Common use of Buyers Review Clause in Contracts

Buyers Review. Notice of Closing"), or notice that this Agreement is terminated ("Notice of Termination"). If Buyer fails to give either Notice of Closing or Conditional Notice of Closing by the end of the Review Period, Buyer shall be deemed to have given Notice of Termination. Upon Buyer's giving of Notice of Closing, pursuant to either this paragraph or the following paragraph, or upon Seller's cure of Buyer's objections, as provided in the following paragraph, the Deposit will become nonrefundable, except in the case of Seller's default hereunder. If Buyer gives Conditional Notice of Closing, the Closing shall be postponed as set forth in this paragraph, and Seller shall have until 2 o'clock P.M., Seattle time, on May 30, 1997 ("Seller's Response Date"), to respond to the title objections in Buyer's Conditional Notice of Closing. If Seller agrees to and does correct all title defects set forth in Buyer's Conditional Notice of Closing, Seller shall so notify Buyer, and the Closing shall be held on the tenth day after Seller gives notice to Buyer either that all such defects have been corrected or that they will be corrected at the Closing. If Seller is unwilling or unable to correct to Buyer's satisfaction all such defects (provided that correction of defects objected to in the title commitment or survey may be accomplished either by removing such defects or, with the express consent of Buyer, by arranging for the title insurance policy to insure over such defects; and provided further that Seller may use the Purchase Price or any portion thereof to cure any such defects which may be cured by instruments recorded on the Date of Closing), Seller shall, at any time on or before Seller's Response Date, so notify Buyer, provided that if Seller fails to give such notice, Seller shall be deemed to have notified Buyer that Seller is unwilling or unable to cure all defects to which Buyer has objected. Buyer shall, on or before the tenth day after Seller's notice, in its sole discretion, either (i) notify Seller that it shall waive said defect(s) and proceed the closing, as set out in section 3 hereof ("Notice of Closing"), in which case the Closing shall be held on the tenth day after Buyer's notice, or (ii) give Notice of Termination, provided that if Buyer fails to give such notice, Buyer shall be deemed to have given Notice of Termination. If any day specified in this paragraph falls on a holiday in King County, Washington, that day shall automatically be continued to the next business day in said county. Upon Buyer's actual or deemed giving Notice of Termination, the Deposit shall be refunded and this Agreement shall become null and void, and neither party shall be liable to the other for damages or otherwise, except as otherwise expressly provided herein.

Buyers Review. Buyer shall have until 5 o'clock P.M., Boston time, on December 8, 1995 ("the Review Period") (a) to obtain and review a commitment for title insurance and a survey; (b) to make or have made such reasonable non-destructive inspections as it desires of the Premises, including, without limitation, the interior, exterior, and structure of all improvements, and the condition of soils and subsurfaces; and (c) to review all of Seller's financial records, contracts, and leases relating to the Premises. All such items shall be obtained and reviewed at Buyer's sole cost and expense, except as otherwise expressly provided herein. If Buyer has any objection to any of the matters set out in (a), (b), or (c) of this section 4, it may either notify Seller in writing of such objection on or before the end of the Review Period ("Notice of ClosingObjection"), provided that with such notice Buyer shall provide Seller with copies of all written materials which provide or notice evidence the basis of any such objection, or notify Seller in writing that this Agreement is terminated ("Notice of Termination"). If Buyer fails Any matters not objected to give either Notice of Closing or Conditional Notice of Closing by in writing as herein provided shall be deemed waived. Upon the end expiration of the Review Period, Buyer shall be deemed to have given Period without Notice of Objection or Notice of Termination. Upon Buyer's giving of Notice of Closing, pursuant to either this paragraph or the following paragraphas provided herein, or upon Seller's cure of Buyer's objections, as provided in the following paragraph, or upon Buyer's actual or deemed notification to Seller that Buyer will proceed notwithstanding Seller's failure to cure Buyer's objections, as provided in the following paragraph, the Deposit will become nonrefundable, except in the case of Seller's default hereunder. If Buyer gives Conditional Notice of Closing, the Closing shall be postponed as set forth in this paragraph, and Seller shall have until 2 o'clock P.M., Seattle time, on May 30, 1997 ("Seller's Response Date"), to respond to the title objections in Buyer's Conditional Notice of Closing. If Seller agrees to and does correct all title defects set forth in Buyer's Conditional Notice of Closing, Seller shall so notify Buyer, and the Closing shall be held on the tenth day after Seller gives notice to Buyer either that all such defects have been corrected or that they will be corrected at the Closing. If Seller is unwilling or unable to correct to Buyer's satisfaction all such defects to which Buyer has objected within 30 days after receipt of Notice of Objection (provided that correction of defects objected to in the title commitment or survey may be accomplished either by removing such defects or, with the express consent of Buyer, or by arranging for the title insurance policy to insure over such defects; and provided further that Seller may use the Purchase Price or any portion thereof to cure any such defects which may be cured by instruments recorded on the Date of Closing, or later if arrangements are made which are satisfactory to Buyer and the Title Company), Seller shall, at any time on or before Seller's Response Datethe end of said 30-day period, so notify Buyer, provided that if Seller fails to give such notice, Seller shall be deemed to have notified Buyer on the 30th day after receipt of Notice of Objection that Seller is unwilling or unable to cure all defects to which Buyer has objected. Buyer shall, on within ten days after Seller has given or before the tenth day after Seller's is deemed to have given said notice, in its sole discretion, either (i) notify Seller that it shall waive said defect(s) and proceed the to closing, as set out in section 3 hereof ("Notice of Closing"), in which case the Closing shall be held on the tenth day after Buyer's noticehereof, or (ii) give Notice of Termination, provided that if Buyer fails to give such notice, Buyer shall be deemed to have given notified Seller that it shall waive all defects and proceed to closing. Upon receipt of Notice of Termination. If any day specified in this paragraph falls on a holiday in King County, Washington, that day shall automatically be continued to the next business day in said county. Upon Buyer's actual or deemed giving Notice of Termination, Termination the Deposit shall be refunded and this Agreement shall become null and void, and neither party shall be liable to the other for damages or otherwise, except as otherwise expressly provided herein.

Buyers Review. Buyer shall have until 5 o'clock P.M., Boston time, on June 30, 1997 (the "Review Period") (a) to obtain and review a commitment for title insurance and a survey; (b) to make or have made such reasonable non-destructive inspections as it desires of the Premises, including, without limitation, the interior, exterior, and structure of all improvements, and the condition of soils and subsurfaces; and (c) to review all of Seller's financial records, contracts, and leases relating to the Premises. Notwithstanding the foregoing, Buyer shall have until July 15, 1997, to obtain lender's approval for matters set forth in (a) and (b) above. All such items shall be obtained and reviewed at Buyer's sole cost and expense, except as otherwise expressly provided herein. If Buyer has any objection to any of the matters set out in (a), (b), or (c) of this section 4, it may either notify Seller in writing of such objection on or before the end of the Review Period ("Notice of ClosingObjection"), provided that with such notice Buyer shall provide Seller with copies of all written materials which provide or notice evidence the basis of any such objection, or notify Seller in writing that this Agreement is terminated ("Notice of Termination"). If Buyer fails Any matters not objected to give either Notice of Closing or Conditional Notice of Closing by in writing as herein provided shall be deemed waived. Upon the end expiration of the Review Period, Buyer shall be deemed to have given Period without Notice of Objection or Notice of Termination. Upon Buyer's giving of Notice of Closing, pursuant to either this paragraph or the following paragraphas provided herein, or upon Seller's cure of Buyer's objections, as provided in the following paragraph, or upon Buyer's actual or deemed notification to Seller that Buyer will proceed notwithstanding Seller's failure to cure Buyer's objections, as provided in the following paragraph, the Deposit will become nonrefundable, except in the case of Seller's default hereunder. If Buyer gives Conditional Notice of Closing, the Closing shall be postponed as set forth in this paragraph, and Seller shall have until 2 o'clock P.M., Seattle time, on May 30, 1997 ("Seller's Response Date"), to respond to the title objections in Buyer's Conditional Notice of Closing. If Seller agrees to and does correct all title defects set forth in Buyer's Conditional Notice of Closing, Seller shall so notify Buyer, and the Closing shall be held on the tenth day after Seller gives notice to Buyer either that all such defects have been corrected or that they will be corrected at the Closing. If Seller is unwilling or unable to correct to Buyer's satisfaction all such defects to which Buyer has objected within 30 days after receipt of Notice of Objection (provided that correction of defects objected to in the title commitment or survey may be accomplished either by removing such defects or, with the express consent of Buyer, or by arranging for the title insurance policy to insure over such defects; and provided further that Seller may use the Purchase Price or any portion thereof to cure any such defects which may be cured by instruments recorded on the Date of Closing, or later if arrangements are made which are satisfactory to Buyer and the Title Company), Seller shall, at any time on or before Seller's Response Datethe end of said 30-day period, so notify Buyer, provided that if Seller fails to give such notice, Seller shall be deemed to have notified Buyer on the 30th day after receipt of Notice of Objection that Seller is unwilling or unable to cure all defects to which Buyer has objected. Buyer shall, on within ten days after Seller has given or before the tenth day after Seller's is deemed to have given said notice, in its sole discretion, either (i) notify Seller that it shall waive said defect(s) and proceed the to closing, as set out in section 3 hereof ("Notice of Closing"), in which case the Closing shall be held on the tenth day after Buyer's noticehereof, or (ii) give Notice of Termination, provided that if Buyer fails to give such notice, Buyer shall be deemed to have given notified Seller that it shall waive all defects and proceed to closing. Upon receipt of Notice of Termination. If any day specified in this paragraph falls on a holiday in King County, Washington, that day shall automatically be continued to the next business day in said county. Upon Buyer's actual or deemed giving Notice of Termination, Termination the Deposit shall be refunded and this Agreement shall become null and void, and neither party shall be liable to the other for damages or otherwise, except as otherwise expressly provided herein.