Buyer’s Termination. The Buyer shall have the right to terminate this Contract forthwith upon giving notice in the event that:
Buyer’s Termination. Notwithstanding the above, if Buyer can provide substantial evidence that the Property is subject to Material Adverse Environmental Conditions or Material Defects that, when totaled together would expose Buyer to costs to remedy or cure, or the potential for exposure for claims, damages, penalties, assessments or costs in excess of ten percent (10%) of the Purchase Price, Buyer, in its sole discretion, may terminate this Agreement.
Buyer’s Termination. Buyer may terminate this Agreement if:
Buyer’s Termination. Provided Buyer is not then in material breach of this Agreement, Buyer shall have the option to terminate this Agreement if Seller is in material breach of its obligations under this Agreement as of the Closing Date. Notwithstanding anything to the contrary contained herein, except for Seller's obligation to deliver the documents necessary to close the Escrow for the Property, as provided in Section 7.2 above, which shall be performed as required pursuant thereto, Seller shall not be in default under this Agreement prior to the Closing Date unless Seller’s failure to perform its obligations hereunder remains uncured for a period of thirty (30) days after Seller's receipt of written notice from Buyer of such default (except that in the event Seller commences to cure such default within such thirty (30) day period and diligently proceeds to cure such default thereafter, Seller shall not be in default hereunder so long as Seller is proceeding diligently to effect such cure and such cure is effected within ninety (90) days of the notice of default). In the event of Seller's default prior to the Closing Date, after the expiration of any notice and cure period specified above, Buyer’s sole and exclusive remedy, at law or in equity, shall be either: (a) terminate this Agreement by giving written notice of termination to Seller whereupon the Title Company will return the Deposit to Buyer, Seller shall reimburse Buyer for the reasonable documented costs of its Due Diligence Investigation, and attorneys’ fees incurred in the transaction, and both Buyer and Seller will be relieved of any further obligations or liabilities hereunder, except for any indemnity and confidentiality obligations set forth herein or (b) in the alternative, xxx Seller for specific performance of Seller's obligations under this Agreement; provided, however, that in the event Buyer elects to xxx Seller for specific performance of Seller's obligations under this Agreement, such action shall be commenced within sixty (60) days following the expiration of the cure period specified above without Seller having effected such cure and, in the event such action for specific performance is not commenced within such sixty (60) day period, Buyer shall be deemed to have waived any and all rights it may have to xxx Seller for specific performance of Seller's obligations under this Agreement. Notwithstanding the foregoing, nothing contained in this Section will affect Buyer’s rights to recover attorneys’ fee...
Buyer’s Termination. If there is a material breach or default by Seller in the performance of Seller’s obligations under this Agreement (including, but not limited to an attempt to terminate this Agreement that is not specifically authorized herein) which is not cured by Seller within a reasonable period (but not more than five (5) Business Days) after written notice of such breach or default from Buyer to Seller, then, Buyer, at its option and as its sole and exclusive remedy, may either (i) terminate this Agreement, direct Escrow Agent to deliver the Xxxxxxx Money to Buyer and retain the Xxxxxxx Money at which time this Agreement shall automatically terminate, and shall be deemed null and void and of no further force or effect, and neither party shall have any rights or obligations against or to the other except those which expressly survive such termination or (ii) specifically enforce the provisions of this Agreement provided such action seeking specific performance is initiated within ninety (90) days of the scheduled Closing Date. Buyer agrees to, and does hereby, waive all other remedies against Seller which Buyer might otherwise have at law or in equity by reason of such default by Seller.
Buyer’s Termination. If Seller is unable to convey title to the Property, Buyer may, at Buyer's option, terminate this Contract by written notice forwarded to Seller prior to the Closing Date or delivered to Seller on the Closing Date or earlier date as specified in this Contract for such notice of termination. If Buyer elects to terminate this Contract pursuant to a right to do so expressly given to Buyer in this Contract, the Earnxxx Xxxey Deposit shall be promptly refunded to Buyer on written instruction to the Title Company signed only by Buyer, and neither party shall have any further obligation or liability to the other party hereunder. If the Earnxxx Xxxey Deposit is to be returned to Buyer in accordance with this Contract, Seller shall promptly, on written request from Buyer, execute and deliver such documents as may be required to cause the Title Company to return the Earnxxx Xxxey Deposit to Buyer.
Buyer’s Termination. If Buyer elects to terminate this Agreement in accordance with Sections 3.1.4 or 3.2, Buyer shall deliver the Termination Notice to Seller and Escrow Holder on or before the Decision Date. If Buyer elects to terminate this Agreement in accordance with Sections 4.4 or 4.5, then on or before the dates specified therein, Buyer shall deliver a Termination Notice to Seller and Escrow Holder that Buyer elects to terminate this Agreement pursuant to said Sections. Buyer’s failure to timely deliver such termination notice pursuant to said Sections of this Agreement shall constitute Buyer’s waiver of Buyer’s right to terminate this Agreement pursuant to said Sections. If Buyer timely elects to terminate this Agreement pursuant to Sections 3.1.4, 3.2, 4.4 or 4.5, Escrow Holder shall deliver the Deposit to Buyer, less fifty percent (50%) of any Escrow termination fee, and Escrow Holder shall return to the depositor thereof any other materials previously placed in Escrow and remaining in Escrow; and neither party shall thereafter have any further rights or obligations under this Agreement unless expressly provided otherwise herein.
Buyer’s Termination. Buyer may terminate this Agreement, pursuant to any notice requirements set forth herein, (a) for any or no reason on or before August 15, 2018, (b) upon Seller Default (defined in Section 10.B below), or (c) in accordance with any other term or condition of this Agreement.
Buyer’s Termination. (a) THIS AGREEMENT MAY BE TERMINATED BY BUYER PRIOR TO THE CLOSING IF ANY OF THE CONDITIONS PRECEDENT TO BUYER’S OBLIGATIONS SET FORTH IN SECTION 5.2 HAVE NOT BEEN SATISFIED OR WAIVED BY BUYER ON OR PRIOR TO THE CLOSING DATE FOR ANY REASON OTHER THAN BUYER’S BREACH OR DEFAULT UNDER THIS AGREEMENT, IN WHICH CASE, ESCROW AGENT SHALL DISBURSE THE DEPOSIT TO BUYER, AS BUYER’S SOLE AND EXCLUSIVE REMEDY, AND UPON SUCH DISBURSEMENT THIS AGREEMENT SHALL BE OF NO FURTHER FORCE OR EFFECT, EXCEPT FOR THOSE PROVISIONS WHICH EXPRESSLY SURVIVE SUCH TERMINATION.
Buyer’s Termination. Buyer may at any time for its convenience terminate any order, in whole or in part, by written or by facsimile notice, or by verbal notice confirmed in writing. If an order is terminated for Buyer's convenience, any claim of Seller shall be settled on the basis of the reasonable costs it has incurred in the performance of that order, plus five percent (5%).
