Common use of Buyer’s Right of Termination Clause in Contracts

Buyer’s Right of Termination. If Buyer determines that it is not satisfied with the Premises and all matters relating thereto as a result of Buyer's inspection, Buyer shall have the right to terminate this Agreement, for any reason or no reason whatsoever ("Termination Notice") at any time prior to 5:00 p.m. Eastern Standard Time on March 31, 2005 (the "Outside Termination Date"). The period from the date hereof to 5:00 p.m. Eastern Standard Time on the Outside Termination Date is hereinafter referred to as the "Inspection Period". Upon giving the Termination Notice, this Agreement shall immediately terminate (except for the indemnity obligations of Buyer to Seller under this Agreement which shall survive termination of this Agreement, and any other terms of this Agreement which survive such termination) and the Deposit shall be returned to Buyer, as Buyer's sole and exclusive remedy. Except as may otherwise be expressly provided in this Agreement, Buyer shall be deemed to have consented to every fact, item and condition relating to the Property (including, without limitation, all encumbrances and other title exceptions contained in the Title Commitment and all matters set forth in or illustrated by the Survey Plan) if a Termination Notice is not delivered by Buyer prior to the expiration of the Inspection Period. Buyer's failure to deliver the Termination Notice prior to the expiration of the Inspection Period shall be deemed a waiver of Buyer's right to terminate this Agreement under this Paragraph 20 or by reason of the physical condition of the Premises or any other matter whatsoever relating to the Premises and shall constitute Buyer's unconditional obligation to deposit the Second Deposit with Escrowee in accordance with Paragraph 3 hereof and, in such event, failure to timely make the Second Deposit shall constitute a default by Buyer hereunder.

Appears in 1 contract

Samples: Agreement of Sale (Berkshire Income Realty Inc)

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Buyer’s Right of Termination. If Buyer determines that it is not satisfied with the Premises and all matters relating thereto as a result of Buyer's inspectionthereto, Buyer shall have the right to terminate this Agreement, for any reason or no reason whatsoever whatsoever, by giving Seller written notice ("Termination Notice") at any time on or prior to 5:00 p.m. Eastern Standard Time on March 3130, 2005 (the "Outside Termination Date")2004. The period from the date hereof Effective Date to 5:00 p.m. Eastern Standard Time on the Outside Termination Date March 30, 2004 is hereinafter referred to as the "Inspection Period". Upon giving the Termination Notice, this Agreement shall immediately terminate (except for the indemnity obligations of Buyer to and Seller under this Agreement which shall survive termination of this Agreement, and any other terms of this Agreement which survive such termination) and the Deposit shall be returned to Buyer, as Buyer's ’s sole and exclusive remedy. Except as may otherwise be expressly provided in this Agreement, Buyer shall be deemed to have consented waived its right to object to every fact, item and condition relating to the Property (including, without limitation, all encumbrances and other title exceptions contained in the Title Commitment and all matters set forth in or illustrated by the Survey Plan) if a Termination Notice is not delivered by Buyer on or prior to the expiration of the Inspection Period. Buyer's ’s failure to deliver the Termination Notice prior to the expiration of the Inspection Period shall be deemed a waiver of Buyer's ’s right to terminate this Agreement under this Paragraph 20 or by reason of the physical condition of the Premises or any other matter whatsoever relating to the Premises and shall constitute Buyer's unconditional obligation to deposit the Second Deposit with Escrowee in accordance with Paragraph 3 hereof and, in such event, failure to timely make the Second Deposit shall constitute a default by Buyer hereunder(c).

Appears in 1 contract

Samples: Agreement of Sale (Corporate Office Properties Trust)

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Buyer’s Right of Termination. If Buyer determines that it is not satisfied with the Premises and all matters relating thereto as a result of Buyer's ’s inspection, Buyer shall have the right to terminate this Agreement, for any reason or no reason whatsoever whatsoever, by giving Seller written notice ("Termination Notice") at any time prior to 5:00 p.m. Eastern Standard Time on March 31February 28, 2005 (the "Outside Termination Date")2005. The period from the date hereof January 3, 2005 to 5:00 p.m. Eastern Standard Time on the Outside Termination Date February 28, 2005 is hereinafter referred to as the "Inspection Period". Upon giving the Termination Notice, this Agreement shall immediately terminate (except for the indemnity obligations of Buyer to Seller under this Agreement and Seller’s rights as set forth in Paragraph 23(g) which shall survive termination of this Agreement, and any other terms of this Agreement which survive such termination) and the Deposit shall be returned to Buyer, as Buyer's ’s sole and exclusive remedy. Except as may otherwise be expressly provided in this Agreement, Buyer shall be deemed to have consented to every fact, item and condition relating to the Property (including, without limitation, all encumbrances and other title exceptions contained in the Title Commitment and all matters set forth in or illustrated by the Survey Plan) if a Termination Notice is not delivered by Buyer prior to the expiration of the Inspection Period. Buyer's ’s failure to deliver the Termination Notice prior to the expiration of the Inspection Period shall be deemed a waiver of Buyer's ’s right to terminate this Agreement under this Paragraph 20 19 or by reason of the physical condition of the Premises or any other matter whatsoever relating to the Premises and shall constitute Buyer's unconditional obligation to deposit the Second Deposit with Escrowee in accordance with Paragraph 3 hereof and, in such event, failure to timely make the Second Deposit shall constitute a default by Buyer hereunderbecome non-refundable.

Appears in 1 contract

Samples: Agreement of Sale (Hines Real Estate Investment Trust Inc)

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