Common use of DEFAULT BY BRANDYWINE OP/FAILURE OF CONDITIONS PRECEDENT Clause in Contracts

DEFAULT BY BRANDYWINE OP/FAILURE OF CONDITIONS PRECEDENT. If any condition set forth herein for the benefit of Xxxxxxxx (other than a default by Brandywine OP) cannot or will not be satisfied prior to Closing, and if Brandywine OP fails to satisfy that condition within ten (10) business days after notice thereof from Xxxxxxxx (or such other time period as may be explicitly provided for herein), Xxxxxxxx may, at its option, elect either (a) to terminate this Agreement in which event the Deposit shall be promptly returned to Brandywine OP and the parties hereto shall be released from all further obligations hereunder except those which expressly survive a termination of this Agreement, or (b) to waive its right to terminate, and instead, to proceed to Closing. If, prior to Closing, Brandywine OP defaults in performing any of its obligations under this Agreement (including its obligation to purchase the Property), and Brandywine OP fails to cure any such default within ten (10) business days after notice thereof from Xxxxxxxx, then Xxxxxxxx' sole remedy for such default shall be either (i) to terminate this Agreement and retain the Deposit or (ii) to pursue the remedy of specific performance compelling Brandywine OP to purchase the Property pursuant to the provisions of this Agreement.

DEFAULT BY BRANDYWINE OP/FAILURE OF CONDITIONS PRECEDENT. If any condition set forth herein for the benefit of Xxxxxxxx (other than a default by Brandywine OP) cannot or will not be satisfied prior to Closing, and if Brandywine OP fails to satisfy that condition within ten (10) business days after notice thereof from Xxxxxxxx (or such other time period as may be explicitly provided for herein), Xxxxxxxx may, at its option, elect either (a) to terminate this Agreement in which event the Deposit shall be promptly returned to Brandywine OP and the parties hereto shall be released from all further obligations hereunder except those which expressly survive a termination of this Agreement, or (b) to waive its right to terminate, and instead, to proceed to Closing. If, prior to Closing, Brandywine OP defaults in performing any of its obligations under this Agreement (including its obligation to purchase the Property), and Brandywine OP fails to cure any such default within ten (10) business days after notice thereof from Xxxxxxxx, then Xxxxxxxx' sole remedy for such default shall be either (i) to terminate this Agreement and retain the Deposit or (ii) to pursue the remedy of specific performance compelling Brandywine OP to purchase the Property perform its obligations pursuant to the provisions of this Agreement.