Common use of Breach of Closing Obligations Clause in Contracts

Breach of Closing Obligations. If the Seller or the Purchaser fails to comply with any material obligation in Clause 4.2 and Schedule 1, the Purchaser, in the case of non-compliance by the Seller, or the Seller, in the case of non-compliance by the Purchaser, shall be entitled (in addition to and without prejudice to all other rights or remedies available, including the right to claim damages) by written notice to the other: 4.3.1 to terminate this Agreement (other than the Surviving Provisions) without liability on its part; 4.3.2 to effect Closing so far as practicable having regard to the defaults which have occurred; or 4.3.3 to fix a new date for Closing (being not more than 20 Business Days after the date set for Closing) in which case the provisions of this Clause 4 shall apply to Closing as so deferred but provided such deferral may only occur once.

Breach of Closing Obligations. If the Seller or the Purchaser fails to comply with any material obligation in Clause 4.2 Clauses 6.3 and 6.4 and Schedule 13, the Purchaser, in the case of non-compliance by the Seller, or the Seller, in the case of non-compliance by the Purchaser, shall be entitled (in addition to and without prejudice to all other rights or remedies available, including the right to claim damages) by written notice Notice to the other: 4.3.1 6.5.1 to terminate this Agreement (other than the Surviving ProvisionsClauses 1, 12, 13.6 to 13.22) without liability on its part; 4.3.2 6.5.2 to effect Closing so far as practicable having regard to the defaults which have occurred; or 4.3.3 6.5.3 to fix a new date for Closing (not being not more than 20 10 Business Days after the agreed date set for Closing) in which case the provisions of this Clause 4 Schedule 3 shall apply to Closing as so deferred but provided such deferral may only occur once.