City’s Conditions. Provided that the failure of any condition to be satisfied is not due to the City’s Default under this Agreement, the City’s obligation to sell the CSU Property to CSU on the Closing Date shall be conditioned upon the satisfaction, or the City’s signed written xxxxxx, of each of the following conditions precedent on or before the Closing Date:
City’s Conditions. City’s obligation to close Escrow is conditioned upon the satisfaction or written waiver by City of each and every one of the conditions precedent (i) through (vii) inclusive, described below (the “City’s Conditions Precedent”), which are solely for the benefit of City, and which shall be satisfied or waived by the time periods provided for herein:
City’s Conditions. The Close of Escrow and CITY’s obligation to sell the School Property pursuant to this Agreement are conditioned on each of the following first occurring:
City’s Conditions. The obligations of the City to perform this Agreement are subject to the satisfaction of each of the following conditions (any of which may be waived by the City, in whole or in part):
City’s Conditions. Each of the following shall constitute a condition precedent to the obligations of City to close the Escrow and may be waived only by a written waiver executed by City and delivered to District and to Escrow Holder:
City’s Conditions. 2.4.2.1 Developer shall have submitted to the City Manager, and the City Manager shall have reasonably approved, (a) a Project Budget, (b) executed term sheets or commitment letters for one or more loans (each a “Construction Loan”) and other financing from external sources (including proposed joint ventures and partnerships) to finance development of the Lodge Project, and (c) evidence in a form reasonably satisfactory to City (which City agrees may include a certificate signed by the chief financial officer of Developer in the form attached hereto as Exhibit D) demonstrating that Developer has or will have access to sufficient additional equity/capital funds to cover the difference between costs of development of the Lodge Project (as shown in the Project Budget) and the amount available to Developer from the Construction Loan(s) and other financing from external sources.
City’s Conditions. 2.5.2.1 The representations and warranties of Optionee contained in this Agreement being true and correct in all material respects.
City’s Conditions. In addition to all other applicable conditions set forth herein, the obligation of City to consummate the Closing shall be contingent upon the following: (i) Horizon shall have performed all of its obligations under this Agreement to be performed by the Closing Date, including in accordance with this Section 2; (ii) and Horizon’s representations and warranties set forth herein shall be true and correct in all material respects as of the Closing Date. So long as a party is not in default hereunder, if any condition to such party’s obligation to proceed with the Closing has not been satisfied as of the Closing Date, such party may, in its sole discretion, elect to: (i) postpone the Closing up to 5 days or until the condition has been satisfied by delivering written notice to the other party on or before the Closing Date; (ii) terminate this Agreement; or (iii) proceed to close, notwithstanding the non-satisfaction of such condition, in which event such party shall be deemed to have waived any such condition; provided that any such waiver of a condition shall NOT relieve a party from any liability it would otherwise have if the failure of a party to satisfy a condition also constitutes a default hereunder or breach of any other provision hereof by such party.
City’s Conditions. The closing of this transaction is conditional until 4:30 p.m. on April 16, 2021 upon satisfaction of the following condition, which only the City may, at its sole option and discretion, waive:
City’s Conditions. The obligation of the City to convey the Property to Developer shall be subject to the satisfaction, at or prior to the Closing, of all of the following conditions, in addition to any other conditions set forth in this Agreement any one or more of which may be waived by the City (except for the condition specified in subsection (f) below):
