Common use of Failure of Condition Precedent Clause in Contracts

Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party on or before the date of Closing, in which event the Xxxxxxx Money shall be returned to Purchaser.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Purchase Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp)

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Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party on or before the date of Closing, in which event the Xxxxxxx Money shall be returned to Purchaser...

Appears in 2 contracts

Samples: Contribution Agreement (Behringer Harvard Opportunity REIT I, Inc.), Contribution Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement Supplement by sending written notice to the other party on or before the date of Closing, in which event the Xxxxxxx Money shall be returned to Purchaser.

Appears in 1 contract

Samples: Supplement to Contribution Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party on or before the date of Closing, in which event the Xxxxxxx Money shall be returned to Purchaser.

Appears in 1 contract

Samples: Contribution Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party on or before the date of ClosingClosing Date, in which event the Xxxxxxx Money Deposit shall be returned to PurchaserBUYER.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Insulet Corp)

Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party on or before the date of Closing, in which event the Xxxxxxx Money shall be returned to Purchaserthe non-defaulting party.

Appears in 1 contract

Samples: Purchase Agreement (Behringer Harvard Reit I Inc)

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Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedentconditions, the party benefited by to which such failed condition was to benefit shall have the option to (ai) waive such condition precedent and proceed to Closing, Closing or (bii) terminate this Agreement by sending written notice to the other party on or before the date of Closing, in which event the Xxxxxxx Money Deposit shall be returned to PurchaserBuyer (except if Buyer fails to deliver to Seller the Purchase Price as set forth in Section 3.2.2).

Appears in 1 contract

Samples: Sale, Purchase and Escrow Agreement (Behringer Harvard Reit I Inc)

Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited benefitted by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party party, on or before the date of Closing, in which event the Xxxxxxx Money shall be returned to Purchaser.

Appears in 1 contract

Samples: Purchase Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp)

Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party on or before the date of Closing, in which event the Xxxxxxx Exxxxxx Money shall be returned to Purchaser.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

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