Failure to Execute. Tenant’s failure to execute and deliver such statement within the time required shall at Landlord’s election be a default under this Lease and shall also be conclusive upon Tenant that: (a) this Lease is in full force and effect and has not been modified except as represented by Landlord; (b) to Tenant’s knowledge, there are no uncured defaults in Landlord’s performance and that Tenant has no right of offset, counter-claim or deduction against Rent and (c) not more than one month’s Rent has been paid in advance.
Failure to Execute. Failure by one or more Parties ("Non-Signatories") to execute this Deed on the date hereof will not invalidate the provisions of this Deed as between the other Parties who do execute this Deed. Such Non-Signatories may execute this Deed on a subsequent date and will thereupon become bound by its provisions.
Failure to Execute. Failure by one or more parties ("Non-Signatories") to execute this Debenture on the date hereof will not invalidate the provisions of this Debenture as between the other Parties who do execute this Debenture. Such Non-Signatories may execute this Debenture on a subsequent date and will thereupon become bound by its provisions.
Failure to Execute. Failure by one or more parties (Non-Signatories) to execute this Agreement on the date of this Agreement will not invalidate the provisions of this Agreement as between the other parties who do execute this Agreement. Such Non-Signatories may execute this Agreement (or counterpart of this Agreement) on a subsequent date and will thereupon become bound by its provisions.
Failure to Execute. Failure of any party to execute this Agreement renders this Agreement void as to the non-executing party, but such Agreement shall be valid and binding as to all other parties that execute such Agreement.
Failure to Execute. If, for any reason, a party to this Deed fails to execute it on or before the date on which it is dated, it will be valid and binding on those parties who have executed it. That party may execute and deliver this Deed on any later date and will become bound by it with effect from that date.
Failure to Execute. The failure of Tenant to execute, acknowledge and deliver to Landlord a statement as above, which failure continues for an additional period of five (5) business days after a second written notice from Landlord to Tenant, shall constitute a default by Tenant hereunder.
Failure to Execute. The failure of Tenant to execute, acknowledge and deliver to Landlord and/or any mortgagee a statement in accordance with the provisions of this paragraph within the said twenty (20) day period shall constitute acknowledgement by Tenant which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Demised Premises that this Lease has not been assigned, amended, changed, or modified, is in full force and effect and that the minimum annual and additional rent have been duly and fully paid not beyond the respective due dates immediately preceding the date of the request for such statement and shall constitute as to any persons entitled to rely on such statements a waiver of any defaults by Landlord or defenses or offsets against the enforcement of this Lease by Landlord which may exist prior to the date of the written request. Landlord at its option, may treat such failure as a deliberate event of default.
Failure to Execute. The obligations of the parties who have executed this Agreement shall not be affected by the fact that not all of the parties to this Agreement have validly executed this Agreement and such obligations shall be binding inter se.
Failure to Execute the Development Agreement or Pay the Option Payment. In the event Optionee (i) does not timely notify Optionor in writing (electronic mail acceptable) of its election to exercise the option within the Option Period, or (ii) if following delivery of such timely notification, the joinder agreement or the Development Agreement, as applicable, is not timely entered into by the Parties and/or the Option Payment is not made to Optionor within five (5) days following the execution of the joinder agreement or the Development Agreement, as applicable, then in case of (i) above, the option together with this Agreement, shall terminate and be of no force and effect, and in case of (ii) the option, together with this Agreement and any joinder agreement or Development Agreement, as applicable, shall terminate and be of no force and effect as between the Parties. In either case of (i) or (ii) above, Optionor and Optionee, shall have no further obligations or liability to each other; provided, (A) Optionee shall be required to return all Data provided by Optioner and destroy all copies, notes, and other reproductions and analysis of the Data, and shall evidence such destruction by an affidavit signed by an officer of Optionee, and (B) in the event of Optionor’s breach of this Agreement, Optionee shall be entitled to a full refund of the Option Fee paid to Optioner as liquidated damages as its sole and exclusive remedy.
