INSPECTION CONTINGENCY. The obligations of the Buyer as set forth in this Agreement are contingent upon Buyer’s inspection of the Property. The Buyer shall have the right to conduct an inspection of the Property within days of the Effective Date. The choice and appointment of the inspector shall be the sole discretion of the Buyer who shall also solely bear the costs of the same. The time and date of the inspection shall be at the option of the Buyer but must be at a reasonable time and notice. In the event that upon completion of the inspection, the Buyer is not satisfied with the state of the Property, the Buyer shall notify the Seller of the unsatisfactory conditions and request the Seller to remedy the same. The Seller shall have days after receiving such notice to remedy the same. In the event that the Seller refuses to allow access to the Property to accommodate the inspection or fails to remedy the unsatisfactory conditions stated in the notice, the Buyer may, in the Buyer’s sole discretion, accept the Property as it is and proceed with the purchase under this Agreement, or terminate this Agreement and recover the Xxxxxxx Money, costs incurred in relation to this Agreement and .
INSPECTION CONTINGENCY a) Inspections shall be completed and results reported to Seller on or before 5:00 P.M. on:
INSPECTION CONTINGENCY. On or before the date that is thirty (30) days after the Effective Date, TRMC shall deliver to TLO written notice of (a) TRMC’s satisfaction or waiver, in TRMC’s sole discretion, with respect to the results of the inspection contingency stated in this Section 4, or (b) the failure of this condition. If TRMC fails to timely deliver such notice to TLO, then this condition shall be deemed not satisfied, and TRMC shall be under no obligation to proceed with the repurchase of the Rail Facility. If TRMC’s inspection contingency followed the exercise of the Right of First Refusal, then following TLO’s receipt of notice of the failure of this inspection contingency by TRMC (or TRMC’s failure to timely deliver the required notice to TLO), TLO shall be free to sell the Rail Facility to the third party submitting the Purchase Offer on the Purchase Terms, and TRMC’s Right of First Refusal, and TLO’s obligation under this Agreement, shall be null and void and without further force or effect. If TLO fails to enter into a Purchase and Sale Agreement with the third party submitting the Purchase Offer on the Purchase Terms, or thereafter the transaction fails to close, then TRMC’s Right of First Refusal shall continue in accordance with the terms of this Agreement for so long as TLO owns the Rail Facility. If TRMC timely notifies TLO of the satisfaction of this condition, then TRMC shall deposit into escrow, with First American Title Insurance Company or such other title insurance company as is satisfactory to the parties (the “Title Company”), an amount equal to two percent (2%) of the Repurchase Price, and the parties shall proceed to close the repurchase transaction within sixty (60) days thereafter.
INSPECTION CONTINGENCY. Buyer acting by representatives of Xxxxx’s choice shall complete the inspections, tests, assessments and title search of the Property as designated in Paragraph 9 prior to the “Inspection Completion Date” or the “Title Search Completion Date”, as the case may be. If, based upon such inspections, tests, assessments and title search, Xxxxx is not reasonably satisfied with the title or physical condition of the Property and so notifies the Seller or the Seller’s Attorney in writing, by certified mail, facsimile or hand delivery, not later than two business days after the “Inspection Completion Date,” or the “Title Search Completion Date,” as the case may be, this Contract shall be deemed terminated by such Notice and the Deposit shall be returned to the Buyer. Absent timely notice hereunder, terminating this Contract, this contin- gency shall be deemed satisfied and this Contract shall continue in full force and effect. Buyer Initials Seller Initials
INSPECTION CONTINGENCY. Buyer, at its sole expense, may obtain an inspection of all related improvements located on the Property and/or a Phase I environmental assessment of the Property. Buyer shall have the right to conduct sampling of the water, soil, air or building improvements with Seller's approval, which approval Seller shall not unreasonably withhold or delay. Buyer shall have sixty (60) days from the Effective Date to terminate this Contract by written notice to Seller resulting from Xxxxx's objection to any matter shown in an inspection report or Phase I environmental assessment, which materially affects the Property or Buyer's use of the Property. If Xxxxx does not terminate this Contract hereunder, then Xxxxx is deemed to have waived this inspection contingency and any right to object to the condition of the Property or any improvements located thereon. Seller shall have no obligation whatsoever to cure any matter to which the Buyer objects relating to the condition of the Property or any improvements located thereon.
INSPECTION CONTINGENCY. Broker(s) recommend that Buyer conduct independent private inspection(s) of property at Xxxxx’s expense. Due diligence may include, but is not limited to, any inspection(s) or research deemed necessary by Buyer, including; structural integrity, condition of mechanical systems, environmental status, health or safety conditions, surveys or infestation. To ensure intended use of premises it is recommended that Buyer research: square footage; building and use restrictions; easements; ordinances; regulations; school district; and/ or property tax status. If Buyer DOES NOT notify Seller, in writing, within calendar days from date of final acceptance of Agreement that Buyer is dissatisfied with results of due diligence, Agreement shall be binding without regard to said inspection(s). If Xxxxx notifies Seller, in writing and within specified time, that, in Xxxxx’s sole judgement, Xxxxx is dissatisfied with results of due diligence, Buyer shall do one, or a combination, of the following within the contingency period stated above.
INSPECTION CONTINGENCY. The agreement provides that the purchase is contingent upon the buyer’s inspection. The buyer can request the seller fix or repair any unsatisfactory conditions. You can choose whether or not to include a date by which the buyer and seller must agree on repairs. Step 11 – Write Down Title Insurance Details 17.
INSPECTION CONTINGENCY. (i) Buyer shall, during the period ("Inspection Period") from the date of this Agreement to the date occurring forty-five (45) days after the date of this Agreement, have the opportunity to examine the Property, the Ground Leases, the Tenant Leases, the Policy, the Permitted Encumbrances, any items to be delivered by Seller to Buyer, and to conduct such other inspections of the Property as Buyer, in its discretion, may elect.
INSPECTION CONTINGENCY. The obligation of Buyer to close hereunder shall be, and hereby is, conditioned upon Buyer’s waiver of or satisfaction in its sole discretion with, during the Inspection Contingency Period, the condition of the Property. As used herein, the term “Inspection Contingency Period” shall mean and refer to the period beginning with the Effective Date and ending at 5:00 p.m. Pacific time on January 15, 2014. On or before ten (10) days after the Effective Date, Seller shall provide to Buyer the documents listed in Exhibit D hereto and shall make available to Buyer any and all other documents and materials in Seller’s possession related to the ownership, management, construction, maintenance and operation of the Property (the “Due Diligence Materials”). During the Inspection Contingency Period, Buyer will have the right to perform inspections of the Property at Buyer’s expense, including the right to obtain and review environmental reports and to make or have made such inspections of the Property and all factors relevant to its use with respect to environmental matters, including, without limitation, the condition of the soils and sub surfaces, particularly with respect to the presence or absence of hazardous materials, and to make or have made such other inspections and investigations of the Property as Buyer desires. With respect to any inspection that will require excavations, borings, drilling, removal or demolition of any portion of the Property, or any other invasive activities on the Property (generally, “Invasive Testing”), Buyer shall submit to Seller a written plan describing such Invasive Testing in reasonable detail (an “Invasive Testing Plan”) for Seller’s written approval, which approval shall not be unreasonably withheld; provided however, if Seller disapproves any Invasive Testing, Buyer may terminate this Agreement effective upon giving written notice to Seller of such termination. Buyer may not proceed with any Invasive Testing unless Seller has expressly approved in writing the relevant Invasive Testing Plan, and Buyer shall conduct all Invasive Testing in compliance with the Invasive Testing Plan approved by Seller. Seller shall have the right to have a representative observe any testing activities and to request and receive split samples of any materials collected for analysis by or for Buyer. Buyer shall restore the Property to its original condition promptly after any Invasive Testing, original wear and tear excepted, but in no event later th...
INSPECTION CONTINGENCY. Buyer has ten (10) business days from acceptance of this offer to conduct an inspection. Buyer may rescind this offer for any reason whatsoever within that ten
