Estate Purchase Agreement (Home Properties of New York Inc)

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Section 1031 Exchange. 9.1 Seller may structure the disposition of the Property as a like-kind exchange under Internal Revenue Code Section 1031 at Seller’s ' sole cost and expense. Purchaser shall reasonably cooperate therein, provided that Purchaser shall incur no material costs, expenses or liabilities in connection with Seller’s exchange' exchanges. Seller shall indemnify, defend and hold Purchaser harmless therefrom and Purchaser shall not be required to take title to or contract for purchase of any other property. If Seller uses use a qualified intermediary to effectuate the exchange, any assignment of the rights or obligations of Seller hereunder shall not relieve, release or absolve Seller of its obligations to Purchaser.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Boston Capital Real Estate Investment Trust Inc)

Section 1031 Exchange. Seller 9.1 Sellers may structure the disposition of the Property or any Individual Property as a like-kind exchange under Internal Revenue Code Section 1031 at Seller’s Sellers' sole cost and expense. Purchaser shall reasonably cooperate therein, provided that Purchaser shall incur no material costs, expenses or liabilities in connection with Seller’s exchangeSellers' exchanges. Seller Sellers shall indemnify, defend and hold Purchaser harmless therefrom and Purchaser shall not be required to take title to or contract for purchase of any other property. If Seller uses Sellers use a qualified intermediary to effectuate the exchange, any assignment of the rights or obligations of Seller Sellers hereunder shall not relieve, release or absolve Seller Sellers of its obligations to Purchaser.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Boston Capital Real Estate Investment Trust Inc)

Section 1031 Exchange. Seller may structure the disposition of the Property as a like-kind exchange under Internal Revenue Code Section 1031 at Seller’s 's sole cost and expense. Purchaser shall reasonably cooperate therein, provided that Purchaser shall incur no material costs, expenses or liabilities in connection with Seller’s 's exchange. Seller shall indemnify, defend and hold Purchaser harmless therefrom and Purchaser shall not be required to take title to or contract for purchase of any other property. If Seller uses a qualified intermediary to effectuate the exchange, any assignment of the rights or obligations of Seller hereunder shall not relieve, release or absolve Seller of its obligations to Purchaser.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Boston Capital Real Estate Investment Trust Inc)

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