Common use of Exception to Purchase Clause in Contracts

Exception to Purchase. Notwithstanding anything contained herein to the contrary, Apple shall not be obligated to sell the Purchase Assets to the Orthodontic Entity if the Orthodontic Entity is not able to pay the Purchase Price in cash and assume the Orthodontic Entity Related Liabilities at the Purchase Closing. In such event, the Orthodontic Entity shall surrender the Purchase Assets to Apple as of the Purchase Closing. If the Orthodontic Entity fails to so surrender the Purchase Assets, Apple may, without prejudice to any other remedy which it may have hereunder or otherwise, enter the Premises and take possession of the Purchase Assets and expel or remove the Orthodontic Entity and any other person who may be occupying the Premises or any part thereof, by force if necessary, without being liable for prosecution or any claim for damages therefor.