TO VENUE AND JURISDICTION) BY INSTITUTING A LEGAL ACTION OR OTHER
COURT PROCEEDING IN ORDER TO PROTECT OR ENFORCE THE RIGHTS OF SUCH PARTY UNDER
THIS CONTRACT OR TO PREVENT IRREPARABLE HARM AND INJURY.
THE COURT'S
JURISDICTION OVER ANY SUCH EQUITABLE MATTER, HOWEVER, SHALL BE EXPRESSLY LIMITED
ONLY TO THE TEMPORARY, PRELIMINARY, OR PERMANENT EQUITABLE RELIEF SOUGHT; ALL
OTHER CLAIMS INITIATED UNDER THIS CONTRACT BETWEEN THE PARTIES HERETO SHALL BE
DETERMINED THROUGH FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THIS
SECTION 13.25.
13.26
AIMCO MARKS.
PURCHASER AGREES THAT SELLER, THE PROPERTY MANAGER OR
AIMCO, OR THEIR RESPECTIVE AFFILIATES, ARE THE SOLE OWNERS OF ALL RIGHT, TITLE
AND INTEREST IN AND TO THE AIMCO MARKS (OR HAVE THE RIGHT TO USE SUCH AIMCO
MARKS PURSUANT TO LICENSE AGREEMENTS WITH THIRD PARTIES) AND THAT NO RIGHT,
TITLE OR INTEREST IN OR TO THE AIMCO MARKS IS GRANTED, TRANSFERRED, ASSIGNED OR
CONVEYED AS A RESULT OF THIS CONTRACT.
PURCHASER FURTHER AGREES THAT PURCHASER
WILL NOT USE THE AIMCO MARKS FOR ANY PURPOSE.
13.27
NON-SOLICITATION OF EMPLOYEES.
PURCHASER ACKNOWLEDGES AND AGREES
THAT, WITHOUT THE EXPRESS WRITTEN CONSENT OF SELLER, NEITHER PURCHASER NOR ANY
OF PURCHASER'S EMPLOYEES, AFFILIATES OR AGENTS SHALL (A) PRIOR TO THE EXPIRATION
OF THE FEASIBILITY PERIOD, SOLICIT ANY OF SELLER' EMPLOYEES OR ANY EMPLOYEES
LOCATED AT THE PROPERTY FOR POTENTIAL EMPLOYMENT, OR (B) AT ANY TIME, SOLICIT
ANY OF SELLER' AFFILIATES' EMPLOYEES LOCATED AT ANY OTHER PROPERTY OWNED BY SUCH
AFFILIATES FOR POTENTIAL EMPLOYMENT.
13.28
SURVIVAL.
EXCEPT FOR (A) ALL OF THE PROVISIONS OF THIS ARTICLE 13
(OTHER THAN SECTION 13.19 AND 13.21), AND (B) ANY PROVISION OF THIS CONTRACT
WHICH EXPRESSLY STATES THAT IT SHALL SO SURVIVE, AND (C) ANY PAYMENT OBLIGATION
OF PURCHASER UNDER THIS CONTRACT (THE FOREGOING (A), (B) AND (C) REFERRED TO
HEREIN AS THE "SURVIVAL PROVISIONS"), NONE OF THE TERMS AND PROVISIONS OF THIS
CONTRACT SHALL SURVIVE THE TERMINATION OF THIS CONTRACT, AND, IF THE CONTRACT IS
NOT SO TERMINATED, ALL OF THE TERMS AND PROVISIONS OF THIS CONTRACT (OTHER THAN
THE SURVIVAL PROVISIONS) SHALL BE MERGED INTO THE CLOSING DOCUMENTS AND SHALL
NOT SURVIVE CLOSING.
13.29
MULTIPLE PURCHASERS.
AS USED IN THIS CONTRACT, THE TERM "PURCHASER"
MEANS ALL ENTITIES ACQUIRING ANY INTEREST IN THE PROPERTY AT THE CLOSING,
INCLUDING, WITHOUT LIMITATION, ANY ASSIGNEE(S) OF THE ORIGINAL PURCHASER
PURSUANT TO SECTION 13.3 OF THIS CONTRACT.
IN THE EVENT THAT "PURCHASER" HAS
ANY OBLIGATIONS OR MAKES ANY COVENANTS, REPRESENTATIONS OR WARRANTIES UNDER THIS
CONTRACT, THE SAME SHALL BE MADE JOINTLY AND SEVERALLY BY ALL ENTITIES BEING A
PURCHASER HEREUNDER.
IN THE EVENT THAT SELLER RECEIVES NOTICE FROM ANY ENTITY
BEING A PURCHASER HEREUNDER, THE SAME SHALL BE DEEMED TO CONSTITUTE NOTICE FROM
ALL ENTITIES BEING A PURCHASER HEREUNDER.
IN THE EVENT THAT ANY ENTITY BEING A
PURCHASER HEREUNDER TAKES ANY ACTION, BREACHES ANY OBLIGATION OR OTHERWISE ACTS
PURSUANT TO THE TERMS OF THIS CONTRACT, THE SAME SHALL BE DEEMED TO BE THE
ACTION OF THE OTHER ENTITY(IES) BEING A PURCHASER HEREUNDER AND THE ACTION OF
"PURCHASER" UNDER