Failure to Terminate. If, following notice of an anticipated delay under Article 16(b)(ii), this Lease is not terminated in accordance with the provisions of such Article, then the Scheduled Aircraft Delivery for the Aircraft otherwise required hereunder shall be extended by a period equal to the resulting delay.
Failure to Terminate. In the event the Purchaser does not notify the Seller in writing, on or before the end of the Feasibility Period, of the Purchaser’s election to terminate this Agreement, the Purchaser’s right to terminate under Section 3.3 shall expire. The Seller shall retain its election to terminate until Closing by delivering notice and the Termination Payment to the Seller, provided that unless it shall terminate as a result of the Purchaser’s non- performance hereunder, the Deposit shall be returned to the Purchaser.
Failure to Terminate. If any portion of the Property is destroyed by a Casualty or a Taking occurs, and this Agreement is not terminated pursuant to Section 11.2, then at the Closing the following shall occur:
Failure to Terminate. Tenant, for and in consideration of this Lease and the demise of the said premises, agrees and covenants, with Landlord that failure, neglect, or omission of Landlord to terminate this Lease for any one or more breaches of any of the covenants hereof remaining unresolved, shall not be deemed a consent by Landlord of such breach and shall not stop, bar, or prevent Landlord from thereafter terminating this Lease, either for such violation, or for any unresolved prior or subsequent violation of any covenant hereof.
Failure to Terminate. If, despite Patriot's reasonable best efforts, any such Exhibit A Hotel Franchise Agreement is not terminated on the date set forth on Exhibit A solely because the relevant consents and approvals listed on Schedule 6.2.6 have not been obtained, the management fees payable to Marriott pursuant to the Submanagement Agreements shall be adjusted downward (pro-rata, with respect to all Submanagement Agreements) to reflect the continuation of such Exhibit A Hotel Franchise Agreements beyond such agreed upon termination date. If Patriot ultimately obtains such missing consent within one (1) year after the scheduled termination of the relevant Exhibit A Hotel Franchise Agreement, then such Franchise Agreement (and the related owner's agreement) shall be terminated as of the date of such consent and the management fees under the related Submanagement Agreements shall be re-adjusted upward (pro-rata, with respect to all Submanagement Agreements) to reflect such termination as of such date. Adjustments under this Section 3.1.2 shall be effected in a manner that is designed to achieve fee neutrality on a net present value basis, assuming a 7.3% per annum discount rate, between the termination fees otherwise payable in connection with the termination of the Exhibit A Hotel Franchise Agreement and the fees to be earned under the Submanagement Agreements relating to the Exhibit B Hotels in which Patriot holds a 100% ownership interest. If Patriot does not obtain such consent within one (1) year after the scheduled termination of the relevant Exhibit A Hotel Franchise Agreement, then the initial adjustment to the management fees to reflect the continuation of such Franchise Agreement shall become permanent, and the management of such hotel shall then be transferred to the Primary Manager.
Failure to Terminate. Failure to terminate this Agreement pursuant to this Section shall not constitute a waiver of any remedies the non-defaulting party would have been entitled to demand in the absence of this Section, whether by way of damages, termination or otherwise.
Failure to Terminate. If Buyer fails to terminate this Agreement pursuant to ¶ 1.3, then
Failure to Terminate. If any portion of the Property is destroyed by casualty, taken by eminent domain or made the subject of condemnation proceedings (or proposed or threatened condemnation proceedings), and Purchaser does not elect to terminate this Agreement pursuant to Section 9.2 hereof, then at the Closing the following shall occur:
Failure to Terminate. If either party elects to consummate the transactions contemplated by this Agreement despite the other party’s express written disclosure delivered at or prior to the Closing which makes specific reference to this Section 10.3 of (a) the failure of any of the conditions to the electing party’s obligations to close to be satisfied or (b) any material breach of this Agreement by the non-electing party which has not been cured, the electing party shall be deemed to have waived any right to assert any claim on account of the condition that has not been satisfied or such material breach.
Failure to Terminate. If Purchaser fails to terminate this Agreement in its entirety pursuant to Section 1.8 above, then (a) the Down Payment shall be non-refundable, except as expressly provided in this Agreement including, without limitation, as provided in Sections 2.5 and 4.6 below, and (b) Purchaser shall be deemed to represent to Seller that (i) Purchaser has concluded whatever investigation it desires in accordance with this Agreement; and (ii) Purchaser is satisfied with the condition of title.
