Common use of By Either Party Clause in Contracts

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Seller if the Closing Date of the transaction contemplated in SECTION 1.1 shall not have occurred on or before December 31, 2002, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Seller Sellers if the Closing Date of the transaction contemplated in SECTION Section 1.1 shall not have occurred on or before December August 31, 20022003, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Seller if the Closing Date of the transaction contemplated in SECTION 1.1 shall not have occurred on or before December 31, 20022001, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer and Outback or the Seller Partnerships and General Partners, if the Closing Date of the transaction contemplated in SECTION Section 1.1 shall not have occurred on or before December 31July 30, 20022003, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Seller if the Closing Date of the transaction contemplated in SECTION Section 1.1 shall not have occurred on or before December August 31, 20022003, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Seller if the Closing Date of the transaction contemplated in SECTION 1.1 shall not have occurred on or before December 31June 15, 20022000, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Seller if the Closing Date of the transaction contemplated in SECTION Section 1.1 shall not have occurred on or before December 31October 1, 20022003, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Seller if the Closing Date of the transaction contemplated in SECTION 1.1 shall not have occurred on or before December 31June 30, 2002, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Seller Company if the Closing Date of the transaction contemplated in SECTION 1.1 shall not have occurred on or before December 31November 30, 20021999, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.