Common use of Failure of a Condition for the Benefit of Seller Clause in Contracts

Failure of a Condition for the Benefit of Seller. If any of the conditions to Closing set forth in Section 4.2 are not satisfied at the Closing Date for a reason other than the default of Buyer, Seller may terminate this Agreement by written notice to Buyer and the Title Company. In the event of such termination of this Agreement, the Escrow shall be terminated, the Deposit shall be returned to Buyer and all other funds and documents deposited with the Title Company shall be returned to the part having deposited the same. The foregoing shall not affect Seller’s remedies for a default by Buyer, which shall be governed by Section 11.

Appears in 4 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Electronics for Imaging Inc), Purchase and Sale Agreement (Gilead Sciences Inc)

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Failure of a Condition for the Benefit of Seller. If any of the conditions to Closing set forth in Section 4.2 4.24.2 are not satisfied at the Closing Date for a reason other than the default of Buyer, Seller may terminate this Agreement by written notice to Buyer and the Title Company. In the event of such termination of this Agreement, the Escrow shall be terminated, the Deposit shall be returned to Buyer and all other funds and documents deposited with the Title Company shall be returned to the part having deposited the same. The foregoing shall not affect Seller’s 's remedies for a default by Buyer, which shall be governed by Section 11.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Gilead Sciences Inc)

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