Failure of Condition. Except as otherwise provided in this Agreement, if the Escrow fails to close on the Outside Closing Date for any reason whatsoever, including, without limitation, a failure of a condition precedent set forth in this SECTION 9, either Buyer or Seller, if not then in default under this Agreement, may terminate the Escrow and this Agreement upon notice to the other; and, thereupon:
Appears in 5 contracts
Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Starwood Hotel & Resorts Worldwide Inc), Purchase and Sale Agreement (Starwood Hotel & Resorts Worldwide Inc), Purchase and Sale Agreement (Aspen Enterprises International Holdings LTD)
Failure of Condition. Except as otherwise provided in this Agreement, if the Escrow fails to close on or before the Outside Closing Date for any reason whatsoeverwhatsoever (other than a reason for which Buyer or Seller has the express right to postpone the Closing Date), including, without limitation, a failure of a condition precedent set forth in this SECTION 9Section 7, either Buyer or Seller, if not then in default under this Agreementhereunder, may terminate the Escrow and this Agreement upon notice to the other; and, thereupon:
Appears in 2 contracts
Samples: Agreement of Purchase and Sale (Apple REIT Seven, Inc.), Agreement of Purchase and Sale (Apple REIT Nine, Inc.)
Failure of Condition. Except as otherwise provided in this Agreement, if the Escrow fails to close on the Outside Closing Date for any reason whatsoever, including, without limitation, a failure of a condition precedent set forth in this SECTION Section 9, either Buyer or Seller, if not then in default under this Agreement, may terminate the Escrow and this Agreement upon notice to the other; and, thereupon:if
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Aspen Enterprises International Holdings LTD), Purchase and Sale Agreement (Aspen Enterprises International Holdings LTD)
Failure of Condition. Except as otherwise provided in this Agreement, if the Escrow fails to close on the Outside Closing Date for any reason whatsoever, including, without limitation, a failure of a condition precedent set forth in this SECTION Section 9, either Buyer or Seller, if not then in default under this Agreement, may terminate the Escrow and this Agreement upon notice to the other; and, thereupon:
Appears in 1 contract
Samples: Purchase and Sale Agreement (Aspen Enterprises International Holdings LTD)
Failure of Condition. Except as otherwise provided in this Agreement, -------------------- if the Escrow fails to close on or before the Outside Closing Date for any reason whatsoeverwhatsoever (other than a reason for which Purchaser has the express right to postpone Closing), including, without limitation, a failure of a condition precedent set forth in Article 9 or 10 or this SECTION 9Article 11, and either Buyer Purchaser or Seller, if not then in default under this Agreement, may HHR elects to terminate the Escrow and this Agreement upon notice to the other; andin accordance with this Agreement, thereuponthen:
Appears in 1 contract
Failure of Condition. Except as otherwise provided in this Agreement, if the Escrow fails to close on or before the Outside then-extant Scheduled Closing Date for any reason whatsoever, including, without limitation, a failure of a condition precedent set forth in this SECTION 9, either Buyer or Seller, if not then in default under this Agreement, may terminate the Escrow and this Agreement upon notice to in accordance with the otherprovisions of this Agreement; and, thereupon:
Appears in 1 contract
Samples: Purchase and Sale Agreement and Joint Escrow Instructions (G Reit Inc)
