Failure of Seller’s Conditions Precedent. If any of the condition(s) set forth in Section 9(b) have not been satisfied at the time required for Closing, then Seller may, at Seller’s option, elect to: (i) waive the performance of the unsatisfied condition(s) and proceed to Closing in accordance with the terms of this Agreement, in which event Purchaser shall remain obligated to proceed with due diligence to complete after such Closing, at Seller’s expense, the satisfaction of all condition(s) which are Purchaser’s obligation to complete; (ii) terminate this Agreement in its entirety, in which event the Deposit shall be returned to Purchaser and thereafter the parties shall be relieved of any further liability hereunder, except for those obligations which specifically survive such termination; (iii) extend the time for such Closing for up to six (6) months or such longer period as the parties may agree, but no longer than thirty (30) days after the actual time period needed to satisfy the unsatisfied condition(s); provided however, that in the event all such condition(s) have not been satisfied within said time period, Seller shall be entitled to elect any of options (i), (ii) or (iv); or (iv) exercise Seller’s remedies under Section 12(a) below in the event the failure of the condition(s) precedent to be satisfied is due to Purchaser’s default pursuant to this Agreement.
Failure of Seller’s Conditions Precedent. In the event any of the aforesaid conditions precedent shall not have been satisfied or shall not exist on the Closing Date, then, unless Seller shall have waived in writing the satisfaction or existence of such condition precedent, in its election and in its sole and subjective discretion, Seller shall not be obligated to close the transaction contemplated hereby and Purchaser shall be entitled to receive a return of the Deposit with any interest accrued thereon. If the failure of any condition precedent constitutes a default by Purchaser under this Agreement, Seller shall have the remedies provided by Section 14.2 below; otherwise upon receipt of the Deposit by Purchaser, Purchaser and Seller shall both be relieved of any further liability or obligation hereunder.
Failure of Seller’s Conditions Precedent. Each of Seller’s Conditions Precedent is intended solely for the benefit of Seller. If any of Seller’s Conditions Precedent is not satisfied as provided above, Seller may, at its option, terminate this Agreement. Upon any such termination, neither party shall have any further rights or obligations hereunder except as provided in Sections 5.3 and 5.5 or as otherwise expressly provided herein.
Failure of Seller’s Conditions Precedent. If the conditions precedent set forth in Sections 2.4.2.1, 2.4.2.2 and/or 2.4.2.3 are not satisfied on or prior to the Closing Date and Buyer has not exercised a right to terminate this Agreement under its terms, Seller may elect, at its option, (a) to waive the unsatisfied condition(s) in writing and proceed to close of Escrow or (b) pursue its remedies for breach as set forth in Section 7. If the Condition Precedent set forth in Section 2.4.2.4 above is not satisfied on or prior to the fifth (5th) calendar day prior to the Closing Date, this Agreement shall terminate (unless the parties agree otherwise in writing) and the Deposit shall be immediately returned to Buyer, Seller shall pay any escrow cancellation fees, and the parties hereto shall be released from all further obligations and liabilities under this Agreement except with respect to the covenants and indemnifications which shall expressly survive termination.
Failure of Seller’s Conditions Precedent. If the conditions precedent set forth in Section 10.01(b) above are not satisfied by Purchaser or waived by Seller prior to the Closing Date, then Seller shall have the option (in addition to any rights Seller may have under Section 13.01 below in the event that the non-satisfaction of a condition is a result of a breach or default by Purchaser) to either:
Failure of Seller’s Conditions Precedent. In the event any of the aforesaid conditions precedent shall not have been satisfied or shall not exist on the date of Closing, then, unless Seller shall have waived in writing the satisfaction or existence of such condition precedent, in its election and in its sole and subjective discretion, Seller shall not be obligated to close the transactions contemplated hereby, and if the failure of any condition precedent constitutes a default by Buyer under this Agreement, Seller shall have the remedies provided by Subsection 14.1 below.
Failure of Seller’s Conditions Precedent. Sellers shall not be obligated to sell the Property or close the transactions contemplated hereunder until the conditions precedent ("SELLERS' CONDITIONS PRECEDENT") set forth in SECTION 6.3 are completely satisfied. In the event that one or more Sellers' Conditions Precedent are not completely satisfied prior to or as of the Closing, Sellers shall provide written notice to Buyer and the Title Company of the unsatisfied Sellers' Conditions Precedent. In such event, Sellers may elect to: (a) extend the Closing Date for any period of time up to ten (10) days in order to satisfy any of the conditions set forth in SECTION 6.3; or (b) terminate this Agreement and the provisions of SECTION 3.8.2 shall apply; or, (c) proceed to Closing and if Sellers makes such election, Buyer shall be released of all liability in connection with those matters waived by Sellers. In the event that the failure of Sellers' Conditions Precedent is a default under this Agreement as set forth in SECTION 13.3 the provisions of SECTION 13.4 shall apply. An extension under this Section shall extend the closings under the Related Contracts and an extension under either of the Related Contacts shall extend the Closing hereunder.
