Common use of Third Party Beneficiary Clause in Contracts

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.

Appears in 31 contracts

Samples: Contribution Agreement (Strawberry Fields REIT, Inc.), Contribution Agreement (Lodging Fund REIT III, Inc.), Contribution Agreement

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Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofspecifically set forth in this Agreement, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer officer, or employee of any party hereto to this Agreement or any other person or entity.

Appears in 27 contracts

Samples: Contribution Agreement (HC Government Realty Trust, Inc.), Contribution Agreement (HC Government Realty Trust, Inc.), Contribution Agreement (Sutherland Asset Management Corp)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.

Appears in 21 contracts

Samples: Purchase and Sale Agreement (Condor Hospitality Trust, Inc.), Purchase and Sale Agreement (Condor Hospitality Trust, Inc.), Purchase and Sale Agreement (Condor Hospitality Trust, Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights right or any other rights right of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Article V and Sections 6.3 and 6.9 of this Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.

Appears in 17 contracts

Samples: Tower 45 Option Agreement (Tower Realty Trust Inc), Contribution Agreement (Tower Realty Trust Inc), Omnibus Option Agreement (Tower Realty Trust Inc)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, Other than the indemnification provisions hereofin favor of the parties’ owners, directors, officers, employees, agents, attorneys and Affiliates, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.

Appears in 11 contracts

Samples: Contribution Agreement (STAG Industrial, Inc.), Contribution Agreement (STAG Industrial, Inc.), Contribution Agreement (STAG Industrial, Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.

Appears in 11 contracts

Samples: Stockholders Agreement (Walker & Dunlop, Inc.), Contribution Agreement (Walker & Dunlop, Inc.), Stockholders Agreement (Walker & Dunlop, Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholdershareholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.

Appears in 9 contracts

Samples: Assignment and Assumption Agreement, Merger Agreement (QTS Realty Trust, Inc.), Contribution Agreement (QTS Realty Trust, Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.

Appears in 9 contracts

Samples: Contribution Agreement (Meruelo Maddux Properties, Inc.), Contribution Agreement (Meruelo Maddux Properties, Inc.), Contribution Agreement (Meruelo Richard)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Option Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity; provided, however, that Section 5.3 of this Option Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.

Appears in 8 contracts

Samples: Omnibus Option Agreement (Eagle Hospitality Properties Trust, Inc.), Omnibus Option Agreement (Eagle Hospitality Properties Trust, Inc.), Omnibus Option Agreement (Eagle Hospitality Properties Trust, Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Option Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person Person or entity; provided, however, that Article VIII of this Option Agreement shall be enforceable by and shall inure to the benefit of the Persons described therein.

Appears in 6 contracts

Samples: Option Agreement (Ashford Hospitality Prime, Inc.), Option Agreement (Ashford Hospitality Trust Inc), Option Agreement (Ashford Hospitality Prime, Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Ashford Hospitality Prime, Inc.), Purchase and Sale Agreement (Ashford Hospitality Trust Inc), Contribution Agreement (Ashford Hospitality Trust Inc)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, herein (including, without limitation, the indemnification provisions Section 3 hereof), no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholdershareholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.

Appears in 5 contracts

Samples: Registration Rights Agreement (Glowpoint, Inc.), Registration Rights Agreement (Walker & Dunlop, Inc.), Registration Rights Agreement (Walker & Dunlop, Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofincluding in Section 5.2, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholdershareholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.

Appears in 5 contracts

Samples: Contribution Agreement (Walker & Dunlop, Inc.), Contribution Agreement (Walker & Dunlop, Inc.), Contribution Agreement (Eola Property Trust)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.. 8.9

Appears in 4 contracts

Samples: Contribution Agreement (Lodging Fund REIT III, Inc.), Contribution Agreement (Lodging Fund REIT III, Inc.), Contribution Agreement (Lodging Fund REIT III, Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholdershareholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.

Appears in 4 contracts

Samples: Representation and Warranty Indemnification Agreement (Eola Property Trust), Representation and Warranty Indemnification Agreement (Eola Property Trust), Agreement and Plan of Merger (Eola Property Trust)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Contribution Agreement ----------------------- is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Sections 5.2, 5.3, 6.3 and 6.10 of this Contribution Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.

Appears in 4 contracts

Samples: Contribution Agreement (Lasalle Hotel Properties), Contribution Agreement (Lasalle Hotel Properties), Contribution Agreement (Lasalle Hotel Properties)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, in any other agreement to which the indemnification provisions hereofContributors are a party, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.

Appears in 3 contracts

Samples: Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc)

Third Party Beneficiary. Except as may This Agreement does not and shall not be expressly provided construed to itself confer any rights whatsoever upon any person or incorporated by reference hereinentity except the parties to this Agreement, including, without limitation, the indemnification provisions hereof, no provision whether upon a theory of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary or otherwise. Only the parties to this Agreement shall have any rights under or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entitybe entitled to enforce this Agreement.

Appears in 3 contracts

Samples: Sub Transfer Agency Agreement (One Group Mutual Funds), Sub Transfer Agency Agreement (One Group Mutual Funds), Sub Transfer Agency Agreement (One Group Mutual Funds)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights right or any other rights right of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Article V and Section 5.3 of this Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.

Appears in 2 contracts

Samples: Option Agreement (Tower Realty Trust Inc), Option Agreement (Tower Realty Trust Inc)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, other than the Company.

Appears in 2 contracts

Samples: Contribution Agreement (Thomas Properties Group Inc), Contribution Agreement (Thomas Properties Group Inc)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights right or any other rights right of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, except as expressly provided herein.

Appears in 2 contracts

Samples: Contribution Agreement (Tower Realty Trust Inc), Contribution Agreement (Tower Realty Trust Inc)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholdershareholder, partner, member, director, officer or employee of any party Party hereto or any other person or entity.

Appears in 2 contracts

Samples: Merger Agreement (Meruelo Maddux Properties, Inc.), Merger Agreement (Meruelo Maddux Properties, Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofherein (including in Section 3), no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholdershareholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Walker & Dunlop, Inc.), Registration Rights Agreement (Fortress Investment Group LLC)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Contribution ----------------------- Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Sections 6.3 and 6.10 of this Contribution Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.

Appears in 2 contracts

Samples: Contribution Agreement (Lasalle Hotel Properties), Contribution Agreement (Lasalle Hotel Properties)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the Parties to this Agreement.

Appears in 1 contract

Samples: Representation and Warranty Indemnification Agreement (MedAmerica Properties Inc.)

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Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.. Section 8.9

Appears in 1 contract

Samples: Purchase and Sale Agreement

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customerPerson other than the Parties and the Indemnified Parties, affiliate, stockholder, partner, member, director, officer or employee each of any whom is an express third party hereto or any other person or entity.beneficiary of the indemnification provisions of Article VIII. 11.8

Appears in 1 contract

Samples: Advisory Agreement (CaliberCos Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofspecifically set forth in this Agreement, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, manager, director, officer officer, or employee of any party hereto to this Agreement or any other person or entity.

Appears in 1 contract

Samples: Contribution Agreement (Allegiancy, LLC)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofspecifically set forth in this Agreement, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer officer, or employee of any party hereto Party to this Agreement or any other person or entity.

Appears in 1 contract

Samples: Transfer Agreement (National Storage Affiliates Trust)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, Other than the indemnification provisions hereofin favor of the Indemnified Parties, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.

Appears in 1 contract

Samples: Contribution Agreement (Archstone Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights right or any other rights right of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Section 6.3 of this Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.

Appears in 1 contract

Samples: Omnibus Management Company Option Agreement (Tower Realty Trust Inc)

Third Party Beneficiary. Except as may expressly set forth herein with respect to Affiliates of the Parties or with respect to Section 4.04, none of the provisions of this Agreement shall be expressly provided for the benefit of or incorporated enforceable by reference hereinany third party, including, without limitation, the indemnification provisions hereof, including any creditor of any Person and no such third party shall obtain any right under any provision of this Agreement is intended, nor or shall it be interpreted, to provide or create any third party beneficiary rights or any other rights by reasons of any kind such provision make any claim in any customer, affiliate, stockholder, partner, member, director, officer or employee respect of any party hereto Liability (or any other person or entityotherwise) against either Party hereto.

Appears in 1 contract

Samples: Administrative Services Agreement (Mobileye Global Inc.)

Third Party Beneficiary. Except as may This Agreement is not intended to and shall not be expressly provided construed to give any Third Party any interest or incorporated by reference herein, rights (including, without limitation, the indemnification provisions hereof, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights rights) with respect to or in connection with any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer agreement or employee of any party hereto provision contained herein or any other person or entitycontemplated hereby.

Appears in 1 contract

Samples: Service District Road Maintenance Agreement

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference set forth herein, includingthis Agreement is for the sole benefit of the Parties hereto and their successors and permitted assigns, without limitationand there are no express or implied third party beneficiaries hereunder except for Indemnitees specified in ARTICLE 14. Nothing in this Agreement shall be construed as giving any Person, other than the indemnification provisions hereofParties and Indemnitees hereto and their successors and permitted assigns, no provision any right, remedy or claim under or in respect of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entityprovision hereof.

Appears in 1 contract

Samples: Collaboration and Option Agreement (Fate Therapeutics Inc)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any ​ ​ ​ customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.

Appears in 1 contract

Samples: Contribution Agreement (Lodging Fund REIT III, Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereofspecifically set forth in this Agreement, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto to this Agreement or any other person or entity.

Appears in 1 contract

Samples: Contribution Agreement (Net Element International, Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is ----------------------- intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.

Appears in 1 contract

Samples: Contribution and Merger Agreement (Maryland Property Capital Trust Inc)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights right or any other rights right of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity, provided, however, that Article V and Sections 5.3 and 5.9 of this Agreement shall be enforceable by and shall inure to the benefit of the persons described therein.

Appears in 1 contract

Samples: Tower 45 Option Agreement (Tower Realty Trust Inc)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no No provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto Party or any other person or entityPerson.

Appears in 1 contract

Samples: Contribution Agreement (Broadstone Real Estate Access Fund, Inc.)

Third Party Beneficiary. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any customer, affiliateAffiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entityPerson. All provisions hereof shall be personal solely among the parties to this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Carter Validus Mission Critical REIT II, Inc.)

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