Common use of Effect of Failure Clause in Contracts

Effect of Failure. If Buyer notifies Seller of a failure to satisfy the conditions precedent set forth in this Article 9, Seller may, within five (5) days after receipt of Buyer’s notice, agree to satisfy the condition by written notice to Buyer, and Buyer shall thereupon be obligated to close the transaction provided (a) Seller so satisfies such condition and (b) no such right to cure shall extend the Closing. If Seller fails to agree to cure or fails to cure such condition by the Closing Date, this Agreement shall be automatically terminated, the Deposit shall be returned to Buyer without any further action required from either Party.

Appears in 5 contracts

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Healthcare Trust of America, Inc.), Purchase and Sale Agreement and Joint Escrow Instructions (Healthcare Trust of America, Inc.), Purchase and Sale Agreement and Joint Escrow Instructions (Healthcare Trust of America, Inc.)

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Effect of Failure. If Buyer notifies Seller of a failure to satisfy the conditions precedent set forth in this Article Paragraph 9, Seller may, within five (5) days after receipt of Buyer’s 's notice, agree to satisfy the condition by written notice to Buyer, and Buyer shall thereupon be obligated to close the transaction provided (a) Seller so satisfies such condition and (b) no such right to cure shall extend the ClosingClose of Escrow more than sixty (60) days. If Seller fails to agree to cure or fails to cure such condition by the Closing DateClose of Escrow, this Agreement shall be automatically terminated, the Deposit shall be returned to Buyer without any further action required from either Partyparty and neither party shall have any continuing obligations hereunder.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (G Reit Inc)

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Effect of Failure. If Buyer notifies Seller of a failure to satisfy the conditions precedent set forth in this Article Paragraph 9, Seller may, within five (5) days after receipt of Buyer’s 's notice, agree to satisfy the condition by written notice to Buyer, and Buyer shall thereupon be obligated to close the transaction provided (a) Seller so satisfies such condition and (b) no such right to cure shall extend the ClosingClose of Escrow. If Seller fails to agree to cure or fails to cure such condition by the Closing DateClose of Escrow, this Agreement shall be automatically terminated, the Deposit shall be returned to Buyer without any further action required from either Partyparty and neither party shall have any continuing obligations hereunder.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (T Reit Inc)

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