Common use of Discharge of Obligations Clause in Contracts

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 86 contracts

Samples: Purchase and Sale Agreement (Newegg Commerce, Inc.), Purchase and Sale Agreement, Purchase and Sale Agreement

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Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive the Closing.

Appears in 23 contracts

Samples: Agreement of Sale and Purchase (Etre Reit, LLC), Operating Agreement (Mack Cali Realty L P), Operating Agreement (Mack Cali Realty L P)

Discharge of Obligations. The Except as otherwise expressly provided herein, the acceptance of the Deed by Purchaser at Closing shall be deemed to be a full performance and discharge of every representation representation, warranty and warranty covenant made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreementhereof, except those which are herein specifically stated and such representations, warranties and covenants shall be deemed to survive merge into the documents delivered at Closing.

Appears in 10 contracts

Samples: Purchase Agreement (Behringer Harvard Mid-Term Value Enhancement Liquidating Trust), Purchase Agreement (Behringer Harvard Opportunity REIT II, Inc.), Purchase Agreement (Behringer Harvard Mid-Term Value Enhancement Liquidating Trust)

Discharge of Obligations. The acceptance of the Deed by Purchaser Buyer shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 10 contracts

Samples: Agreement of Purchase and Sale (Rexford Industrial Realty, Inc.), Purchase and Sale Agreement (CNL Growth Properties, Inc.), Purchase and Sale Agreement and Joint Escrow Instructions (Behringer Harvard Opportunity REIT I, Inc.)

Discharge of Obligations. The acceptance of the Deed by Purchaser of Seller’s Warranty Deed hereunder shall be deemed to be a constitute the full performance and discharge of each and every warranty and representation and warranty made by Seller and Purchaser herein and every agreement and obligation on the part of Seller and Purchaser to be performed pursuant to the provisions terms of this Agreement, except those warranties, representations, covenants and agreements which are herein specifically stated provided in this Agreement to survive Closing.

Appears in 8 contracts

Samples: Purchase and Sale Agreement (Wells Mid-Horizon Value-Added Fund I LLC), Purchase and Sale Agreement (Wells Real Estate Fund Vi L P), Purchase and Sale Agreement (Wells Real Estate Fund I)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of each and every representation and warranty made by Seller herein and every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreementhereunder, except those which are herein specifically stated herein to survive the Closing.

Appears in 6 contracts

Samples: Agreement of Sale and Purchase (Mack Cali Realty L P), Agreement of Sale and Purchase (Mack Cali Realty Corp), Agreement of Sale and Purchase (Mack Cali Realty Corp)

Discharge of Obligations. The acceptance and recording of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing or which by their nature will not be performed or discharged until after Closing.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Town & Country Trust), Purchase and Sale Agreement (Town & Country Trust), Purchase and Sale Agreement (Town & Country Trust)

Discharge of Obligations. The acceptance by Purchaser of the Deed by Purchaser hereunder shall be deemed to be a constitute the full performance and discharge of each and every warranty and representation and warranty made by Seller and Purchaser herein and every agreement and obligation on the part of Seller and Purchaser to be performed pursuant to the provisions terms of this Agreement, except those warranties, representations, covenants and agreements which are herein specifically stated provided in this Agreement to survive Closing.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Wells Real Estate Fund Xiii L P), Purchase and Sale Agreement (Wells Real Estate Fund Xiii L P), Purchase and Sale Agreement (Griffin Capital Essential Asset REIT, Inc.)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall will be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Resource Real Estate Opportunity REIT II, Inc.), Purchase and Sale Agreement (Hines Global REIT, Inc.), Purchase and Sale Agreement (Hines Real Estate Investment Trust Inc)

Discharge of Obligations. The acceptance of the Deed Deeds by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Inland Real Estate Income Trust, Inc.), Purchase and Sale Agreement (Mountain High Acquisitions Corp.)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are . The actual receipt of the Purchase Price by Seller shall be deemed to be a full performance and discharge of every representation and warranty made by Buyer herein specifically stated and every agreement and obligation on the part of Buyer to survive Closing.be performed pursuant to the provisions of this Agreement;

Appears in 2 contracts

Samples: Contract for Purchase and Sale of Real Estate, Contract for Purchase and Sale of Real Estate

Discharge of Obligations. The acceptance of the Deed Deeds by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller Sellers herein and every agreement and obligation on the part of any Seller Entity to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Industrial Property Trust Inc.), Purchase and Sale Agreement (Industrial Property Trust Inc.)

Discharge of Obligations. The acceptance of the Deed Deeds by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive the Closing. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]

Appears in 2 contracts

Samples: Agreement of Sale and Purchase (Mack Cali Realty L P), Agreement of Sale and Purchase (Mack Cali Realty Corp)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 2 contracts

Samples: Agreement, Agreement

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closingthe Closing or are contained in the Closing Documents.

Appears in 2 contracts

Samples: Agreement of Sale and Purchase (Griffin Capital Essential Asset REIT II, Inc.), Agreement of Sale and Purchase (Cole Corporate Income Trust, Inc.)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those those, if any, which are herein specifically stated to survive Closing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (American Industrial Properties Reit Inc), Purchase Agreement (Montgomery Realty Group Inc)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full fall performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those those, if any, which are herein specifically stated to survive Closing.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Tandy Leather Factory Inc), Agreement of Purchase and Sale (Tandy Leather Factory Inc)

Discharge of Obligations. The acceptance of the each Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Nuveen Global Cities REIT, Inc.), Purchase and Sale Agreement (Corporate Office Properties Trust)

Discharge of Obligations. The acceptance of the Deed and the Xxxx of ------------------------ Sale by Purchaser at Closing shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this AgreementContract, except those which are herein specifically stated to survive Closing.

Appears in 1 contract

Samples: Contract of Sale (Compucom Systems Inc)

Discharge of Obligations. The Except as otherwise expressly provided herein, Purchaser’s acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation all of the obligations of Seller and warranty made each Seller hereunder and all of Seller’s representations, warranties, covenants and agreements herein shall merge in the documents and agreements executed at the Closing by Seller herein and every agreement each Seller and obligation on shall not survive the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement agreement, condition, undertaking and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing. The provisions of this Section 10.2 shall survive Closing.

Appears in 1 contract

Samples: Lease Agreement (Kite Realty Group Trust)

Discharge of Obligations. The acceptance of the Deed Deeds by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller Sellers herein and every agreement and obligation on the part of Seller Sellers to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Strategic Opportunity REIT, Inc.)

Discharge of Obligations. The acceptance of the Deed Deeds and the Ground Lease Assignment by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 1 contract

Samples: Lease Agreement (Carter Validus Mission Critical REIT II, Inc.)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall will be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those those, if any, which are herein specifically expressly stated to survive the Closing.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Apple Residential Income Trust Inc)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing...

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (Behringer Harvard Short Term Opportunity Fund I Lp)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty pre-Closing covenant made by Seller herein and DOCSBHM\2172820\7 NAI-1502721402v4 every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (CNL Growth Properties, Inc.)

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Discharge of Obligations. The acceptance of the Deed by Purchaser ------------------------ shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Overseas Partners LTD)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.. 4171958.3 13662.94208

Appears in 1 contract

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

Discharge of Obligations. The acceptance of the Deed deed by Purchaser Buyer shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein with respect to the purchase and sale transaction contemplated herein, and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, with respect to the purchase and sale transaction contemplated herein, except those those, if any, which are herein specifically expressly stated to survive the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing or which otherwise exist pursuant to the documents executed and delivered by Seller to Purchaser at Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.)

Discharge of Obligations. The acceptance of the each Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by the applicable Seller herein and every agreement and obligation on the part of such Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated either to survive or to be performed after Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Amerivest Properties Inc)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated either to survive or to be performed after Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Amerivest Properties Inc)

Discharge of Obligations. The acceptance of the Deed by Purchaser shall will be deemed to be a full performance and discharge of every representation and warranty made by Seller herein in this Agreement and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein in this Agreement specifically stated to survive Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Blackbaud Inc)

Discharge of Obligations. The acceptance of the Deed (and other Lease assignment) by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pennsylvania Real Estate Investment Trust)

Discharge of Obligations. The acceptance by Purchaser of the Deed by Purchaser hereunder shall be deemed to be a constitute the full performance and discharge of each and every warranty and representation and warranty made by Seller and Purchaser herein and every agreement and obligation on the part of Seller and Purchaser to be performed pursuant to the provisions terms of this Agreement, except those warranties, representations, covenants, indemnities and agreements which are herein specifically stated provided in this Agreement to survive Closing.

Appears in 1 contract

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

Discharge of Obligations. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing and except for the provisions of the Closing documents which expressly state that they are to survive Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ml Eq Real Estate Portfolio L P)

Discharge of Obligations. The Subject to Section 18.14, the acceptance of the Deed and Ground Lease Assignment by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, in each case except those which are herein specifically stated to survive the Closing.

Appears in 1 contract

Samples: Letter Agreement (Mack Cali Realty L P)

Discharge of Obligations. The acceptance of the Deed Deeds by Purchaser Buyer shall be deemed to be a full performance and discharge of every representation and warranty made by Seller Sellers herein and every agreement and obligation on the part of Seller Sellers to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive ClosingClosing or are set forth in the Transaction Documents.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Industrial Property Trust Inc.)

Discharge of Obligations. The acceptance of the Deed by Purchaser and the acceptance by Seller of the Purchase Price shall be deemed to be a full performance and discharge of every representation and warranty made by Seller or Purchaser, as applicable, herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing, but only with respect to the Property to which the Deed or Purchase Price pertains.

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (Rexford Industrial Realty, Inc.)

Discharge of Obligations. The acceptance of the Deed deed by Purchaser at Closing shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those those, if any, which are herein specifically stated to survive Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Atrix Laboratories Inc)

Discharge of Obligations. The acceptance of the Deed Deeds by Purchaser and the Purchase Price by Seller shall be deemed to be a full performance and discharge of every representation and warranty made by Seller the other party herein and every agreement and obligation on the part of Seller such party to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Trinity Place Holdings Inc.)

Discharge of Obligations. The acceptance of the Deed Deeds by Purchaser shall be deemed to be a full performance and discharge of every representation and warranty made by Seller herein and every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which are herein specifically stated to survive the Closing.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Mack Cali Realty Corp)

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