EFFECT OF FAILURE TO SATISFY CONDITION. Subject to SECTION 9.11(b), if any of the Partnership's Conditions shall not have been fulfilled by Home Properties, or otherwise satisfied, or waived by the Partnership within the time provided, the Partnership shall have the right to terminate this Agreement by written notice to Home Properties, in which event the Deposit shall be returned to Home Properties, and this Agreement shall, thereafter, be deemed to be null and void and of no further force or effect, and no party shall have any further rights or obligations under this Agreement (other than with respect to those indemnities and agreements that expressly survive termination of this Agreement).
Appears in 2 contracts
Samples: Contribution Agreement (Home Properties of New York Inc), Contribution Agreement (Home Properties of New York Inc)
EFFECT OF FAILURE TO SATISFY CONDITION. Subject to SECTION 9.11(b9.11(a), if any of the Partnership's Home Properties' Conditions shall not have been fulfilled by Home Propertiesthe Company or the Partnership, or otherwise satisfied, satisfied or waived by the Partnership Home Properties within the time provided, the Partnership Home Properties shall have the right to terminate this Agreement by written notice to Home Propertiesthe Company, in which event the Deposit shall be returned to Home Properties, and this Agreement Agreement, shall, thereafter, be deemed to be null and void and of no further force or effect, and no party shall have any further rights or obligations under this Agreement (other than with respect to those indemnities and agreements that expressly survive termination of this Agreement).
Appears in 2 contracts
Samples: Contribution Agreement (Home Properties of New York Inc), Contribution Agreement (Home Properties of New York Inc)