EXERCISE OF SELLER'S OPTION TO TERMINATE. Seller shall notify Purchaser and Escrow Agent in writing of its exercise of Seller's Termination Option ("Seller's Termination Notice") within five (5) business days following Seller's receipt of any written notification from Purchaser that Purchaser's has elected to terminate this Agreement as to one or more but not all of the Properties ("Purchaser's Partial Termination Notice"). If Seller fails to deliver Seller's Termination Notice within the time period specified above as to any Purchaser's Partial Termination Notice, Seller shall be deemed to have waived its right to terminate this Agreement on the basis of such Purchaser's Partial Termination Notice; provided, however, that if Seller fails to exercise Seller's Termination Option as to one Purchaser's Partial Termination Notice given by Purchaser, Seller shall not be precluded from exercising Seller's Termination Option as to any subsequent Purchaser's Partial Termination Notice delivered by Purchaser.
Appears in 5 contracts
Samples: Assignment of Purchase and Sale Agreement (Aei Income & Growth Fund 24 LLC), Assignment of Purchase and Sale Agreement (Aei Income & Growth Fund Xxi LTD Partnership), Assignment of Purchase and Sale Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership)
