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..
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 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: Rent and Lease Term (Behringer Harvard Short Term Opportunity Fund I Lp), 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 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: 8 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 Money shall be returned to the non-defaulting party.
Appears in 1 contract
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..Closing Date, in which event the Deposit shall be returned to BUYER.
Appears in 1 contract
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...
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 Closing.., in which event the Exxxxxx Money shall be returned to Purchaser.
Appears in 1 contract
Samples: Liquidating Trust Agreement (Behringer Harvard Short Term Opportunity 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 Supplement by sending written notice to the other party on or before the date of Closing...
Appears in 1 contract
Samples: Supplement to Contribution Agreement (Behringer Harvard Opportunity REIT I, Inc.)
