Common use of Damage to Seller’s Property Clause in Contracts

Damage to Seller’s Property. If any of the Purchased Assets is materially damaged at any time before the Closing, and the damages cannot reasonably be repaired on payment of the sums available by insurance settlement or from any sums to be paid by Purchaser to Seller at the Closing, Purchaser, at Purchaser's option, shall have the right to terminate this Agreement and, upon giving notice of such election, Purchaser shall be relieved of any obligations under this Agreement. This paragraph shall not apply if damages are caused by Purchaser's negligence.

Appears in 1 contract

Samples: Purchase and Sale of Business Assets (Americhip International Inc)

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Damage to Seller’s Property. If any of the Purchased Assets is are materially damaged at any time before the Closing, Closing and the damages cannot reasonably be repaired on payment of the sums available by insurance settlement or from any sums to be paid by Purchaser Purchasers to Seller Sellers at the Closing, PurchaserPurchasers, at Purchaser's Purchasers’ option, shall have the right to terminate this Agreement and, upon on giving notice of such election, Purchaser Purchasers shall be relieved immediately receive a refund of any obligations Deposit in full termination of Purchasers’ rights under this Agreement. This paragraph shall not apply if damages are caused by Purchaser's Purchasers’ negligence.

Appears in 1 contract

Samples: Asset Purchase Agreement

Damage to Seller’s Property. If any of the Purchased Assets is materially damaged at any time before the Closing, Closing and the damages cannot reasonably be repaired on payment of the sums available by insurance settlement or from any sums to be paid by Purchaser to Seller at the Closing, Purchaser, at Purchaser's ’s option, shall have the right to terminate this Agreement and, upon on giving notice of such election, Purchaser shall be relieved immediately receive a refund of any obligations Deposit in full termination of Purchaser’s rights under this Agreement. This paragraph shall not apply if damages are caused by Purchaser's ’s negligence.

Appears in 1 contract

Samples: Asset Purchase Agreement

Damage to Seller’s Property. If any of the Purchased Assets is are materially damaged at any time before the Closing, and the damages cannot reasonably be repaired on payment of the sums available by insurance settlement or from any sums to be paid by Purchaser Buyer to Seller at the Closing, PurchaserBuyer, at Purchaser's Buyer’s option, shall have the right to terminate this Agreement and, upon on giving notice of such election, Purchaser Buyer shall be relieved immediately receive a refund of any obligations the Xxxxxxx Money Deposit in full termination of Buyer’s rights under this Agreement. This paragraph shall not apply if damages are caused by Purchaser's negligenceany act or omission of Buyer, its agents, employees or invitees.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lodging Fund REIT III, Inc.)

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Damage to Seller’s Property. If any of the Purchased Assets is are materially damaged at any time before the Closing, and the damages cannot reasonably be repaired on payment of the sums available by insurance settlement or from any sums to be paid by Purchaser Buyer to Seller at the Closing, PurchaserBuyer, at Purchaser's Buyer’s option, shall have the right to terminate this Agreement and, upon on giving notice of such election, Purchaser Buyer shall be relieved immediately receive a refund of any obligations the Deposits in full termination of Buyer’s rights under this Agreement. This paragraph shall not apply if damages are caused by Purchaser's Buyer’s actions or negligence.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lodging Fund REIT III, Inc.)

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