Failure of Purchaser Closing Condition. Except as expressly provided in Section 9.4, if any of the Purchaser Closing Conditions is not satisfied at Closing, then Purchaser shall have the right (i) subject to Seller’s right to cure under Section 13.2, to terminate this Agreement by providing written notice to Seller, in which case the Xxxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4, and the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination, or (ii) to waive any of the Purchaser Closing Conditions at or prior to Closing.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Chesapeake Lodging Trust), Purchase and Sale Agreement (Chesapeake Lodging Trust), Purchase and Sale Agreement (Pebblebrook Hotel Trust)
Failure of Purchaser Closing Condition. Except as expressly provided in Section 9.4, if any of the Purchaser Closing Conditions is not satisfied at ClosingClosing and absent a Seller Default, then Purchaser shall shall, as Purchaser’s sole and exclusive remedy, have the right right, by providing written notice to Seller, to (i) subject to Seller’s right to cure under Section 13.2, to terminate this Agreement by providing written notice to SellerAgreement, in which case the Xxxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4, and the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination, or (ii) to waive any of the Purchaser Closing Conditions at or prior to Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Carey Watermark Investors Inc)
Failure of Purchaser Closing Condition. Except as expressly provided in Section 9.4, if any of the Purchaser Closing Conditions is not satisfied at Closing, then Purchaser shall have the right (i) subject to Seller’s right to cure under Section 13.2, to terminate this Agreement by providing written notice to Seller, in which case the Xxxxxxx Money Deposit shall be refunded to Purchaser in accordance with Section 3.2.4, and the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination, or (ii) to waive any of the Purchaser Closing Conditions at or prior to Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Highland Hospitality Corp)
Failure of Purchaser Closing Condition. Except as expressly provided in Section 9.4IX.D, if any of the Purchaser Closing Conditions is not satisfied at Closing, then Purchaser shall shall, as Purchaser’s sole and exclusive remedy, have the right right, by providing written notice to Seller, to (i) subject to Seller’s right to cure under Section 13.2XIII.B, to terminate this Agreement by providing written notice to SellerAgreement, in which case the Xxxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4III.B.4, and the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination, termination or (ii) to waive any of the Purchaser Closing Conditions at or prior to Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (DiamondRock Hospitality Co)