Common use of Due Diligence Contingency Clause in Contracts

Due Diligence Contingency. Purchaser shall have until 5:00 p.m. (Eastern Time) on the date that is sixty (60) days after the Effective Date (the “Due Diligence Period”), to perform its due diligence review of the Property and all matters related thereto which Purchaser deems advisable, including, without limitation, any engineering, environmental, title, survey, financial, operational and legal compliance matters relating to the Property. If Purchaser, in its sole discretion, is not satisfied with the results of its due diligence review of the Property for any reason, Purchaser shall have the right to terminate this Agreement by providing written notice to Seller prior to the expiration of the Due Diligence Period (the “Due Diligence Contingency”). If Purchaser terminates this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then: (i) the Deposit shall be refunded to Purchaser in accordance with Section 3.2.4, (ii) Purchaser shall supply to Seller reports and copies of all site work completed during the Due Diligence Period, and (iii) the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination. If Purchaser does not terminate this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then subject to the terms and provisions of this Agreement, Purchaser shall be deemed to have waived its rights to terminate this Agreement pursuant to the Due Diligence Contingency.

Due Diligence Contingency. Purchaser shall have a period from the Effective Date until 5:00 p.m. (Eastern Time) on the date that is sixty (60) days after the Effective Date February 21, 2006 (the “Due Diligence Period”), ) to perform its due diligence review and Inspections of the Property and all matters related thereto which Purchaser deems advisable, including, without limitation, any engineering, environmental, title, survey, financial, operational and legal compliance matters relating to the Property. If Purchaser, in its sole discretion, is not satisfied with the results of its due diligence review of the Property for any reason, Purchaser shall have the right to terminate this Agreement by providing written notice to Seller prior to the expiration of the Due Diligence Period (the “Due Diligence Contingency”). If Purchaser terminates this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.14.1, then: (i) then the Deposit Xxxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4, (ii) Purchaser shall supply to Seller reports and copies of all site work completed during the Due Diligence Period, and (iii) the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination. If Purchaser does not terminate this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then subject to the terms and provisions of this Agreement4.1, Purchaser shall be deemed to have waived its rights to terminate this Agreement pursuant to the Due Diligence ContingencyContingency and shall be obligated to deliver the Second Deposit to Escrow Agent upon or prior to the expiration of the Due Diligence Period. If Purchaser is obligated to deliver the Second Deposit and fails to timely do so, Seller shall have the right, but not the obligation, to terminate this Agreement upon written notice until the Second Deposit is so delivered.

Due Diligence Contingency. Purchaser shall have a period from the Effective Date until 5:00 p.m. (Eastern Time) on the date that is sixty (60) days after the Effective Date September 20, 2006 or such shorter time period as may be set forth in a written notice to Seller and Escrow Agent from Purchaser (the “Due Diligence Period”), to perform its due diligence review of the Property and all matters related thereto which Purchaser deems advisable, including, without limitation, including any engineering, environmental, title, survey, financial, operational and legal compliance matters relating to the Property. If Purchaser, in its sole discretion, is not satisfied with the results of its due diligence review of the Property for any reason, Purchaser shall have the right to terminate this Agreement by providing written notice failing to Seller prior deliver to the expiration Escrow Agent the Second Deposit by the time and in the manner required pursuant to Section 3.2.1, time being of the Due Diligence Period essence with respect to such deposit (the “Due Diligence Contingency”). If Purchaser terminates this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.14.1, then: (i) then the Deposit Exxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4, (ii) Purchaser shall supply to Seller reports and copies of all site work completed during the Due Diligence Period, and (iii) the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination. If Purchaser does not terminate this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then subject to the terms and provisions of this Agreement4.1, Purchaser shall be deemed to have waived its rights to terminate this Agreement pursuant to the Due Diligence Contingency.

Due Diligence Contingency. Purchaser shall have a period from the date of the Letter of Intent until 5:00 p.m. (Eastern Time) on the date that is sixty (60) days after the Effective Date April 15, 2011 (the “Due Diligence Period”), to perform its due diligence review of the Property and all matters related thereto which Purchaser deems advisable, including, without limitation, any engineering, environmental, title, survey, financial, operational and legal compliance matters relating to the Property. If Purchaser, in its sole discretion, is not satisfied with the results of its due diligence review of the Property for any reason, Purchaser shall have the right to terminate this Agreement by providing written notice to Seller prior to the expiration of the Due Diligence Period (the “Due Diligence Contingency”). If Purchaser terminates this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then: (i) then the Deposit Xxxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4, (ii) Purchaser shall supply to Seller reports and copies of all site work completed during the Due Diligence Period, and (iii) the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination. If Purchaser does not terminate this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then subject to the terms and provisions of this Agreement, Purchaser shall be deemed to have waived its rights to terminate this Agreement pursuant to the Due Diligence Contingency.

Due Diligence Contingency. Purchaser shall have a period from the date of the Confidentiality Agreement until 5:00 p.m. (Eastern Time) on the date that is sixty (60) days after the Effective Date (the “Due Diligence Period”), to perform its due diligence review of the Property and all matters related thereto which Purchaser deems advisable, including, without limitation, any engineering, environmental, title, survey, financial, operational and legal compliance matters relating to the Property. If Purchaser, in its sole discretion, is not satisfied with the results of its due diligence review of the Property for any reason, Purchaser shall have the right to terminate this Agreement by providing written notice to Seller prior to the expiration of the Due Diligence Period (the “Due Diligence Contingency”). If Purchaser terminates this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then: (i) then the Deposit Xxxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4, (ii) Purchaser shall supply to Seller reports and copies of all site work completed during the Due Diligence Period, and (iii) the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination. If Purchaser does not terminate this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then subject to the terms and provisions of this Agreement, Purchaser shall be deemed to have waived its rights to terminate this Agreement pursuant to the Due Diligence Contingency.

Due Diligence Contingency. Purchaser shall have a period from the date of the Letter of Intent until 5:00 p.m. (Eastern Time) on the date that is sixty (60) days after the Effective Date (the “Due Diligence Period”), to perform its due diligence review of the Property and all matters related thereto which Purchaser deems advisable, including, without limitation, any engineering, environmental, title, survey, financial, operational and legal compliance matters relating to the Property. If Purchaser, in its sole discretion, is not satisfied with the results of its due diligence review of the Property for any reason, Purchaser shall have the right to terminate this Agreement by providing written notice to Seller prior to the expiration of the Due Diligence Period (the “Due Diligence Contingency”). If Purchaser terminates this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then: (i) then the Xxxxxxx Money Deposit shall be refunded to Purchaser in accordance with Section 3.2.4, (ii) Purchaser shall supply to Seller reports and copies of all site work completed during the Due Diligence Period, and (iii) the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination. If Purchaser does not terminate this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then subject to the terms and provisions of this Agreement, Purchaser shall be deemed to have waived its rights to terminate this Agreement pursuant to the Due Diligence Contingency.

Due Diligence Contingency. Purchaser shall have a period from the Effective Date until 5:00 p.m. (Eastern Pacific Time) on the date that is sixty (60) days after the Effective Date December 15, 2010 (the “Due Diligence Period”), to perform its due diligence review of the Property and all matters related thereto which Purchaser deems advisable, including, without limitation, any with respect to engineering, environmental, title, survey, financial, operational and legal compliance matters relating to the Propertymatters. If Purchaser, in its sole and absolute discretion, is not satisfied with the results of its due diligence review of the Property for any reasonProperty, Purchaser shall have the right to terminate this Agreement by providing delivering written notice to Seller prior to the expiration of the Due Diligence Period (the “Due Diligence Contingency”). If Purchaser terminates this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then: (i) prior to the Deposit shall be refunded to Purchaser in accordance with Section 3.2.4, (ii) Purchaser shall supply to Seller reports and copies expiration of all site work completed during the Due Diligence Period, Seller and (iii) the Parties Purchaser shall have no further rights or obligations under this Agreement, except those which expressly survive such termination. If Purchaser does not terminate this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then subject to the terms and provisions of this Agreement4.1(a), Purchaser shall be deemed to have waived its rights to terminate this Agreement pursuant to the Due Diligence ContingencyContingency and Purchaser shall deposit the Additional Deposit with Escrow Agent on or prior to the date on which the Due Diligence Period concludes, in accordance with Section 3.1(b), in which case the Xxxxxxx Money shall be non-refundable to Purchaser, except as otherwise provided in this Agreement.

Due Diligence Contingency. Purchaser shall have until 5:00 p.m. (Eastern Time) If, at any time on or prior to the date that is sixty (60) days after the Effective Date (the “Due Diligence Period”)Contingency Date, to perform as a result of its due diligence Investigations or review of the Property and all matters related thereto which Purchaser deems advisableDue Diligence Materials, includingor for any other reason, without limitationor for no reason, any engineering, environmental, title, survey, financial, operational and legal compliance matters relating to the Property. If Purchaser, Buyer shall determine in its sole discretion, and absolute discretion that it is not satisfied with the results of its due diligence review of the Property for in any reasonrespect, Purchaser then Buyer shall have the right to terminate this Agreement by providing written notice to Seller at any time on or prior to the expiration of the Due Diligence Period Contingency Date, in which event (the “Due Diligence Contingency”). If Purchaser terminates i) this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1shall terminate and be of no further force or effect, then: (iii) the Deposit shall be refunded immediately returned to Purchaser in accordance with Section 3.2.4, (ii) Purchaser shall supply to Seller reports and copies of all site work completed during the Due Diligence PeriodBuyer, and (iii) the Parties neither party shall have no any further rights or obligations under this Agreement, Liability hereunder except for those which Liabilities that expressly survive such termination. If Purchaser does not terminate this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then subject to the terms and provisions termination of this Agreement. If Buyer notifies Seller in writing on or prior to the Contingency Date that Buyer is satisfied with or waives satisfaction of its due diligence investigations with respect to the Property (the “Notice to Proceed”), Purchaser then Buyer shall be deemed to have waived its rights right to terminate this Agreement pursuant as set forth in this Section 4.2, this Agreement shall remain in full force and effect and the parties shall proceed to Closing subject to the Due Diligence Contingencyother terms and conditions of this Agreement. In the event Buyer fails to provide the Notice to Proceed on or prior to the Contingency Date, then (i) this Agreement shall terminate and be of no further force or effect, (ii) the Deposit shall be immediately returned to Buyer, and (iii) neither party shall have any further Liability hereunder except for those Liabilities that expressly survive termination of this Agreement.

Due Diligence Contingency. Purchaser shall have until 5:00 p.m. (Eastern Time) on the date that is sixty the earlier of (60a) thirty (30) days after the Effective Date or (b) June 14, 2013 (the “Due Diligence Period”), to perform its due diligence review of the Property and all matters related thereto which Purchaser deems advisable, including, without limitation, any engineering, environmental, title, survey, financial, operational and legal compliance matters relating to the Property. If Purchaser, in its sole and absolute discretion, is not satisfied with the results of its due diligence review of the Property for any reason, Purchaser shall have the right to terminate this Agreement by providing written notice to Seller prior to the expiration of the Due Diligence Period (the “Due Diligence Contingency”). If Purchaser terminates this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then: (i) then the Deposit Xxxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4, (ii) Purchaser shall supply to Seller reports and copies of all site work completed during the Due Diligence Period, and (iii) the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination. If Purchaser does not terminate this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then subject to the terms and provisions of this Agreement, Purchaser shall be deemed to have waived its rights to terminate this Agreement pursuant to the Due Diligence ContingencyContingency and shall be required to make the Additional Deposit and proceed to Closing under and in accordance with this Agreement.

Due Diligence Contingency. Purchaser shall have until the earlier of the Closing or 5:00 p.m. (Eastern Time) on the date that is sixty (60) days after the Effective Date August 15, 2016 (the “Due Diligence Period”), to perform its due diligence review of the Property and all matters related thereto which Purchaser deems advisable, including, without limitation, any engineering, environmental, title, survey, financial, operational and legal compliance matters relating to the Property. If Purchaser, in its sole discretion, is not satisfied with the results of its due diligence review of the Property for any reason, Purchaser shall have the right to terminate this Agreement by providing written notice to Seller prior to the expiration of the Due Diligence Period (the “Due Diligence Contingency”). If Purchaser terminates this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then: (i) then the Deposit shall be refunded to Purchaser in accordance with Section 3.2.4, (ii) Purchaser shall supply to Seller reports and copies of all site work completed during the Due Diligence Period, and (iii) the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination. If Purchaser does not terminate this Agreement pursuant to the Due Diligence Contingency in accordance with this Section 4.1.1, then subject to the terms and provisions of this Agreement, Purchaser shall be deemed to have waived its rights to terminate this Agreement pursuant to the Due Diligence Contingency.