Common use of Expiration of Feasibility Period Clause in Contracts

Expiration of Feasibility Period. If any of the matters in Section 3.1 or any other title or survey matters are unsatisfactory to Purchaser for any reason, or for no reason whatsoever, in Purchaser’s sole and absolute discretion, then Purchaser shall have the right to terminate this Contract in its entirety with respect to all Properties (but not in part with respect to less than all Properties) by delivering a Termination Notice to Sellers’ Representative and Escrow Agent no later than 5:00 p.m. on or before the date of expiration of the Feasibility Period. If Purchaser provides such Termination Notice, this Contract shall terminate and be of no further force and effect subject to and except for the Survival Provisions, and Escrow Agent shall return the Initial Deposit to Purchaser. If Purchaser fails to provide Sellers’ Representative with such Termination Notice prior to the expiration of the Feasibility Period, Purchaser’s right to terminate under this Section 3.2 shall be permanently waived and this Contract shall remain in full force and effect, the Deposit shall be non-refundable, except as otherwise provided herein, and Purchaser’s obligation to purchase the Properties shall be conditional only as provided in Section 8.1.

Appears in 5 contracts

Samples: Purchase and Sale Contract, Purchase and Sale Contract (Angeles Income Properties LTD 6), Purchase and Sale Contract (Century Properties Fund Xvi)

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Expiration of Feasibility Period. If any of the matters in Section 3.1 or any other title or survey matters are unsatisfactory to Purchaser for any reason, or for no reason whatsoever, in Purchaser’s sole and absolute discretion, then Purchaser shall have the right to terminate this Contract in its entirety with respect to all both Properties (but not in part with respect to less than all Propertiesone Property) by delivering a Termination Notice giving written notice to that effect to Sellers’ Representative and Escrow Agent no later than 5:00 p.m. on or before the date of expiration of the Feasibility Period. If Purchaser provides such Termination Noticenotice, this Contract shall terminate and be of no further force and effect subject to and except for the Survival Provisions, and Escrow Agent shall return the Initial Deposit to Purchaser. If Purchaser fails to provide Sellers’ Representative with such Termination Notice written notice of termination prior to the expiration of the Feasibility Period, Purchaser’s right to terminate under this Section 3.2 shall be permanently waived and this Contract shall remain in full force and effect, the Deposit shall be non-refundable, refundable except in the event of a default by Seller as otherwise provided more fully set forth herein, and Purchaser’s obligation to purchase the Properties shall be conditional only as provided in Section 8.1.

Appears in 1 contract

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties 3)

Expiration of Feasibility Period. If any of the matters in Section 3.1 or any title, survey or other title or survey matters are unsatisfactory to Purchaser for any reason, or for no reason whatsoever, in Purchaser’s 's sole and absolute discretion, then Purchaser shall have the right to terminate this Contract in its entirety with respect by giving written notice to all Properties (but not in part with respect that effect to less than all Properties) by delivering a Termination Notice to Sellers’ Representative Seller and Escrow Agent no later than 5:00 p.m. Pacific Time on or before the date of expiration of the Feasibility Period. If Purchaser provides such Termination Noticewritten notice prior to the expiration of the Feasibility Period, this Contract shall terminate and be of no further force and effect effect, subject to and except for the Survival Provisions, and Escrow Agent shall return the Initial Deposit to PurchaserPurchaser (less the Non-Refundable Portion which shall be released to Seller). If Purchaser fails to provide Sellers’ Representative Seller with such Termination Notice written notice of termination prior to the expiration of the Feasibility Period, Purchaser’s 's right to terminate under this Section 3.2 shall be permanently waived and this Contract shall remain in full force and effect, the Deposit shall be non-refundable, except as otherwise provided herein, effect and Purchaser’s 's obligation to purchase the Properties Property shall be conditional only as provided in Section 8.1.

Appears in 1 contract

Samples: Purchase and Sale Contract (Century Properties Growth Fund Xxii)

Expiration of Feasibility Period. If any of the matters in Section 3.1 or any other title or survey matters are unsatisfactory to Purchaser for any reason, or for no reason whatsoever, in Purchaser’s sole and absolute discretion, then Purchaser shall have the right to terminate this Contract in its entirety with respect by giving written notice to all Properties (but not in part with respect that effect to less than all Properties) by delivering a Termination Notice to Sellers’ Representative Seller and Escrow Agent no later than 5:00 p.m. on or before the date of expiration of the Feasibility Period. If Purchaser provides fails to provide Seller with written notice that it approves such Termination Noticematters on or before such date, Purchaser shall be deemed to have disapproved such matters, this Contract shall terminate and be of no further force and effect subject to and except for the Survival Provisions, and Escrow Agent shall return the Initial Deposit to Purchaser. If Purchaser fails to provide Sellers’ Representative with provides written notice of its approval of such Termination Notice matters prior to the expiration of the Feasibility Period, Purchaser’s right to terminate under this Section 3.2 shall be permanently waived and this Contract shall remain in full force and effect, the Deposit shall be non-refundable, refundable except as otherwise provided hereinexpressly set forth in this Contract, and Purchaser’s obligation to purchase the Properties Property shall be conditional only as provided in Section 8.1.

Appears in 1 contract

Samples: Purchase and Sale Contract (Century Properties Fund Xvii)

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Expiration of Feasibility Period. If any of the matters in Section 3.1 or any other title or survey matters are unsatisfactory to Purchaser for any reason, or for no reason whatsoever, in Purchaser’s sole and absolute discretion, then Purchaser shall have the right to terminate this Contract in its entirety with respect to all both Properties (but not in part with respect to less than all both Properties) by delivering a Termination Notice giving written notice to that effect to Sellers’ Representative and Escrow Agent no later than 5:00 p.m. on or before the date of expiration of the Feasibility Period. If Purchaser provides such Termination Noticenotice, this Contract shall terminate and be of no further force and effect subject to and except for the Survival Provisions, and Escrow Agent shall return the Initial Deposit to Purchaser. If Purchaser fails to provide Sellers’ Representative with such Termination Notice written notice of termination prior to the expiration of the Feasibility Period, Purchaser’s right to terminate under this Section 3.2 shall be permanently waived and this Contract shall remain in full force and effect, the Deposit shall be non-refundable, refundable except as otherwise provided hereinexpressly set forth in this Contract, and Purchaser’s obligation to purchase the Properties shall be conditional only as provided in Section 8.1.

Appears in 1 contract

Samples: Purchase and Sale Contract (Shelter Properties v Limited Partnership)

Expiration of Feasibility Period. If any of the matters in Section 3.1 or any other title or survey matters are unsatisfactory to Purchaser for any reason, or for no reason whatsoever, in Purchaser’s 's sole and absolute discretion, or if for any other reason, or for no reason whatsoever Purchaser, in its sole discretion, determines not to purchase the Property, then Purchaser shall have the right to terminate this Contract in its entirety with respect by giving written notice to all Properties (but not in part with respect that effect to less than all Properties) by delivering a Termination Notice to Sellers’ Representative Seller and Escrow Agent no later than 5:00 p.m. on or before the date of expiration of the Feasibility Period. If Purchaser provides such Termination Noticenotice, this Contract shall terminate and be of no further force and effect subject to and except for the Survival Provisions, and Escrow Agent shall return the Initial Deposit to Purchaser. If Purchaser fails to provide Sellers’ Representative Seller with such Termination Notice written notice of termination prior to the expiration of the Feasibility Period, Purchaser’s 's right to terminate under this Section 3.2 shall be permanently waived and this Contract shall remain in full force and effect, the Deposit shall be non-refundable, except as otherwise expressly provided herein, herein and Purchaser’s 's obligation to purchase the Properties Property shall be conditional only as provided in Section 8.1.

Appears in 1 contract

Samples: Purchase and Sale Contract (Davidson Diversified Real Estate Ii Limited Partnership)

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