Conditions to the Close of Escrow. Escrow shall not close unless and until both parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in this Agreement. Additionally, Buyer’s obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Buyer’s benefit and may be waived only by Buyer:
4.5.1 Seller shall have performed all agreements to be performed by Seller hereunder.
4.5.2 Title Company shall have issued or shall have committed to issue the Title Policy to Buyer, for the amount of the Purchase Price, showing fee title to the Property to be vested in Buyer subject only to the Approved Title Exceptions. If any of the conditions to Close of Escrow are not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement, and this Agreement is terminated, then upon termination of this Agreement, Escrow Holder shall promptly return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer in escrow and to return to Seller all funds and documents deposited by Seller in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, however, the amount of any cancellation charges required to be paid by such party under Section 4.11 below).
Conditions to the Close of Escrow. (a) Conditions Precedent to Xxxxx’s Obligations. The Closing will occur within twenty (20) days after the expiration of the Due Diligence Period (the "Closing") unless extended as provided for herein. Buyer and Seller shall each have the right to extend the Closing and the Due Diligence Period for two successive thirty (30) day periods in order to confirm Xxxxx's ability to purchase the Property and obtain the Entitlements. Buyer's obligation to purchase the Property will also be subject to the following: (i) Seller shall have performed all covenants and obligations, all conditions shall be satisfied, and all representations and warranties shall be true and correct as of the Closing; (ii) the status of title shall be as required in the Purchase and Sale Agreement; (iii) Buyer shall have verified, and Seller shall have confirmed, that no material or adverse developments have occurred with respect to the Property since the execution of the Purchase and Sale Agreement; and (iv) Buyer shall have obtained all necessary financing and internal approvals for the purchase of the Property. Each of the foregoing approvals or verifications will be in the Buyer's sole and absolute discretion and may be waived by Buyer in its sole and absolute discretion.
(b) Each party will bear its own legal expenses in connection with the proposed transaction. Seller will provide Buyer with an ALTA extended coverage title insurance policy issued through the Escrow Agent. Seller will pay the premium attributable to a standard coverage owner's policy and Buyer will pay the difference for the extended coverage and the cost of any survey required for the ALTA extended coverage. Escrow fees will be shared equally between Seller and Buyer. Seller will pay the State of Washington excise tax on the sale and any other transfer taxes or fees. Current real property taxes will be prorated. If the Property is subject to deferred taxes for farm use, forest use, open space land (including any open space taxes assessed by Klickitat County), wildlife overlay or other qualified use classification, Seller will pay any such deferred taxes at Closing. Other Closing expenses will be charged or apportioned according to local custom.
(c) The Close of Escrow and Xxxxx’s obligations with respect to the transaction contemplated by this Agreement are subject to the satisfaction, not later than the Closing Date (unless otherwise provided), of the following conditions:
Conditions to the Close of Escrow. (a) [Intentionally deleted.]
Conditions to the Close of Escrow. Close of Escrow shall not take place unless and until:
Conditions to the Close of Escrow. The Close or Escrow shall not take place unless and until Delivery of Sums and Documents. Both parties have deposited with Escrow Holder all sums and documents required by this Offer.
Conditions to the Close of Escrow. The following are conditions precedent --------------------------------- to the Closing:
Conditions to the Close of Escrow
