Common use of Contingency Period Clause in Contracts

Contingency Period. Buyer shall have until the date which is thirty (30) days after the date hereof (such period being referred to herein as the "Contingency Period") to review and approve the matters described in Sections 2.1(a)-(f) above in Buyer's sole discretion. If Buyer determines to proceed with the purchase of the Property, then Buyer shall, before the end of the Contingency Period, notify Seller in writing that Buyer has approved all of the matters described in Section 2.1(a)-(f) above, including, without limitation, all documents, agreements, surveys, reports and other items and materials delivered to or made available to Buyer in connection with this Agreement (the "Due Diligence Materials"). If before the end of the Contingency Period Buyer fails to give Seller such written notice, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period of Buyer's termination of this Agreement, then this Agreement shall so terminate and the Nonrefundable Payment shall be retained by Seller and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.8 below.

Contingency Period. Buyer shall have until the date which is thirty (30) days after the date of mutual execution and delivery hereof (such period being referred to herein as the "Contingency Period") to review and approve the matters described in Sections 2.1(a)-(f) above in Buyer's sole discretion. If Buyer determines to proceed with the purchase of the Property, then Buyer shall, before the end of the Contingency Period, notify Seller in writing that Buyer has approved all of the matters described in Section 2.1(a)-(f) above, including, without limitation, all documents, agreements, surveys, reports and other items and materials delivered to or made available to Buyer in connection with this Agreement (the "Due Diligence Materials"). If before the end of the Contingency Period Buyer fails to give Seller such written notice, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period of Buyer's termination of terminate this Agreement, then this Agreement shall so terminate and the Nonrefundable Payment Deposit shall be retained by Seller returned to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.8 9.9 below.

Contingency Period. Buyer shall have until the date which is thirty (30) days after the date hereof March 2, 2005, 5:00 p.m. Pacific Standard Time (such period being referred to herein as the "“Contingency Period"”) to review and approve the matters described in Sections 2.1(a)-(f2.1(b)-(f) above in Buyer's ’s sole discretion, including, without limitation, title and survey review of the Property (as described in Section 4.1(a) below). If Buyer determines to proceed with the purchase of the Property, then Buyer shall, before the end of the Contingency Period, so notify Seller in writing that writing, in which case Buyer has shall be deemed to have approved all of the matters described in Section Sections 2.1(a)-(f) above, including, without limitation, all documents, Service Contracts and other contracts, agreements, surveysLeases, reports reports, surveys and other items and materials delivered to to, prepared by or on behalf of or made available to Buyer in connection with this Agreement (the "“Due Diligence Materials"”), and the Deposit shall become nonrefundable except as expressly provided herein. If before the end of the Contingency Period Buyer fails to give Seller such written notice, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period of Buyer's termination of terminate this Agreement, then this Agreement shall so terminate and the Nonrefundable Payment Deposit shall be retained by Seller returned to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.8 9.9 below.

Contingency Period. Buyer shall have until 5:00 p.m. (Central time) on the date which day that is thirty fifteen (3015) days after the date hereof Effective Date (such period being referred to herein as the "Contingency PeriodCONTINGENCY PERIOD") to review and approve the matters described in Sections 2.1(a)-(f2.1(b)-(e) above in Buyer's sole discretiondiscretion (provided that title and survey review and approval shall be governed by the provisions of Section 4.1 below). If Buyer determines to proceed with the purchase disapproves of the Propertyany such matters, then Buyer shall, before the end of the Contingency Period, notify may terminate this Agreement by notifying Seller thereof in writing that Buyer has approved all of the matters described in Section 2.1(a)-(f) above, including, without limitation, all documents, agreements, surveys, reports and other items and materials delivered to or made available to Buyer in connection with this Agreement (the "Due Diligence Materials"). If before the end of the Contingency Period Buyer fails to give Seller and, in such written noticeinstance, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Deposit in escrow with (other than the Title Company Initial Portion, provided that if Buyer properly terminates pursuant to Section 1.2(b)(24.1, Section 4.1 shall control) above. If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period of Buyer's termination of this Agreement, then this Agreement shall so terminate and the Nonrefundable Payment shall be retained by Seller returned to Buyer, the Initial Portion shall be paid to Seller, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.8 9.9 below. In the event Buyer fails to provide Seller with notice of termination prior to the expiration of the Contingency Period, Buyer shall be deemed to have approved all of the matters described in Sections 2.1(a)-(e) above (subject to the provisions of Section 4.1 below as to title and survey matters), including, without limitation, all documents, Service Contracts and other contracts, agreements, Leases, reports and other items and materials related to the Property prepared by or on behalf of Seller and delivered or made available to Buyer (collectively, the "DUE DILIGENCE MATERIALS"), and the entire Deposit shall become nonrefundable except as expressly provided herein.

Contingency Period. Buyer shall have until the date which is thirty (30) days after from the date hereof Effective Date (such period being referred to herein as the "Contingency Period") ), to review and approve the matters described in Sections 2.1(a)-(f) above in Buyer's sole and absolute discretion. If Buyer determines in its sole and absolute discretion to proceed with the purchase of the Property, then Buyer shall, before the end of the Contingency Period, notify Seller in writing (the "Acceptance Notice") that Buyer has approved all of the matters described in Section 2.1(a)-(f) above, including, without limitation, all documents, agreements, surveys, reports and other items and materials delivered to or made available to Buyer in connection with this Agreement during the Contingency Period (the "Due Diligence Materials"). If before the end of the Contingency Period , and Buyer fails to give Seller such written notice, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Additional Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If, however, Buyer notifies Seller in writing prior to If before the end of the Contingency Period of Buyer's termination of this AgreementBuyer fails, for any reason or no reason in its sole and absolute discretion, to give Seller such Acceptance Notice and deliver the Additional Deposit, then Buyer shall be deemed not to have elected to proceed with the purchase of the Property, this Agreement shall so terminate and terminate, the Nonrefundable Payment shall be retained by Seller Seller, the Deposit shall be delivered to Buyer and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.8 9.9 below.

Contingency Period. Buyer shall have from the Effective Date until the date which is thirty (30) days after the date hereof June 5, 2006 (such period being referred to herein as the "“Contingency Period"”) to review and approve the matters described in Sections 2.1(a)-(f2.1(b)-(f) above in Buyer's ’s sole discretiondiscretion (title and survey review and approval shall be governed by the provisions of Section 4.1 below). If Buyer determines to proceed with the purchase of the Property, then Buyer shall, before the end of the Contingency Period, so notify Seller in writing that writing, in which case Buyer has shall be deemed to have approved all of the matters described in Section Sections 2.1(a)-(f) aboveabove (subject to the provisions of Section 4.1 below as to title and survey matters), including, without limitation, all documents, Service Contracts and other contracts, agreements, surveysLeases, reports and other items and materials delivered related to the Property prepared by or made available to Buyer in connection with this Agreement on behalf of Seller (collectively, the "“Due Diligence Materials"”), and the Deposit shall become nonrefundable except as expressly provided herein. If before the end of the Contingency Period Buyer fails to give Seller such written notice, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period of Buyer's termination of terminate this Agreement, then this Agreement shall so terminate and the Nonrefundable Payment Deposit shall be retained by Seller returned to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.8 9.9 below.

Contingency Period. Buyer shall have until the date which is thirty (30) days after the date hereof November 8, 2010 (such period being referred to herein as the "“Contingency Period"”) to review and approve the matters described in Sections 2.1(a)-(f2.1(b)-(f) above in Buyer's ’s sole discretiondiscretion (title and survey review and approval shall be governed by the provisions of Section 4.1 below). If Buyer determines to proceed with the purchase of the Property, then Buyer shall, before the end of the Contingency Period, so notify Seller in writing that writing, in which case Buyer has shall be deemed to have approved all of the matters described in Section Sections 2.1(a)-(f) aboveabove (subject to the provisions of Section 4.1 below as to title and survey matters), including, without limitation, all documents, Service Contracts and other contracts, agreements, surveysLeases, reports and other items and materials delivered related to the Property prepared by or made available to Buyer in connection with this Agreement on behalf of Seller (collectively, the "“Due Diligence Materials"”), and the Deposit shall become nonrefundable except as expressly provided herein. If before the end of the Contingency Period Buyer fails to give Seller and Escrow Agent such written notice, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period of Buyer's termination of terminate this Agreement, then this Agreement shall so terminate and the Nonrefundable Payment Deposit shall be retained by Seller returned to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.8 9.9 below.

Contingency Period. Buyer shall have until the date which is thirty (30) days after the date hereof 5:00 p.m., California time, on December 17, 1998 (such period being referred to herein as the "Contingency Period") to review and approve the matters described in Sections 2.1(a)-(f) above in Buyer's sole discretion. If Buyer determines to proceed with the purchase of the Property, then Buyer shall, before the end of the Contingency Period, notify Seller in writing that Buyer has approved all of the matters described in Section 2.1(a)-(f) above, including, without limitation, all documents, agreements, surveys, reports and other items and materials delivered to or made available to Buyer in connection with this Agreement (the "Due Diligence Materials"). If before the end of the Contingency Period Buyer fails to give Seller such written notice, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period of Buyer's termination of terminate this Agreement, then this Agreement shall so terminate and the Nonrefundable Payment Deposit shall be retained by Seller returned to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.8 9.9 below. Notwithstanding the foregoing, Buyer acknowledges and agrees that it has reviewed and unconditionally approved of all matters described in Sections 2.1(b)-(g) above, including, without limitation, the Due Diligence Materials referenced therein. Consequently, Buyer shall have until the end of the Contingency Period to review and approve the title and survey matters described in Subsection 2.1(a) above.

Contingency Period. Buyer shall have until the date which is thirty (30) days after the date hereof September 15, 2006 (such period being referred to herein as the "“Contingency Period"”) to review and approve the matters described in Sections 2.1(a)-(f2.1(b)-(f) above in Buyer's ’s sole discretion (title and survey review and approval shall be governed by the provisions of Section 4.1 below). If Buyer, in its sole discretion. If Buyer , determines to proceed with the purchase of the Property, then Buyer shall, before the end of the Contingency Period, so notify Seller in writing that writing, in which case Buyer has approved shall be deemed to have waived any objection to all of the matters described in Section Sections 2.1(a)-(f) aboveabove (subject to the provisions of Section 4.1 below as to title and survey matters), including, without limitation, all documents, Service Contracts (subject to Buyer’s rights under Section 7.5 below) and other contracts, agreements, surveysLeases, reports and other items and materials delivered related to the Property prepared by or on behalf of Seller or otherwise provided or made available by Seller to Buyer in connection with this Agreement hereunder (collectively, the "“Due Diligence Materials"”), and the Deposit shall become nonrefundable except as expressly provided herein. If before the end of the Contingency Period Buyer fails to give Seller such written notice, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period of Buyer's termination of terminate this Agreement, then this Agreement shall so terminate and the Nonrefundable Payment Deposit shall be retained by Seller returned to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.8 9.9 below.

Contingency Period. Buyer shall have until the date which that is thirty (30) days after the date hereof Seller Board Approval Date as defined in this Agreement (such period being referred to herein as the "“Contingency Period"”) to review and approve the matters described in Sections 2.1(a)-(f2.1(b)-(f) above in Buyer's ’s sole discretiondiscretion (title and survey review and approval shall be governed by the provisions of Section 4.1 below). If Buyer determines to proceed with the purchase of the Property, then Buyer shall, before the end of the Contingency Period, so notify Seller in writing that writing, in which case Buyer has shall be deemed to have approved all of the matters described in Section Sections 2.1(a)-(f) aboveabove (subject to the provisions of Section 4.1 below as to title and survey matters), including, without limitation, all documents, Service Contracts and other contracts, agreements, surveys, reports and other items and materials related to the Property prepared by or on behalf of Seller which have been delivered to or otherwise made available to Buyer in connection with this Agreement (collectively, the "“Due Diligence Materials"”), and the Deposit shall become nonrefundable except as expressly provided herein. If before the end of the Contingency Period Buyer fails to give Seller such written notice, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period of Buyer's termination of terminate this Agreement, then this Agreement shall so terminate and the Nonrefundable Payment Promissory Note shall be retained by Seller immediately returned to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.8 9.9 below.

Contingency Period. Buyer shall have from the Effective Date until the that date which is thirty twenty-five (3025) days after the date hereof thereafter (such period being referred to herein as the "“Contingency Period"”) to review and approve the matters described in Sections 2.1(a)-(f2.1(b)-(f) above in Buyer's ’s sole discretiondiscretion (title and survey review and approval shall be governed by the provisions of Section 4.1 below). If Buyer determines to proceed with the purchase of the Property, then Buyer shall, before the end of the Contingency Period, so notify Seller in writing that writing, in which case Buyer has shall be deemed to have approved all of the matters described in Sections 2.1(b)-(f) above (subject to the provisions of Section 2.1(a)-(f) above4.1 below as to title and survey matters), including, without limitation, all documents, Service Contracts and other contracts, agreements, surveysLeases, reports and other items and materials delivered related to the Property prepared by or on behalf of Seller and provided or made available by Seller to Buyer in connection with this Agreement (collectively, the "“Due Diligence Materials"”), and the Deposit shall become nonrefundable except as expressly provided herein. If before the end of the Contingency Period Buyer fails to give Seller such written notice, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period of Buyer's termination of terminate this Agreement, then this Agreement shall so terminate and the Nonrefundable Payment Deposit shall be retained by Seller returned to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.8 9.9 below.

Contingency Period. Buyer shall have until the date which is thirty (30) days after the date hereof 5:00 pm Pacific Daylight Savings Time on April 22, 2016 (such period being referred to herein as the "“Contingency Period"”) to review and approve the matters described in Sections 2.1(a)-(f2.1(b)-(f) above and to determine, in Buyer's ’s sole discretionand absolute discretion (title and survey review and approval shall be governed by the provisions of Section 4.1 below), that if the Property is acceptable to Buyer. If Buyer determines determines, in Buyer’s sole and absolute discretion, to proceed with the purchase of the Property, then Buyer shall, before the end of the Contingency Period, so notify Seller in writing that (an “Approval Notice”), in which case Buyer has shall be deemed to have approved all of the matters described in Section Sections 2.1(a)-(f) aboveabove (subject to the provisions of Section 4.1 below as to title and survey matters), including, without limitation, all documents, Service Contracts (subject to the provisions of Section 7.5 below) and other contracts, agreements, surveysLeases, reports and other items and materials delivered related to the Property prepared by or made available to on behalf of Buyer or in connection with this Agreement Buyer’s possession (collectively, the "“Due Diligence Materials"”), and the Deposit shall become nonrefundable except as expressly provided herein (including, without limitation, pursuant to the provisions of Section 8.4 below). If before the end of the Contingency Period Buyer delivers a termination notice or fails to give Seller such written noticean Approval Notice, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period of Buyer's termination of terminate this Agreement, then this Agreement shall so terminate and the Nonrefundable Payment Deposit shall be retained by Seller returned to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 9.3, 9.5 and 9.8 9.9 below.

Contingency Period. Buyer shall have until the date which is thirty 5:00 p.m. (30Central time) days after the date hereof on July 25, 2006 (such period being referred to herein as the "“Contingency Period"”) to review and approve the matters described in Sections 2.1(a)-(f2.1(b)-(f) above in Buyer's ’s sole discretiondiscretion (title and survey review and approval shall be governed by the provisions of Section 4.1 below). If Buyer determines to proceed with disapproves of any such matters or the purchase of the PropertyProperty or for any reason or no reason whatsoever, then Buyer shall, may terminate this Agreement by notifying Seller thereof in writing before the end of the Contingency Period. In the event Buyer fails to provide Seller with notice of termination prior to the expiration of the Contingency Period, notify Seller in writing that Buyer has shall be deemed to have approved all of the matters described in Sections 2.l(a)-(f) above (subject to the provisions of Section 2.1(a)-(f) above4.1 below as to title and survey matters), including, without limitation, all documents, Service Contracts and other contracts, agreements, surveysLeases, reports and other items and materials delivered related to the Property prepared by or made available to Buyer in connection with this Agreement on behalf of Seller (collectively, the "“Due Diligence Materials"”). If before the end of the Contingency Period Buyer fails to give Seller such written notice, then Buyer shall be deemed to have elected to proceed with the purchase of the Property and shall place the Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period of Buyer's termination of this Agreement, then this Agreement shall so terminate and the Nonrefundable Payment entire Deposit shall be retained by Seller and neither party shall have any further rights or obligations hereunder become nonrefundable except as expressly provided in Sections 6.1, 9.3 and 9.8 belowherein.