Common use of Section 1031 Exchange Clause in Contracts

Section 1031 Exchange. Either party may structure the disposition or acquisition of the Property, as the case may be, as a like-kind exchange under Internal Revenue Code Section 1031 at the exchanging party’s sole cost and expense. The other party shall reasonably cooperate therein, provided that such other party shall incur no material costs, expenses or liabilities in connection with the exchanging party’s exchange. If either party uses a qualified intermediary to effectuate an exchange, any assignment of the rights or obligations of such party hereunder shall not relieve, release or absolve such party of its obligations to the other party. The exchanging party shall indemnify, defend and hold harmless the other party from all liability in connection with the indemnifying party’s exchange, and the indemnified party shall not be required to take title to or contract for the purchase of any other property. The provisions of this Section 11.12 shall survive the Closing.

Appears in 4 contracts

Samples: Real Estate Sale Agreement (Mack Cali Realty L P), Lease Agreement (KBS Strategic Opportunity REIT, Inc.), Real Estate Sale Agreement (Behringer Harvard Reit I Inc)

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Section 1031 Exchange. Either party may structure the disposition or acquisition of the Property, as the case may be, as a like-kind exchange under Internal Revenue Code Section 1031 at the exchanging party’s sole cost and expense. The other party shall reasonably cooperate therein, provided that such other party shall incur no material costs, expenses or liabilities in connection with the exchanging party’s exchange. If either party uses a qualified intermediary to effectuate an exchange, any assignment of the rights or obligations of such party hereunder shall not relieve, release or absolve such party of its obligations to the other party. The exchanging party shall indemnify, defend and hold harmless the other party from all liability in connection with the indemnifying party’s exchange, and the indemnified party shall not be required to take title to or contract for the purchase of any other property. The provisions of this Section 11.12 12.10 shall survive the Closing.

Appears in 2 contracts

Samples: Real Estate Sale Agreement, Real Estate Sale Agreement (Equity Commonwealth)

Section 1031 Exchange. Either party may structure the disposition or acquisition of the Property, as the case may be, as a like-kind exchange under Internal Revenue Code Section 1031 at the exchanging party’s sole cost and expense. The other party shall reasonably cooperate therein, provided that such other party shall incur no material costs, delay, expenses or liabilities in connection with the exchanging party’s exchange. If either party uses a qualified intermediary to effectuate an exchange, any assignment of the rights or obligations of such party hereunder shall not relieve, release or absolve such party of its obligations to the other party. The exchanging party shall indemnify, defend and hold harmless the other party from all liability in connection with the indemnifying party’s exchange, and the indemnified party shall not be required to take title to or contract for the purchase of any other property. The provisions of this Section 11.12 shall survive the Closing.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Hines Real Estate Investment Trust Inc)

Section 1031 Exchange. Either party Party ("Exchanging Party") may structure the disposition or acquisition of the Property, as the case may be, Assignment as a like-kind exchange under Internal Revenue Code Section 1031 at the exchanging party’s said Party's sole cost and expense. The other party Party shall reasonably cooperate therein, provided that such the other party Party shall incur no material costs, expenses or liabilities (including the other Party's reasonable attorneys' fees) in connection with the exchanging party’s exchange. If either party uses a qualified intermediary to effectuate an Exchanging Party's exchange, any assignment of and provided that said exchange does not delay the rights Initial or obligations of such party hereunder shall not relieve, release or absolve such party of its obligations to the other partyFinal Closing by more than five (5) business days. The exchanging party Exchanging Party shall indemnify, defend and hold harmless the other party from all liability in connection with the indemnifying party’s exchange, Party harmless therefrom and the indemnified party other Party shall not be required to take title to or contract for the purchase of any other property. The provisions If the Exchanging Party uses a qualified intermediary to effectuate the exchange, any assignment of this Section 11.12 the rights or obligations of the Exchanging Party hereunder shall survive not relieve, release or absolve the ClosingExchanging Party of its obligations to the other Party.

Appears in 1 contract

Samples: Agreement to Assign Option Agreement and Option Agreement (Eagle Exploration Co)

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Section 1031 Exchange. Either party may structure the disposition or acquisition of the Property, as the case may be, as a like-kind exchange under Internal Revenue Code Section 1031 at the exchanging party’s sole cost and expense. The other party shall reasonably cooperate thereincooperate, provided that such other party shall incur no material costs, expenses expenses, or liabilities in connection with the exchanging party’s exchange. If either party uses a qualified intermediary to effectuate an exchange, any assignment of the rights or obligations of such party hereunder shall not relieve, release release, or absolve such party of its obligations to the other party. The exchanging party shall indemnify, defend defend, and hold harmless the other party from all liability in connection with the indemnifying party’s exchange, and the indemnified party shall not be required to take title to or contract for the purchase of any other property. The provisions of this This Section 11.12 12.12 shall survive the Closing.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Dividend Capital Total Realty Trust Inc.)

Section 1031 Exchange. Either party may structure the disposition or acquisition of the Property, as the case may be, as a like-kind exchange under Internal Revenue Code Section 1031 at the exchanging party’s 's sole cost and expense. The other party shall reasonably cooperate therein, provided that such other party shall incur no material costs, expenses or liabilities in connection with the exchanging party’s 's exchange. If either party uses a qualified intermediary to effectuate an exchange, any assignment of the rights or obligations of such party hereunder shall not relieve, release or absolve such party of its obligations to the other party. The exchanging party shall indemnify, defend and hold harmless the other party from all liability in connection with the indemnifying party’s 's exchange, and the indemnified party shall not be required to take title to or contract for the purchase of any other property. The provisions of this Section 11.12 12.12 shall survive the Closing.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Bedford Property Investors Inc/Md)

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