Failure of Buyer’s Closing Conditions. In the event one or more of Buyer’s conditions to the Closing set forth in Section 8.1 hereof are not satisfied or otherwise waived by Buyer on or before the Closing Date, and the failure of such conditions to be satisfied is not a result of a default by Seller or Buyer in the performance of their respective obligations under this Agreement, then Buyer shall have the right to terminate this Agreement and the Escrow by giving written notice of such termination to Seller prior to Closing. Upon any election by Buyer to terminate this Agreement and the Escrow pursuant to this Section 8.5(a), the provisions of Section 8.5(c) hereof shall govern.
Failure of Buyer’s Closing Conditions. In the event one or more of Buyer's conditions to the Closing set forth in Section 8.1 hereof are not satisfied by Seller or otherwise waived by Buyer on or before the Closing Date, and the failure of such conditions to be satisfied is not a result of a default by Seller or Buyer in the performance of their respective obligations under this Agreement, then Buyer shall have the right to extend the Closing Date for such period of time as reasonably necessary for Seller to satisfy such condition, not to exceed sixty (60) Calendar Days in the aggregate, by giving written notice to Seller. If Buyer does not make such election to extend, or if Buyer makes such election but such condition is not satisfied within such extended period, then Buyer shall have the right to terminate this Agreement and the Escrow by giving written notice of such termination to Seller. Upon any election by Buyer to terminate this Agreement and the Escrow pursuant to this Section 8.5(a), the provisions of Section 8.5(c) hereof shall govern.
Failure of Buyer’s Closing Conditions. If any of the Buyer's Closing Conditions have not been fulfilled within the applicable time periods, Buyer may:
4.2.1 waive the Buyer's Closing Condition and close in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or
4.2.2 terminate this Agreement by written notice to Seller.
Failure of Buyer’s Closing Conditions. If any of the Buyer’s Closing Conditions are not satisfied or expressly waived in writing by Buyer (or deemed waived by Buyer as provided herein) on or before the Closing Date, then Buyer may elect, in Buyer’s sole and absolute discretion, to terminate this Agreement by delivering written notice to Seller and Escrow Holder. If Buyer elects to terminate this Agreement either (1) due to the failure of a Buyer’s Closing Condition OTHER THAN, with respect to Subsections 4.3.1(c) or (d), to the extent an order, injunction or proceeding is against or due to the actions or inactions of Buyer, or (2) with respect to a New Title Matter which has not been approved, deemed approved or waived by Buyer, then (a) the Deposit (to the extent made (but not the Independent Consideration)) shall be returned to Buyer, (b) Seller shall pay any escrow and title cancellation fees and charges, (c) Buyer shall return to Seller (or certify to Seller the destruction of) any and all materials, data and other information relating to the Property given to Buyer by or on behalf of Seller, including the Seller Deliveries, and (d) thereafter neither party shall have any further rights or obligations under this Agreement except for the Surviving Obligations. Nothing contained herein shall be deemed or construed to waive any of the Buyer’s remedies under Section 5.2 of this Agreement if any Buyer’s Closing Condition is not satisfied due to a breach by Seller under this Agreement. This Section 4.4 shall survive any such termination of this Agreement.
Failure of Buyer’s Closing Conditions. Subject to Buyer's rights under Section 13.2 hereof with respect to any default by Seller (including, without limitation, any default in the performance of any covenants of Seller set forth in this Section 6), if any of the Buyer's Closing Conditions have not been fulfilled within the applicable time periods, Buyer may:
6.2.1 waive such Buyer's Closing Condition and close Escrow in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or
6.2.2 terminate this Agreement by written notice to Seller and to Escrow Agent, in which event Escrow Agent shall return the Deposit to Buyer, all other documents, instruments and funds delivered into Escrow shall be returned to the party that delivered the same into Escrow, Seller shall pay for all of the cancellation charges of the Title Company and Escrow Agent (if any), and Buyer shall be entitled to pursue all of its rights and remedies pursuant to Section 13.2 below.
Failure of Buyer’s Closing Conditions. Without limiting Buyer’s rights under Section 11.2 hereof with respect to any default by Colonial REIT if any of the Buyer’s Closing Conditions have not been fulfilled within the applicable time periods, Buyer may:
8.2.1 waive the Buyer’s Closing Condition and proceed to Closing in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or
8.2.2 terminate this Agreement by written notice to Colonial REIT, which termination shall take effect upon passage of a ten (10) day cure period if Colonial REIT fails to cure the relevant default during such period, provided such cure period shall extend the Outside Closing Date in which event the Deposit or Letter of Credit, as applicable, shall be treated as provided in Section 2.4.1.3.
Failure of Buyer’s Closing Conditions. Should any of the Buyer Closing Contingencies not be satisfied or waived on or prior to the Outside Date for reasons other than the default of the Selling Parties hereunder (which default shall be governed by the terms of Section 11.2 below), Buyer shall have the option, by written notice to the Selling Parties and Escrow Agent prior to the Closing, to either (i) waive the condition and close Escrow or (ii) terminate this Agreement, in which last event the Escrow shall be cancelled and the Deposit and all other funds and documents in Escrow shall be immediately returned to the Party having deposited the same, and the Parties shall have no further obligations to one another except under provisions of this Agreement expressly stated to survive the termination of this Agreement. If Buyer fails to elect either of the options set forth in the previous sentence, Buyer shall be deemed to have elected item (i) above.
Failure of Buyer’s Closing Conditions. If any of Buyer's Closing ------------------------------------- Conditions have not been fulfilled within the applicable time periods, Buyer may:
6.2.1 waive the Buyer's Closing Condition and close Escrow in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or
6.2.2 terminate this Agreement by written notice to Seller and Escrow Agent, in which event Escrow Agent shall return the Deposit to Buyer (subject to the provisions of Section 12.2), all other documents, ------------ instruments and funds delivered into Escrow shall be returned to the party that delivered the same into Escrow, Seller shall pay for all of the cancellation charges of Title Company and Escrow Agent, if any, and to the extent that the failure of any applicable Buyer's Closing Condition is caused by a Seller default, Buyer shall be entitled to pursue its rights and remedies pursuant to the terms of Section 12.2 hereof.
Failure of Buyer’s Closing Conditions. If any of Buyer’s Closing Conditions described in Section 5.1 above have not been fulfilled within the applicable time periods, Buyer may:
5.2.1 Waive the unfulfilled Buyer’s Closing Condition and proceed with Closing in accordance with this Agreement, without adjustment or abatement of the Option Price; or
5.2.2 Terminate this Agreement by written notice to Seller and Escrow Agent, in which event the Second Deposit shall be immediately returned to Buyer, unless the failure of any applicable Buyer’s Closing Condition is caused by a Seller default, in which case Buyer shall be entitled to pursue its rights and remedies pursuant to the terms of Section 9.1.
Failure of Buyer’s Closing Conditions. If any of Buyer’s Closing Conditions are not met, Buyer may either (a) waive any of Buyer’s Closing Conditions and proceed to Closing on the Closing Date with no offset or deduction from the Purchase Price, (b) terminate the Contract and receive a return of the Xxxxxxx Money, or (c) if such failure also constitutes a default by Seller, exercise any of its applicable remedies set forth in the Contract.
