Common use of Frustration of Conditions Clause in Contracts

Frustration of Conditions. Neither the Purchaser nor the Company may rely on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3, as applicable, to be satisfied if such failure was caused by such Party’s breach in any material respect of any provision of this Agreement or failure in any material respect to use the standard of efforts required from such Party to consummate the transactions contemplated hereby.

Frustration of Conditions. Neither the Purchaser Buyer nor the Company may rely on the failure of any condition set forth in Section 6.1, Section 6.2 4.1 or Section 6.34.3, as applicablerespectively, to be satisfied if such failure was caused solely by such Party’s party's failure to act in good faith or a breach of or failure to perform or comply with any of its representations, warranties, covenants or other obligations in any material respect of any provision accordance with the terms of this Agreement or failure in any material respect to use the standard of efforts required from such Party to consummate the transactions contemplated herebyAgreement.

Frustration of Conditions. Neither the Purchaser Buyer nor the Company may rely on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3, as applicable, this ARTICLE 6 to be satisfied if such failure was caused by such Partyparty’s breach failure to comply with or perform any of its covenants or obligations set forth in any material respect of any provision of this Agreement or failure in any material respect to use the standard of efforts required from such Party to consummate the transactions contemplated herebyAgreement.

Frustration of Conditions. Neither the Purchaser nor the Company may rely on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3, as applicable, this Article 6 to be satisfied if such failure was caused by such Party’s breach party's failure to comply with or perform any of its covenants or obligations set forth in any material respect of any provision of this Agreement or failure in any material respect to use the standard of efforts required from such Party to consummate the transactions contemplated herebyAgreement.

Frustration of Conditions. Neither the Purchaser nor None of the Company or any Purchaser Party may rely on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3, as applicable, this Article VII to be satisfied if such failure was caused by such Party’s failure to act in good faith or use its reasonable best efforts to consummate the Merger, as required by and subject to Section 6.7, or by such Party’s breach in any material respect of any provision of this Agreement or failure in any material respect to use the standard of efforts required from such Party to consummate the transactions contemplated herebyAgreement.

Frustration of Conditions. Neither None of the Purchaser nor Buyers or the Company Sellers may rely on the failure of any condition set forth in Section 6.1, Section 6.2 Sections 5.1 or Section 6.35.2, as applicablethe case may be, to be satisfied if such failure was caused by such Party’s breach in any material respect of any provision of this Agreement or failure in any material respect to use the standard of its commercially reasonable efforts required from such Party to consummate the transactions contemplated by this Agreement; as required hereby.

Frustration of Conditions. Neither the Purchaser nor None of the Company or the Buyer Parties may rely on the failure of any condition set forth in Section 6.18.01, Section 6.2 8.02 or Section 6.38.03, as applicablethe case may be, to be satisfied if such failure was caused by such Partyparty’s breach failure to act in any material respect of any provision of this Agreement good faith or failure in any material respect to use the standard of its reasonable best efforts required from such Party to consummate the Merger and the other transactions contemplated herebyby this Agreement, as required by and subject to Section 7.07.

Frustration of Conditions. Neither the Purchaser Buyer nor the Company Seller Parties may rely on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3this Article 6, as applicable, to be satisfied if such failure was caused by such Partyparty’s breach in any material respect of any provision of this Agreement or failure in any material respect to use the standard of its commercially reasonable efforts required from such Party to consummate the Closing and the transactions contemplated hereby.hereby or any other material breach by such party of this Agreement. ARTICLE 7

Frustration of Conditions. Neither None of the Company, the Operating Partnership or the Purchaser nor the Company Parties may rely on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3, as applicablethe case may be, to be satisfied if such failure was caused by such Partyparty’s breach failure to act in any material respect of any provision of this Agreement good faith or failure in any material respect to use the standard of its reasonable best efforts required from such Party to consummate the Mergers and the other transactions contemplated herebyby this Agreement, as required by and subject to Section 5.2.

Frustration of Conditions. Neither the Purchaser nor None of the Company or any Purchaser Party may rely on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3, as applicable, this Article VII to be satisfied if such failure was caused by such Partyparty’s breach failure to act in any material respect of any provision of this Agreement good faith or failure in any material respect to use the standard of its reasonable best efforts required from such Party to consummate the transactions contemplated herebyMerger and the other Contemplated Transactions, as required by and subject to Section 6.7.

Frustration of Conditions. Neither the Purchaser nor the Company Parent, on the one hand, nor the Company, on the other hand, may rely on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3, as applicable, to be satisfied if such failure was caused by such Party’s breach in any material respect of any provision of this Agreement or failure in any material respect to use the standard of efforts required from such Party to consummate the transactions contemplated hereby.

Frustration of Conditions. Neither the Purchaser nor None of the Company or any Purchaser Party may rely on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3, as applicable, this Article VII to be satisfied if such failure was caused by such Party’s failure to act in good faith or use its reasonable best efforts to consummate the Merger and the other Contemplated Transactions, as required by and subject to Section 6.7, or by such Party’s breach in any material respect of any provision of this Agreement or failure in any material respect to use the standard of efforts required from such Party to consummate the transactions contemplated herebyAgreement.

Frustration of Conditions. ‌ Neither the Purchaser nor the Company may rely on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3, as applicable, to be satisfied if such failure was caused by such Party’s 's breach in any material respect of any provision of this Agreement or failure in any material respect to use the standard of efforts required from such Party to consummate the transactions contemplated hereby.