Definition of Pre-Closing Unscheduled Extraordinary Litigation

Pre-Closing Unscheduled Extraordinary Litigation means any litigation, lawsuit or proceeding filed against any of the Owner Entities or to which any Acquired Property is subject with respect to any specific single (or series of) facts, circumstances or conditions arising, occurring, relating or otherwise attributable to the period prior to the Closing, to the extent not covered by insurance proceeds (which insurance proceeds Operating Partnership agrees to pursue), other than with respect to such facts, circumstances or conditions constituting Pre-Closing Ordinary Obligations, and specifically excluding the Scheduled Litigation.
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