Common use of Destruction, Damage or Loss Clause in Contracts

Destruction, Damage or Loss. There shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this transaction or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this transaction, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing.

Appears in 4 contracts

Samples: Offer, Agreement and Escrow Instructions for Purchase (Bebe Stores Inc), Offer, Agreement and Escrow (Affinity Group Holding Inc), Offer, Agreement (CDRJ Investments Lux S A)

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Destruction, Damage or Loss. Subsequent to the Date of Agreement and prior to Closing there shall not have occurred a destruction, There shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this transaction Agreement or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this transactionAgreement, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing.

Appears in 3 contracts

Samples: www.aircre.com, www.aircre.com, www.aircre.com

Destruction, Damage or Loss. There Subsequent to the Date of Agreement and prior to Closing there shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this transaction Agreement or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this transactionAgreement, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing.

Appears in 2 contracts

Samples: Offer, Agreement and Escrow Instructions, Offer, Agreement and Escrow Instructions (Unico American Corp)

Destruction, Damage or Loss. There shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 ten (10) days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this transaction or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this transaction, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writingwriting by either Party or Broker, Escrow Holder shall assume no such destruction, damage or loss costing more than $10,000.00 to repair or cure has occurred prior to Closing.

Appears in 1 contract

Samples: Offer, Agreement (Helisys Inc)

Destruction, Damage or Loss. There shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this transaction Agreement or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this transaction, Agreement. Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing.

Appears in 1 contract

Samples: Offer, Agreement and Escrow (Reeds Inc)

Destruction, Damage or Loss. There shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of to repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 ten (10) days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this transaction or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this transaction, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writingwriting by either Party or Broker, Escrow Holder shall assume no such destruction, damage or loss costing more than $10,000.00 to repair or cure has occurred prior to Closing.

Appears in 1 contract

Samples: Offer, Agreement (Sports Club Co Inc)

Destruction, Damage or Loss. There shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this transaction or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this transaction, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing.. (n)

Appears in 1 contract

Samples: Offer, Agreement and Escrow Instructions (Sports Arenas Inc)

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Destruction, Damage or Loss. There shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 5,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 5,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 ten (10) days after receipt of written notice of a loss costing more than $10,000.00 5,000.00 to repair or cure, to either terminate this transaction or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this transaction, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writingwriting by either Party, Escrow Holder shall assume no such destruction, damage or loss costing more than $10,000.00 to repair or cure has occurred prior to Closing.

Appears in 1 contract

Samples: Offer, Agreement and Escrow Instructions (Guitar Center Inc)

Destruction, Damage or Loss. There shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, less Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 ten (10) days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this transaction or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this transaction, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writingwriting by either Party or Broker, Escrow Holder shall assume no such destruction, damage or loss costing more than $10,000.00 to repair or cure has occurred prior to Closing.

Appears in 1 contract

Samples: Offer, Agreement (Supergen Inc)

Destruction, Damage or Loss. There Subsequent to the Date of Agreement and prior to Closing there shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 $100,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 $100,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 days after receipt of written notice of a loss costing more than $10,000.00 $100,000.00 to repair or cure, to either terminate this transaction Agreement or to purchase the Property notwithstanding such loss, but without deduction or offset offset against the Purchase Price. If the cost to repair or cure is more than $10,000.0010,000.00 $100,000.00, and Buyer does not elect to terminate this transactionAgreement, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing.

Appears in 1 contract

Samples: Offer, Agreement and Escrow Instructions

Destruction, Damage or Loss. There Subsequent to the Date of Agreement and prior to Closing there shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 days after aGer receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this transaction Agreement or to purchase the Property notwithstanding such loss, but without deduction or offset offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this transactionAgreement, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing.

Appears in 1 contract

Samples: Offer, Agreement and Escrow Instructions

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