Contingency Date. By the Contingency Date, Buyer shall have the right to deliver to Seller, in its sole and absolute discretion, written approval of all inspections, investigations, tests and studies with respect to the matters set forth in Section 2.2 (the “Approval Notice”). In the event Buyer has not provided Seller, by the Contingency Date, with the Approval Notice, Buyer’s inspections, investigations, tests and studies set forth in Section 2.2 shall be deemed to be disapproved, and this Agreement shall terminate. Upon such termination, (a) each party shall promptly execute and deliver to Escrow Holder such documents as Escrow Holder may reasonably require to evidence such termination, (b) Escrow Holder shall return all documents to the respective parties who delivered such documents to Escrow, (c) Escrow Holder shall remit the Initial Deposit together with any accrued interest on such funds to Seller and the Additional Deposit together with any accrued interest on such funds to Buyer, (d) the cancellation charges required to be paid by and to Escrow Holder and the Title Company shall be borne by Seller, if any, (e) Buyer shall return to Seller all Property Information in Buyer’s possession relating to the Property, and any Due Diligence Reports (subject to Section 2.2(a)(1)(x)), (f) the respective obligations of Buyer and Seller under this Agreement shall terminate and (g) each party shall bear its own costs hereunder. For clarity, the termination of this Agreement for any reason shall not terminate the parties’ rights and obligations that expressly survive this Agreement, nor the parties’ rights and obligations with respect to the Access Agreement or any confidentiality agreement between the parties, which shall remain in full force and effect in accordance with their terms. If Buyer provides the Approval Notice by the Contingency Date, then Buyer shall be considered to have elected to proceed with the purchase of the Property in accordance with this Agreement.
Contingency Date. Notwithstanding anything to the contrary provided in the Contract, Purchaser and Seller hereby acknowledge and agree that the “Contingency Date” shall mean July 12, 2016.
Contingency Date. Seller shall deliver to Buyer the Wal-Mart Waiver Title Commitment (which shall include complete and legible copies of all recorded and unrecorded documents referenced therein), Survey, Environmental Assessment and notice of receipt of the limited partner's consent in accordance with Sections 3.01, 3.02, 3.04, 3.05 and 3.06 hereof. If Buyer shall consider any of such items as unsatisfactory, then Buyer must notify Seller of its specific objection within seven (7) days of receipt thereof provided that with respect to title, it shall be seven (7) days after Buyer's receipt of the later of the Survey or the Title Commitment. Seller shall then have fifteen (15) days to cure such objection to the reasonable satisfaction of Buyer, unless Seller notifies Buyer that it will require additional time to cure the objection, which additional time cannot exceed fifteen (15) days, unless otherwise agreed by the parties, at the end of which period the specific condition precedent will be satisfied, unless waived without any adjustment to the Purchase Price or deemed unsatisfied by Buyer. In the event any condition is unsatisfied, the provisions of Section 2.02(a)(i)(cc) shall apply, this Agreement shall be null and void and neither party shall have any further obligations to the other hereunder. The date by which all such
Contingency Date. The “Contingency Date” as set forth and defined in Subsection 1 of the Purchase Agreement is hereby amended to mean “March 27, 2013.”
Contingency Date. November 23, 2022.
Contingency Date. 5:00 p.m. Pacific time on the twenty-fifth (25th) day following the later to occur of the Opening of Escrow or Buyer’s receipt of the Materials (as defined below) (such date, the “Contingency Date”).
Contingency Date. By 5:00 p.m. Pacific Time on the earlier of (i) November 15, 2006, or (ii) the date that is fifteen (15) Business Days after the Effective Date hereof (said time and date, the “Due Diligence Contingency Date”), Purchaser shall determine whether the Property is suitable to purchase in Purchaser’s sole discretion. Purchaser shall have the right, for any or no reason, to terminate this Agreement on or before the Due Diligence Contingency Date and the Exxxxxx Money shall be returned to Purchaser and neither party shall have any liability to the other except for obligations which expressly survive termination (“Surviving Obligations”). If Purchaser fails to deliver written notice to Seller exercising this termination right on or before the Due Diligence Contingency Date, then the Exxxxxx Money shall, except as otherwise specifically set forth herein, be non-refundable to Purchaser and Purchaser shall be conclusively deemed to have approved all aspects of the Property except as otherwise specifically provided herein.
Contingency Date. December 22, 2017.
Contingency Date. June 1, 2006 Earnest Money. The earnest money deposit , together with any xxxxxxst earned thxxxxx, made by Purchaser and held by Title Company described Section 3.2.1.
Contingency Date. Notwithstanding anything to the contrary contained in the Termination Agreement, the reference in Section 1 of the Termination Agreement to “September 1, 2023,” is hereby deleted in its entirety and replaced with “September 15, 2023.” As a result thereof, in the event the Contingency is not satisfied by September 15, 2023, then the Termination Agreement shall be automatically null and void and of no further force or effect.
