Buyer’s Right to Terminate. If any Parcel is deemed or treated as a Removed Parcel, then (unless otherwise specifically set forth in this Agreement): (a) the Purchase Price for all Parcels minus the Removed Parcel (the “Remaining Parcels”) shall be reduced by an amount equal to the Allocated Purchase Price for the Removed Parcel, (b) the Allocated Deposit for the Removed Parcel shall be returned to Buyer and the Deposit shall be reduced accordingly, (c) Buyer and Seller shall each be liable for one-half of any escrow fees or charges allocated to the Removed Parcel, (d) Buyer and Seller shall promptly execute and deliver to Escrow Agent or the Title Company such documents as the parties, Escrow Agent or the Title Company may reasonably require to evidence the withdrawal of the Removed Parcel, (e) all instruments in escrow relating solely to such Removed Parcel shall be returned to the Party depositing the same, (f) Buyer shall return all items relating to such Removed Parcel previously delivered by Seller to Buyer at Seller’s written request (without representation or warranty of any kind, express or implied), (g) all of Seller’s and Buyer’s rights, liabilities, obligations, representations and warranties with respect to such Removed Parcel shall be void and of no further force and effect, except for any indemnity obligations of any Party with respect to such Removed Parcel pursuant to the provisions of this Agreement or as otherwise expressly stated in this Agreement to survive termination of this Agreement with respect to the Removed Parcel and (h) all of Seller’s and Buyer’s rights, liabilities, obligations, representations and warranties with respect to the Remaining Parcels, together with all of the other applicable terms of this Agreement, shall remain in full force and effect with respect to all Remaining Parcels. The provisions of this Section 6.3.2 shall survive the Closing or earlier termination of this Agreement.
Buyer’s Right to Terminate. Buyer shall have the right, by providing Seller with thirty (30) days' prior written notice, to terminate this Agreement upon the occurrence of any of the following events, any one of which shall be considered a "Seller Default":
(a) Seller discontinues the Modems;
(b) Seller is adjudged bankrupt;
(c) Seller files a voluntary petition in bankruptcy or liquidation or for the appointment of a receiver;
(d) Filing of an involuntary petition to have Seller declared bankrupt, or subject to receivership, provided that such petition is not vacated or set aside within ninety (90) days from the date of filing;
(e) The execution by Seller of any assignment for the benefit of creditors; or
(f) Seller breaches any material provision of this Agreement and fails to cure such material breach within thirty (30) days from receipt of written notice describing the breach.
(g) Seller, after receiving written notice from Buyer, fails to make product deliveries as provided in this Agreement, unless such failure is cured within thirty (30) days of Seller receiving such written notice from Buyer.
Buyer’s Right to Terminate. If Seller fails to Remove any Title Objection (other than Required Removal Items) prior to Closing that it has agreed to remove pursuant to subsection (A) above, then Buyer shall be able to Terminate this Agreement by written notice to Seller on or prior to the Closing Date and thereafter the parties shall have no further rights or obligations hereunder except for those which expressly survive any such termination.
Buyer’s Right to Terminate. In the alternative, Buyer shall have the right, in its sole discretion, with or without cause, on or before the Approval Date (if Objection Notice has not been given) or the Objection Deadline (if Objection Notice has been given), to terminate its obligation to purchase the Property by giving Seller written notice of termination ("the Termination Notice"). If the Termination Notice is timely given, Seller shall direct the Title Company promptly to return the Deposit to Buyer and neither party shall have any further obligations or liability hereunder except as expressly set forth in this Agreement, including without limitation sections 6.2 and 24 hereof. In the event that Buyer does not tender to Seller the Objection Notice or the Termination Notice prior to the Approval Date or the Objection Deadline, as applicable: (a) the Deposit shall be non-refundable; and (b) Buyer shall have no further rights to the Deposit, and no further right to terminate this Agreement, except pursuant to sections 9.1, 13, or 18.1.
Buyer’s Right to Terminate. If any such Title Objection is not so cured on or before the Title Cure Deadline, then Buyer may Terminate this Agreement by notice to Seller within five (5) Business Days after the Title Cure Deadline. Failure of Buyer to respond within such period shall be deemed an election by Buyer to waive such Title Objections and proceed to Closing. Any such Title Objection so waived (or deemed waived) by Buyer shall be deemed to constitute a Permitted Title Exception and the Closing shall occur as herein provided without any reduction of or credit against the Purchase Price.
Buyer’s Right to Terminate. Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the “Termination Notice”) during the Due Diligence Period (or any agreed-upon written extension of the Due Diligence Period),
Buyer’s Right to Terminate. Buyer may terminate this Contract for any reason by notifying Seller before the end of the Inspection Period.
Buyer’s Right to Terminate. If Buyer determines, in its sole and absolute discretion, that any of the aforementioned conditions have not been met, Buyer shall have the right to terminate this Agreement at any time prior to the Closing upon written notice to Seller.
Buyer’s Right to Terminate. Buyer has the right to terminate this Purchase Order in whole or in part at any time by written notice to Seller. In such event, Seller may claim only properly supported out- of-pocket costs plus a reasonable amount of demonstrable overhead for work already performed, all to be determined in Buyer’s discretion. For specially made products unique to this Purchase Order, any partially completed work or raw materials whose full costs are included in the aforesaid termination charges shall be identified in writing and held by Seller for disposition in accordance with Buyer’s written instructions. The foregoing notwithstanding, Buyer reserves the right to cancel all or any part of the undelivered portion of this Purchase Order, without liability, in addition to Buyer's other rights and remedies, if Seller breaches any of the terms and conditions of this Purchase Order.
Buyer’s Right to Terminate. If Buyer determines during the Inspection Period that the Property is not suitable for Buyer's intended use for any reason, Buyer shall have the right to terminate this Agreement by providing written notice thereof to Seller before expiration of the Inspection Period, whereupon the Xxxxxxx Money, less the Independent Consideration, shall be refunded to Buyer, and in such event neither Party hereto shall have any further rights or obligations under this Agreement, except for those rights and obligations which expressly survive the termination of this Agreement.
