Common use of Independent Consideration Clause in Contracts

Independent Consideration. A portion of the amount deposited by Purchaser pursuant to Section 3.1, in the amount of One Hundred Dollars ($100) (the “Independent Consideration”) shall be earned by Seller upon execution and delivery of this Agreement by Seller and Purchaser. Seller and Purchaser hereby mutually acknowledge and agree that the Independent Consideration represents adequate bargained for consideration for Seller’s execution and delivery of this Agreement and Purchaser’s right to have inspected the Property pursuant to the terms of this Agreement. The Independent Consideration is in addition to and independent of any other consideration or payment provided for in this Agreement and is nonrefundable in all events. Upon the Closing (as hereinafter defined) or earlier termination of this Agreement, the Independent Consideration shall be paid to Seller.

Appears in 8 contracts

Samples: Contract of Sale (Hines Global Reit Ii, Inc.), Contract of Sale (Strategic Storage Trust, Inc.), Contract of Sale (Strategic Storage Trust, Inc.)

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Independent Consideration. A portion of the amount deposited by Purchaser pursuant to Section 3.1, in the amount of One Hundred Dollars ($100) (the “Independent Consideration”) shall be earned by Seller upon execution and delivery of this Agreement by Seller and Purchaser. Seller and Purchaser hereby mutually acknowledge and agree that the The Independent Consideration represents adequate bargained for consideration for Seller’s execution and delivery of this Agreement and Purchaser’s right to have inspected the Property pursuant to the terms of this Agreementhereof. The Independent Consideration is in addition to and independent of any other consideration or payment provided for in this Agreement herein and is nonrefundable in all events, except in the event of a Seller default. Upon the Closing “Closing” (as hereinafter defined) or earlier the termination of this Agreement, the Independent Consideration shall be paid to SellerSeller and shall be applicable to the Purchase Price, if the Closing occurs.

Appears in 1 contract

Samples: Contract of Purchase and Sale (Hines Global Reit Ii, Inc.)

Independent Consideration. A portion of the amount deposited by Purchaser pursuant to Section 3.1, in the amount of One Hundred Dollars ($100) (the “Independent Consideration”) shall be earned by Seller upon execution and delivery of this Agreement by Seller and Purchaser. Seller and Purchaser hereby mutually acknowledge and agree that the Independent Consideration represents adequate bargained for consideration for Seller’s execution and delivery of this Agreement and Purchaser’s right to have inspected the Property pursuant to the terms of this Agreement. The Independent Consideration is in addition to and independent of any other consideration or payment provided for in this Agreement and is nonrefundable in all events. Upon The Independent Consideration shall be credited against the Closing (as hereinafter defined) or earlier termination of Purchase Price at Closing, or, if this AgreementAgreement is terminated pursuant to the terms hereof, the Independent Consideration shall be paid to Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Legacy Partners Apartment REIT, Inc.)

Independent Consideration. A portion of the amount deposited by Purchaser pursuant to Section 3.13.1.1, in the amount of One Hundred Thousand Dollars ($1001,000) (the “Independent Consideration”) ), shall be earned by Seller upon execution and delivery of this Agreement by Seller and Purchaser. Seller and Purchaser hereby mutually acknowledge and agree that the The Independent Consideration represents adequate bargained for consideration for Seller’s execution and delivery of this Agreement and Purchaser’s right to have inspected the Property pursuant to the terms of this Agreementhereof. The Independent Consideration is in addition to and independent of any other consideration or payment provided for in this Agreement herein and is nonrefundable in all events. Upon the Closing “Closing” (as hereinafter defined) or earlier termination of this Agreement, the Independent Consideration shall be paid to Seller.

Appears in 1 contract

Samples: Contract of Sale (Bebe Stores, Inc.)

Independent Consideration. A portion of the amount deposited by Purchaser pursuant to Section 3.1Purchase Price, in the amount of One Hundred and No/100 Dollars ($100100.00) (the “Independent Consideration”) ), shall be earned by Seller upon execution and delivery of this Agreement by Seller and PurchaserBuyer. Seller and Purchaser Buyer hereby mutually acknowledge and agree that the Independent Consideration represents adequate bargained for consideration for Seller’s execution and delivery of this Agreement and PurchaserBuyer’s right to have inspected inspect the Property pursuant to the terms of this Agreement. The Independent Consideration is in addition to and independent of any other consideration or payment provided for in this Agreement and is nonrefundable in all events. Upon the Closing (as hereinafter defined) or earlier termination of this Agreement, the Independent Consideration shall be paid to Seller.

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Agreement to Enter Into Lease (Ducommun Inc /De/)

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Independent Consideration. A portion of the amount deposited by Purchaser pursuant to Section 3.13.1.1, in the amount of One Hundred Dollars ($100) (the “Independent Consideration”) shall be earned by Seller Sellers upon execution and delivery of this Agreement by Seller Sellers and Purchaser. Seller Sellers and Purchaser hereby mutually acknowledge and agree that the Independent Consideration represents adequate bargained for consideration for Seller’s Sellers’ execution and delivery of this Agreement and Purchaser’s right to have inspected the Property pursuant to the terms of this Agreement. The Independent Consideration is in addition to and independent of any other consideration or payment provided for in this Agreement and is nonrefundable in all events. Upon the Closing (as hereinafter defined) or earlier termination of this Agreement, the Independent Consideration shall be paid to SellerSellers.

Appears in 1 contract

Samples: Contract of Sale (KBS Real Estate Investment Trust III, Inc.)

Independent Consideration. A portion of the amount deposited by Purchaser Buyer pursuant to Section 3.1, 2.3(a) in the amount of One Hundred Dollars ONE HUNDRED DOLLARS ($100) (the “Independent Consideration”) shall be earned by Seller upon execution and delivery of this Agreement by Seller and PurchaserBuyer. Seller and Purchaser Bxxxx hereby mutually acknowledge and agree that the Independent Consideration represents adequate bargained for consideration for Seller’s execution and delivery of this Agreement and PurchaserBxxxx’s right to have inspected the Property pursuant to the terms of this Agreement. The Independent Consideration is in addition to and independent of any other consideration or payment provided for in this Agreement and is nonrefundable in all events. Upon the Closing (as hereinafter defined) or earlier the termination of this Agreement, notwithstanding anything to the contrary set forth in this Agreement, the Independent Consideration shall be paid to Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ryman Hospitality Properties, Inc.)

Independent Consideration. A portion of the amount deposited by Purchaser pursuant to Section 3.1, in the amount of One Hundred Dollars ($100) (the “Independent Consideration”) shall be earned by Seller upon execution and delivery of this Agreement by Seller and Purchaser. Seller and Purchaser hereby mutually acknowledge and agree that the The Independent Consideration represents adequate bargained for consideration for Seller’s execution and delivery of this Agreement and Purchaser’s right to have inspected the Property pursuant to the terms of this Agreementhereof. The Independent Consideration is in addition to and independent of any other consideration or payment provided for in this Agreement herein and is nonrefundable in all events. Upon the Closing “Closing” (as hereinafter defined) ), or earlier termination of this Agreement, the Independent Consideration shall be paid to Seller.

Appears in 1 contract

Samples: Contract of Sale (KBS Strategic Opportunity REIT II, Inc.)

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