CONDITIONS TO SELLER'S CLOSING. The continued accuracy in all material respects of the representations and warranties set forth in Section 3.03 above shall be a condition precedent to the Seller's obligation to close hereunder. If any representation or warranty set forth in Section 3.03 above shall not be correct in any material respect at or before closing, Seller may terminate this Agreement and retain the Deposit pursuant to Section 7.02 hereof.
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CONDITIONS TO SELLER'S CLOSING. The continued accuracy in all material respects of the representations and warranties set forth in Section §3.03 above shall be a condition precedent to the Seller's ’s obligation to close hereunder. If any representation or warranty set forth in Section §3.03 above shall not be correct in any material respect at or before closing, Seller may terminate this Agreement and retain the Deposit pursuant without prejudice to Section 7.02 hereofor limitation on Seller’s remedies on account of breach or default of contract by Buyer.
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Samples: Sale and Purchase Agreement (Dividend Capital Total Realty Trust Inc.)
CONDITIONS TO SELLER'S CLOSING. The continued accuracy in all material respects of the representations and warranties set forth in Section 3.03 above shall be a condition precedent to the Seller's obligation to close hereunder. If any representation or warranty set forth in Section 3.03 above shall not be correct in any material respect at or before closing, Seller may terminate this Agreement and retain the Deposit pursuant without prejudice to Section 7.02 hereofor limitation on Seller's remedies on account of breach or default of contract by Buyer.
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CONDITIONS TO SELLER'S CLOSING. The continued accuracy in all material respects of the representations and warranties set forth in Section §3.03 above shall be a condition precedent to the Seller's ’s obligation to close hereunder. If any representation or warranty set forth in Section §3.03 above shall not be correct in any material respect at or before closing, Seller may terminate this Agreement and retain the Deposit pursuant upon written notice to Section 7.02 hereofBuyer of its election to do so, without prejudice to or limitation on Seller’s remedies on account of breach or default hereunder by Buyer.
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Samples: Sale and Purchase Agreement (Dividend Capital Total Realty Trust Inc.)