Condition Precedent - Purchaser. 8.1.1 Purchaser shall have from the date hereof until 5:00 p.m. (Central Standard Time) on April 24, 2003 within which to inspect the Property and to complete such other due diligence regarding the Property as Purchaser in its discretion desires (the "Review Period"). If Purchaser determines that the Property is unsuitable for its purposes or for any other reason or no reason elects not to continue with the transaction contemplated by this Agreement and so notifies Sellers in writing within the Review Period, the Xxxxxxx Money shall be returned to Purchaser, at which time this Agreement shall be null and void and neither party shall have any further rights or obligations under this Agreement except those which expressly survive termination. If Purchaser elects to proceed to Closing, then on or prior to the expiration of the Review Period, Purchaser shall deliver to Sellers written notice of Purchaser's election. Purchaser's failure to terminate this Agreement within the Review Period shall be conclusively deemed a waiver by Purchaser of the condition contained in this Section 8. If applicable, then within ten (10) days of execution of this Agreement, Sellers and Purchaser agree to complete and execute the Disclosure of Information on Lead-Based Paint and/or Lead Based-Paint Hazard, a form of which is attached hereto as EXHIBIT I, and Purchaser acknowledges such form satisfies Sellers' obligations under 40 C.F.R. Part 745.
Condition Precedent - Purchaser. 8.1.1 Purchaser shall have until 5:00 p.m. (Chicago time) on the twenty-fifth (25th) day after the Effective Date within which to inspect the Property (the “Review Period”). If Purchaser determines that the Property is unsuitable for its purposes and so notifies Seller in writing within the Review Period, the Xxxxxxx Money (specifically excluding the Option Fee, which shall be paid to Seller) shall be returned to Purchaser, at which time this Agreement shall be null and void and neither party shall have any further rights or obligations under this Agreement except those which expressly survive termination. Purchaser’s failure to terminate this Agreement within the Review Period shall be conclusively deemed a waiver by Purchaser of the condition contained in this Section 8.1.1.
Condition Precedent - Purchaser. 8.1.1 Purchaser, its affiliates, and their respective officers, directors, employees, partners, agents, advisors, representatives, lawyers, equity sources, and other parties on behalf of Purchaser directly involved in Purchaser’s potential acquisition of the Property, shall have until shall have until 5:00 p.m. (Dallas time) on the expiration of twenty one (21) days after the Effective Date (the “Review Period”) within which to inspect the Property, including but not limited to, the right to make a physical inspection of the Property and to examine at such place or places at the Property, in the offices of the property manager or elsewhere as the same may be located, any operating files maintained by Seller or its property manager at the Property in connection with the leasing, maintenance and/or management of the Property, including, without limitation, the Leases, lease files, service contracts, bills, invoices, receipts and other general records relating to the income and expenses of the Property, correspondence, surveys, plans and specifications, warranties for services and materials provided to the Property. Notwithstanding the foregoing, Seller shall deliver to Purchaser copies of rent rolls, operating statements, environmental assessments, service contract and the Loan Documents (and most recent loan statement). If Purchaser determines that the Property is unsuitable for its purposes and so notifies Seller in writing within the Review Period, the Xxxxxxx Money shall be disbursed to Seller, and this Agreement shall terminate and shall be null and void and neither party shall have any further rights or obligations under this Agreement except those which expressly survive termination. Purchaser’s failure to timely terminate this Agreement prior to the expiration of the Review Period shall deemed an immediate waiver of the Purchaser’s right to terminate this Agreement under this Section 8.1.1 and the Xxxxxxx Money shall be deemed non-refundable except as otherwise specifically provided in this Agreement. Following the expiration of the Review Period, Purchaser may meet with employees of Seller or employees of Xxxxxx’s property manager located at the Property to discuss possible employment of such employees after Closing.
Condition Precedent - Purchaser. 8.1.1 Purchaser shall have from the date hereof until 5:00 p.m. (Central Standard Time) on July 31, 2002 within which to inspect the Property and to complete such other due diligence regarding the Property as Purchaser in its discretion desires (the "Review Period"). If Purchaser determines that the Property is unsuitable for its purposes or for any other reason or no reason elects not to continue with the transaction contemplated by this Agreement and so notifies Sellers in writing within the Review Period, the Xxxxxxx Money shall be returned to Purchaser, at which time this Agreement shall be null and void and neither party shall have any further rights or obligations under this Agreement except those which expressly survive termination. If Purchaser elects to proceed to Closing, then on or prior to the expiration of the
Condition Precedent - Purchaser. 8.1.1 Purchaser shall have until 5:00 p.m. (Central Standard Time) on December 23, 2004, within which to inspect the Property (the “Review Period”). If Purchaser determines, in its sole and absolute discretion, for any reason or no reason, that the Property is unsuitable for its purposes and so notifies Seller in writing within the Review Period, the Xxxxxxx Money shall be returned to Purchaser, at which time this Agreement shall be null and void and neither party shall have any further rights or obligations under this Agreement except those which expressly survive termination. Purchaser’s failure to terminate this Agreement within the Review Period shall be conclusively deemed a waiver by Purchaser of Purchaser’s termination right contained in this Section 8. If applicable, then within ten (10) days of execution of this Agreement, Seller and Purchaser agree to complete and execute the Disclosure of Information on Lead-Based Paint and/or Lead Based-Paint Hazard, a form of which is attached hereto as Exhibit I, and Purchaser acknowledges such form satisfies Seller’s obligations under 40 C.F.R. Part 745.
Condition Precedent - Purchaser. 8.1.1 Purchaser shall have until 5:00 p.m. (Chicago time) on December 4, 2015, within which to inspect the Property (the “Review Period”). If Purchaser determines that the Property is unsuitable for its purposes or for any reason or for no reason and so notifies Seller in writing within the Review Period, and unless such termination results from the circumstances described in Section 2.1.1(i), (ii), (iii) or (iv) hereof, the Initial Xxxxxxx Money shall be paid to Seller, otherwise the Initial Xxxxxxx Money shall be returned to Purchaser, at which time this Agreement shall be null and void and neither party shall have any further rights or obligations under this Agreement except those which expressly survive termination. Purchaser’s failure to terminate this Agreement within the Review Period shall be conclusively deemed a waiver by Purchaser of the condition contained in this Section 8. Within one (1) business day following the Effective Date, Seller shall deliver or make available to Purchaser through an electronic drop-box to the extent feasible, due diligence materials regarding the Property as is typically provided by Seller in accordance with its past business practices (the “Due Diligence Materials”). Except as expressly set forth in Section 10 below, neither Seller, nor any shareholder, officer, director, trustee, beneficiary, member, employee or agent thereof is making or shall be deemed to have made any express or implied representation or warranty of any kind or nature as to any Due Diligence Materials provided, including, but not limited to, representations regarding the accuracy or completeness of any such Due Diligence Materials. Up until the Closing Date, Seller agrees to deliver to Purchaser, or make available at the Property, any additional materials related to the Property reasonably requested by Purchaser in writing, to the extent in Seller’s possession or control, and Seller shall deliver such items within a reasonable time following such request.
Condition Precedent - Purchaser. 8.1.1 Purchaser shall have until 5:00 p.m. (Central Standard Time) on the thirtieth (30th) day after the date of this Agreement within which to inspect the Property (the "Review Period"). If Purchaser determines that the Property is unsuitable for its purposes and so notifies Seller in writing within the Review Period, the Xxxxxxx Money shall be returned to Purchaser, at which time this Agreement shall be null and void and neither party shall have any further rights or obligations under this Agreement except those which expressly survive termination. Purchaser's failure to terminate this Agreement within the Review Period shall be conclusively deemed a waiver by Purchaser of the condition contained in this Section 8.
Condition Precedent - Purchaser. It shall be a condition precedent to Purchaser’s obligation to consummate the Closing hereunder that:
