Due Diligence Deadline. Purchaser shall have until 11:59 p.m. (Mountain Standard Time), on the date that is thirty (30) days after Seller’s delivery of the Seller’s Disclosures as contemplated in Section 2.2 above (the “Due Diligence Deadline”), to:
(a) Satisfy itself as to any and all matters as Purchaser deems to be necessary or desirable in connection with the Seller’s Disclosures, including, without limitation, the truth, accuracy, completeness, and acceptability of the Seller’s Disclosures, or the waiver by Purchaser of any objections to the Seller’s Disclosures;
(b) Satisfy itself as to any boundary and survey issues related to the Property, whether provided by Seller as part of the Seller Disclosures, if any (the “Survey”), and in the event Seller has no Survey, to satisfy itself of a Survey that may be obtained by Purchaser at Purchaser’s sole cost and expense, a courtesy copy of which shall be provided to Seller and its legal counsel, or the waiver by Purchaser of any objections to the Survey;
(c) Satisfy itself as to all matters in the Commitment (as defined in Section 3.1(f) below) and any other matters related to the status of title to the Property and the issuance of the Owner’s Title Policy (as defined in Section 8.4 below). Purchaser may notify Seller prior to the expiration of the Due Diligence Deadline of any objectionable title matters or defects that Purchaser reasonably believes affect the marketability, insurability, ownership, or use of Purchaser’s title to the Property. If Seller is notified of any such objectionable title matters or defects prior to the Due Diligence Deadline, Seller shall attempt in good faith to procure a cure for the same up until three (3) days prior to the Closing Date (the “Title Cure Deadline”); provided, however, Seller is not being obligated to make any such cure. If, however, Seller does not cure the objectionable title matters or defects objected to by the expiration of the Title Cure Deadline, then at Purchaser’s option, Purchaser may either (i) take title to the Property despite the existence of such matters, or (ii) terminate this Agreement by giving written notice to Seller prior to the expiration of the Title Cure Deadline, in which event this Agreement shall be deemed terminated and of no further force or effect with Seller and Purchaser having no further rights, obligations, or liabilities under this Agreement, except for matters that by the terms of this Agreement expressly survive termination. In the event Purchaser doe...
Due Diligence Deadline. No later than the Due Diligence Deadline referenced in Section 24(b) Buyer shall: (a) complete all of Buyer’s Due Diligence; and (b) determine if the results of the Buyer’s Due Diligence are acceptable to Buyer.
Due Diligence Deadline. The definition of “Due Diligence Deadline” in Schedule A to the Agreement is hereby deleted in its entirety and replaced with the following definition: “‘Due Diligence Deadline’ shall mean 6:00 P.M. Eastern time on July 31, 2020”.
Due Diligence Deadline. Notwithstanding anything to the contrary contained in the Agreement, including, but not limited to, Section 4.2 of the Agreement, the Due Diligence Deadline shall occur at 5:00 p.m. New York, NY time on September 18, 2015.
Due Diligence Deadline. For the period from the Effective Date through the expiration of the Site Inspection Period, as the same may be extended pursuant to this Agreement (the "Due Diligence Deadline"), Developer and employees, agents and contractors, shall have the right to inspect, test, study and investigate (which includes the Site Inspections) the Property and review the Property Documents in a manner Developer deems necessary to determine whether the Property is suitable for Developer in Developer's sole and absolute discretion. Developer's due diligence shall include the right to examine the feasibility of the Project and determine if financing and all governmental permits or approvals are available upon reasonable terms to develop and construct the Project. Developer shall be solely responsible for any and all costs associated with its Project due diligence or Site Inspections of the Property, unless this Agreement specifically allocates such responsibility to the Commission. Until the Due Diligence Deadline, Developer shall have the right to terminate this Agreement for any reason whatsoever, or no reason, in its sole and absolute discretion, upon written notice to the Commission, in which event the parties shall have no further right or obligation under this Agreement (except for rights or obligations which expressly survive the termination of this Agreement). If Developer fails to give the Commission such written notice of termination on or before the Due Diligence Deadline, then Developer shall be deemed to have waived any right to terminate this Agreement pursuant to this Section 1.3 (but not as to any Developer Closing Conditions or any other express termination right provided herein).
Due Diligence Deadline. Granite shall have 30 days from the date of execution of this Agreement by all parties (the "Due Diligence Deadline") to complete its review of and to approve or disapprove of the Seller Disclosures, and to conduct and complete all inspections, geological and geotechnical investigations, including but not limited to landscaping, utilities, water, zoning and governmental approvals, and to conduct such other physical inspections, investigations, reviews and appraisals as Granite may deem necessary, and any other due diligence pertaining to the Property Granite may deem necessary (the "Due Diligence").
Due Diligence Deadline. Buyer shall have until the Due Diligence Deadline to: review the Due Diligence Materials; conduct one or more physical inspections of the Property; and review all other matters relating to all aspects of the Property, as well as Buyer’s proposed purchase and use of the Property; provided, however, Buyer and its agents and representatives must at all times comply with the requirements of Section 8 below concerning entry upon the Property, and with the confidentiality requirements of Section 23 below. If Buyer determines for any reason that the Property is not satisfactory to Buyer, then Buyer, in Buyer’s sole discretion, may terminate this Agreement by giving written notice thereof to Seller (the “Termination Notice”) prior to the Due Diligence Deadline. If Buyer timely delivers to Seller the Termination Notice, this Agreement shall terminate, the Option Fee shall be retained by Seller (except in the event of a Seller Default), the Exxxxxx Money (but not the Option Fee unless in the event of a Seller Default) shall be returned to Buyer, and neither Party shall have any further obligation to the other pursuant to this Agreement, except those obligations that expressly survive the termination of this Agreement (including Buyer’s indemnification obligations under Section 8 and Buyer’s confidentiality obligations under Section 23). If Buyer does not deliver to Seller the Termination Notice prior to the expiration of the Due Diligence Deadline, then Buyer shall be deemed to be completely satisfied with the Property in all respects and all such matters will be deemed approved by Buyer in all respects and the Title Company shall immediately remit the Option Fee to Seller.
Due Diligence Deadline. The Agreement is hereby amended to extend the “Due Diligence Deadline” as defined in Section 1(d) of the Agreement, to 5:00 p.m., San Antonio, Texas time on Monday, September 19, 2005.
Due Diligence Deadline. The Due Diligence Deadline under the Agreement expires at 5:00 PM San Antonio Time, on September 19, 2005. In consideration for the execution of this Second Amendment by Seller, Buyer has agreed that (a) Buyer will not send a Termination Notice under Section 7(a) of the Agreement, (b) Buyer shall be deemed to be completely satisfied with the Property in all respects, as provided in Section 7(a), subject only to performance of Seller’s additional obligations under this Second Amendment, and (c) the Title Company is hereby directed to immediately remit the $100,000.00 Option Fee to Seller. In consideration for Buyer’s execution of this Second Amendment and Buyer’s waivers and agreements hereunder, Seller acknowledges and agrees that Buyer shall receive a credit to the Purchase Price in the amount of $47,000.00 at Closing.
Due Diligence Deadline. No later than the Due Diligence Deadline referenced in Section 24
