Common use of Contingency Period Clause in Contracts

Contingency Period. Buyer shall have thirty (30) days from the 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"), and Buyer shall place the Additional Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If before the end of the Contingency Period Buyer 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, the Nonrefundable Payment shall be retained by 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 9.9 below.

Contingency Period. Buyer shall have thirty (30) days from the Effective Date until 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 and 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, 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, so notify Seller in writing (the "Acceptance an “Approval Notice") that ”), 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 during Buyer’s possession (collectively, the Contingency Period (the "“Due Diligence Materials"”), and Buyer the Deposit shall place the Additional Deposit in escrow with the Title Company become nonrefundable except as expressly provided herein (including, without limitation, pursuant to the provisions of Section 1.2(b)(2) above8.4 below). If before the end of the Contingency Period Buyer fails, for any reason delivers a termination notice or no reason in its sole and absolute discretion, fails to give Seller such Acceptance Notice and deliver the Additional Depositan Approval Notice, then Buyer shall be deemed not to have elected to proceed with the purchase of the Property, terminate this Agreement shall so terminate, the Nonrefundable Payment shall be retained by SellerAgreement, the Deposit shall be delivered returned to Buyer 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 9.9 below.

Contingency Period. Buyer shall have until the date which is thirty (30) days from after the Effective Date 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 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 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 Buyer shall place the Additional Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If before If, however, Buyer notifies Seller in writing prior to the end of the Contingency Period Buyer fails, for any reason or no reason in its sole and absolute discretion, to give Seller such Acceptance Notice and deliver the Additional Depositof Buyer's termination of this Agreement, then Buyer shall be deemed not to have elected to proceed with the purchase of the Property, this Agreement shall so terminate, terminate and the Nonrefundable Payment shall be retained by Seller, the Deposit shall be delivered to Buyer Seller and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.9 9.8 below.

Contingency Period. Buyer shall have thirty (30) days from the Effective Date until 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 absolute discretionsurvey review and approval shall be governed by the provisions of Section 4.1 below). If Buyer determines Buyer, in its sole and absolute discretion discretion, determines to proceed with the purchase of the Property, then Buyer shall, before the end of the Contingency Period, so notify Seller in writing (the "Acceptance Notice") 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 during hereunder (collectively, the Contingency Period (the "“Due Diligence Materials"”), and Buyer the Deposit shall place the Additional Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) abovebecome nonrefundable except as expressly provided herein. If before the end of the Contingency Period Buyer fails, for any reason or no reason in its sole and absolute discretion, fails to give Seller such Acceptance Notice and deliver the Additional Depositwritten notice, then Buyer shall be deemed not to have elected to proceed with the purchase of the Property, terminate this Agreement shall so terminate, the Nonrefundable Payment shall be retained by SellerAgreement, the Deposit shall be delivered returned to Buyer Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.9 below.

Contingency Period. Buyer shall have thirty (30) days from the Effective Date until 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 absolute discretionsurvey review of the Property (as described in Section 4.1(a) below). 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, so notify Seller in writing (the "Acceptance Notice") 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 during the Contingency Period (the "“Due Diligence Materials"”), and Buyer the Deposit shall place the Additional Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) abovebecome nonrefundable except as expressly provided herein. If before the end of the Contingency Period Buyer fails, for any reason or no reason in its sole and absolute discretion, fails to give Seller such Acceptance Notice and deliver the Additional Depositwritten notice, then Buyer shall be deemed not to have elected to proceed with the purchase of the Property, terminate this Agreement shall so terminate, the Nonrefundable Payment shall be retained by SellerAgreement, the Deposit shall be delivered returned to Buyer Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.9 below.

Contingency Period. Buyer shall have thirty until 5:00 p.m. (30Central time) days from the Effective Date 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 discretion (title and absolute discretionsurvey review and approval shall be governed by the provisions of Section 4.1 below). If Buyer determines in its sole and absolute discretion 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 (the "Acceptance Notice") 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 during on behalf of Seller (collectively, the Contingency Period (the "“Due Diligence Materials"”), and Buyer shall place the Additional Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If before the end of the Contingency Period Buyer 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, the Nonrefundable Payment shall be retained by Seller, the entire Deposit shall be delivered to Buyer and neither party shall have any further rights or obligations hereunder become nonrefundable except as expressly provided in Sections 6.1, 9.3 and 9.9 belowherein.

Contingency Period. Buyer shall have until the date that is thirty (30) days from after the Effective 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 discretion (title and absolute discretionsurvey review and approval shall be governed by the provisions of Section 4.1 below). 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, so notify Seller in writing (the "Acceptance Notice") 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 during (collectively, the Contingency Period (the "“Due Diligence Materials"”), and Buyer the Deposit shall place the Additional Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) abovebecome nonrefundable except as expressly provided herein. If before the end of the Contingency Period Buyer fails, for any reason or no reason in its sole and absolute discretion, fails to give Seller such Acceptance Notice and deliver the Additional Depositwritten notice, then Buyer shall be deemed not to have elected to proceed with the purchase of the Property, terminate this Agreement shall so terminateAgreement, the Nonrefundable Payment Promissory Note shall be retained by Sellerimmediately returned to Buyer, 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 9.9 below.

Contingency Period. Buyer shall have thirty (30) days from the Effective Date until that date which is twenty-five (25) days 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 discretion (title and absolute discretionsurvey review and approval shall be governed by the provisions of Section 4.1 below). 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, so notify Seller in writing (the "Acceptance Notice") 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 during (collectively, the Contingency Period (the "“Due Diligence Materials"”), and Buyer the Deposit shall place the Additional Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) abovebecome nonrefundable except as expressly provided herein. If before the end of the Contingency Period Buyer fails, for any reason or no reason in its sole and absolute discretion, fails to give Seller such Acceptance Notice and deliver the Additional Depositwritten notice, then Buyer shall be deemed not to have elected to proceed with the purchase of the Property, terminate this Agreement shall so terminate, the Nonrefundable Payment shall be retained by SellerAgreement, the Deposit shall be delivered returned to Buyer Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 9.9 below.

Contingency Period. Buyer shall have thirty (30) days from the Effective Date until 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 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"), and Buyer shall place the Additional Deposit in escrow with the Title Company pursuant to Section 1.2(b)(2) above. If before the end of the Contingency Period Buyer fails, for any reason or no reason in its sole and absolute discretion, fails to give Seller such Acceptance Notice and deliver the Additional Depositwritten notice, then Buyer shall be deemed not to have elected to proceed with the purchase of the Property, terminate this Agreement shall so terminate, the Nonrefundable Payment shall be retained by SellerAgreement, the Deposit shall be delivered returned to Buyer Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 6.1, 9.3 and 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.