Failure of Seller’s Conditions. If any of Seller’s Closing Conditions is not either fully satisfied or waived in writing before the Close of Escrow, then Seller may elect, by written notice to Buyer and Escrow Holder, to terminate this Agreement, in which event Buyer shall bear all Cancellation Charges (except as may be expressly provided otherwise in this Agreement) and the Parties shall have no further rights or obligations under this Agreement, except for the Surviving Obligations. Nothing in this Paragraph shall be construed to limit any of Seller’s rights or remedies under Paragraph 19 below in the event of a default by Buyer under this Agreement.
Failure of Seller’s Conditions. Subject to Seller's rights hereunder in the event of a default by Buyer which results in the failure of a Seller's Condition, Seller may terminate this Agreement by delivery of written notice to Buyer and Escrow Agent, in which event Escrow Agent shall return the Deposit to Buyer, Buyer shall pay the cancellation charges of Title Company and Escrow Agent, and neither party shall thereafter have any rights or obligations to the other hereunder, except those provisions which expressly survive Closing or earlier termination of this Agreement.
Failure of Seller’s Conditions. If any one or more of the conditions to Seller's obligations, as set forth in Article V.B., Section 6.4 or elsewhere in this Agreement, is not either fully performed, satisfied or waived in writing (or deemed waived as provided herein) on or before the Closing Date or such earlier date as provided elsewhere herein, then Seller may elect, by written notice as provided in Section 11.10 hereof, to terminate this Agreement and neither party shall have any further obligation to the other (except as set forth in Sections 6.2(b) and 6.11 hereof).
Failure of Seller’s Conditions. If any of the conditions to Seller's obligations have not been satisfied on or before the Closing Date as a result of Buyer's failure to comply with its obligations hereunder for a period of 30 days after receipt of Notice from Seller of such failure, and Seller is otherwise in material compliance with the terms hereof, Seller may terminate this Contract and receive the Deposit as liquidated damages pursuant to Section 14.01 hereof.
Failure of Seller’s Conditions. If any of Seller’s Conditions have not been fulfilled within the applicable time periods, Seller may terminate this Agreement by delivery of written notice thereof to Buyer. Upon such termination, (i) the parties shall equally share the Cancellation Charges, and (ii) neither party shall thereafter have any rights or obligations to the other hereunder, other than pursuant to any provision hereof that expressly survives the termination of this Agreement. Notwithstanding the foregoing, (i) if any Seller’s Condition is not satisfied due to a default by Bxxxx, Seller shall have the rights and remedies set forth in Section 12.2, and (ii) if any Seller’s Condition that is within the direction and control of Seller is not satisfied due to the unreasonable delay in acting by Seller, then Buyer shall have the rights and remedies set forth in Section 12.1.
Failure of Seller’s Conditions. If, as of October 6, 2003 or such later date as Purchaser may elect pursuant to Section 13.1(c), the conditions set forth in Section 11.3 have not been either satisfied or noticed by Seller and cured by Purchaser (excluding subparagraph (g)) in accordance with the terms and provisions of Section 15.4 hereof, or waived by Seller, this Agreement shall, at Seller's option, terminate.
Failure of Seller’s Conditions. If any of Seller’s Conditions have not been satisfied within the applicable time periods, Seller may pursue the remedies set forth in Section 9.2 to the extent applicable.
Failure of Seller’s Conditions. If any of Seller's closing conditions set forth in Section 2.2 have not been fulfilled within the applicable time periods, Seller may:
2.4.1 waive such closing condition(s) and close Escrow in accordance herewith, without adjustment or abatement of the Purchase Price; or
2.4.2 terminate this Agreement by written notice to Buyer and Escrow Agent, in which event (x) Escrow Agent shall return the Deposit to Buyer (unless the failure of such condition results from Buyer's default hereunder, in which case Escrow Agent shall deliver the Deposit to Seller or Seller's designee, which Seller (or its designee, as applicable) shall retain as liquidated damages, as Seller's sole and exclusive remedy hereunder, in accordance with the terms of Section 7.1), (y) all other documents, instruments and funds delivered into Escrow shall be returned to the party that delivered the same into Escrow, and (z) Seller shall pay twenty percent (20%), and Buyer shall pay eighty percent (80%), of all of the cancellation charges of Escrow Agent, if any.
Failure of Seller’s Conditions. If any of Sellers’ Conditions have not been fulfilled within the applicable time periods, Sellers may terminate this Agreement by delivery of written notice thereof to Buyer. Upon such termination, (i) the parties shall equally share the Cancellation Charges, and (ii) neither party shall thereafter have any rights or obligations to the other hereunder, other than pursuant to any provision hereof that expressly survives the termination of this Agreement. Notwithstanding the foregoing, if any Sellers’ Condition is not satisfied due to a default by Bxxxx, Sellers shall have the rights and remedies set forth in Section 12.2.
Failure of Seller’s Conditions. If any of the conditions precedent set forth in Sections 8.2.1 or 8.2.2 are not satisfied or waived by Seller on or prior to the date set for the Closing, then Seller shall have the rights provided in Section 16.1.
