Common use of Nothing contained in this Clause in Contracts

Nothing contained in this. Section 6.1 shall be deemed to prohibit Equitable, at its own expense, from instituting any actions or proceedings in its own name against any Tenant or Adjoining Owner after the Closing in order to collect the amount of any delinquencies due in whole or in part to Equitable from such Tenant or Adjoining Owner; provided, however, that in no event shall Equitable be entitled in any such action or proceeding to seek to evict any Tenant or Adjoining Owner or to recover possession of its space. If requested by Equitable, Purchaser shall join in any such action or proceeding, or permit the same to be bought in Purchaser's name or in the names of Equitable and Purchaser, all at Equitable's sole cost and expense. Purchaser shall not waive or settle any delinquency owed in whole or in part to Equitable without the prior written consent of Equitable.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Simon Debartolo Group Inc), Purchase and Sale Agreement (Macerich Co)