Common use of Not Material Clause in Contracts

Not Material. If the Property is not Materially Damaged, then neither Purchaser nor Seller shall have the right to terminate this Agreement, and Seller shall, at its option, either (i) repair the damage before the Closing in a manner reasonably satisfactory to Purchaser, or (ii) credit Purchaser at Closing for the reasonable cost to complete the repair (in which case Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 9 contracts

Samples: Purchase and Sale Agreement (Wells Mid-Horizon Value-Added Fund I LLC), Purchase and Sale Agreement (Amerivest Properties Inc), Purchase and Sale Agreement (Amerivest Properties Inc)

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Not Material. If the Property is not Materially Damaged, then neither Purchaser nor Seller shall have the right to terminate this Agreement, and Seller shall, at its option, either (ia) repair the damage before the Closing in a manner reasonably satisfactory to PurchaserPurchaser (and if necessary, Seller may extend the Closing Date up to 30 days to complete such repairs), or (iib) credit Purchaser at Closing for the reasonable cost to complete the repair (in which case Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 8 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.), Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Not Material. If the Property is not Materially Damaged, then neither Purchaser nor Seller shall not have the right to terminate this Agreement, and Seller shall, at its option, either (ia) repair the damage before the Closing in a manner reasonably satisfactory to PurchaserPurchaser (and if necessary, Seller may extend the Closing Date up to 30 days to complete such repairs), or (iib) credit Purchaser at Closing for the reasonable cost to complete the repair (in which case Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 3 contracts

Samples: Purchase and Sale Agreement (McAfee Corp.), Purchase and Sale Agreement (Industrial Property Trust Inc.), Purchase and Sale Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Not Material. If the Property is not Materially Damaged, then neither Purchaser nor Seller shall have the right to terminate this Agreement, and Seller shall, at its option, either (i) repair the damage before the Closing in a manner reasonably satisfactory to Purchaser, or (ii) credit Purchaser at Closing for the reasonable cost to complete the repair (in which case Seller shall retain all casualty insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

Not Material. If the Property is not Materially Damaged, then neither Purchaser nor Seller shall have the no right to terminate this Agreement, and Seller shall, at its option, either (ia) repair the damage before the Closing in a manner reasonably satisfactory to PurchaserPurchaser (and if necessary, Seller may extend the Closing Date up to 30 days to complete such repairs), or (iib) credit Purchaser at Closing for the reasonable cost to complete the repair (in which case Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc), Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)

Not Material. If the Real Property is not Materially Damaged, then neither Purchaser Buyer nor Seller shall have the right to terminate this Agreement, and Seller shall, at its option, either (i) repair the damage before the Closing in a manner reasonably satisfactory to PurchaserBuyer, or (ii) credit Purchaser Buyer at Closing for the reasonable cost to complete the repair in such manner so as to restore the damaged portion of the Property substantially to its previous condition (in which case Seller shall retain all insurance proceeds and Purchaser Buyer shall assume full responsibility for all needed repairs).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Terreno Realty Corp)

Not Material. If the Property is damage to the Properties does not Materially Damagedresult in a Material Loss, then neither Purchaser nor Seller shall have the right to terminate this Agreement, and Seller shall, at its option, either (ia) fully repair the damage before the Closing in a manner reasonably satisfactory to Purchaser, or (iib) credit Purchaser at Closing for the reasonable cost to complete the repair (in which case Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)

Not Material. If the Property is not Materially Damaged, then neither Purchaser nor Seller shall have the right to terminate this Agreement, and Seller shall, at its option, either (i) repair the damage before the Closing in a manner reasonably satisfactory to Purchaser, or (ii) credit Purchaser at Closing for the reasonable cost to complete the repair plus a pro rata share of the rental or business loss proceeds, if any, applicable to the period of time after Closing (in which case Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Apple Residential Income Trust Inc)

Not Material. If the Property is not Materially Damaged, then neither Purchaser nor Seller shall have the right to terminate this Agreement, and Seller shall, at its optionClosing, either (i) repair assign the damage before the Closing in a manner reasonably satisfactory insurance proceeds to Purchaser, or (ii) Purchaser and credit Purchaser at Closing for the reasonable cost to complete amount of the repair (in which case Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs)deductible, if any.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)

Not Material. If the Property is not Materially Damaged, then neither Purchaser nor Seller shall not have the right to terminate this AgreementAgreement under Section 6.2(a), and Seller shall, at its option, either (i) repair the damage before the Closing in a manner reasonably satisfactory to Purchaser, or (ii) shall credit Purchaser at Closing for the reasonable cost to complete the repair (in which case repair, Seller shall retain all insurance proceeds relating to such casualty, and Purchaser shall assume full responsibility for all needed repairs).

Appears in 1 contract

Samples: Assignment and Assumption of Purchase and Sale Agreement (Industrial Income Trust Inc.)

Not Material. If the Property is not Materially Damaged, then neither Purchaser nor Seller shall not have the right to terminate this Agreement, and Seller shall, at its option, either (i) shall repair the damage before the Closing in a manner reasonably satisfactory to Purchaser, or (ii) credit Purchaser at Closing for the reasonable cost to complete the repair (in which case Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Preferred Apartment Communities Inc)

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Not Material. If the Property is not Materially Damaged, then neither Purchaser nor Seller shall have the right to terminate this Agreement, and Seller shall, at its option, either (i) repair the damage before the Closing in a manner reasonably satisfactory to PurchaserPurchaser (and if necessary, Seller may extend the Closing Date up to 30 days to complete such repairs), or (ii) credit Purchaser at Closing for the reasonable cost to complete the repair (in which case Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Piedmont Office Realty Trust, Inc.)

Not Material. If the a Property is not Materially Damaged, then then, subject to receipt of Lienholder’s Consent and Agreement to accept a reduction in net proceeds at Closing as a result of such damage, neither Purchaser nor Seller shall have the right to terminate this Agreement, Agreement and Seller shall, at its option, either (i) repair the damage before the Closing in a manner reasonably satisfactory to Purchaser, or (ii) Sellers shall credit Purchaser at Closing for the reasonable cost to complete the repair (in which case Seller Sellers shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).,

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Strategic Opportunity REIT, Inc.)

Not Material. If the Property is not Materially Damaged, then neither Purchaser nor Seller shall have the right to terminate this Agreement, and Seller shall, at its option, either (ia) repair the damage before the Closing in a manner reasonably satisfactory to PurchaserPurchaser (and if necessary, Seller may extend the Closing Date up to thirty (30) days to complete such repairs), or (iib) credit Purchaser at Closing for the reasonable cost to complete the repair (in which case Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Tejas Inc)

Not Material. If the Property is Properties or Facilities are not Materially Damaged, then neither Purchaser nor Seller shall have the right to terminate this Agreement, and Seller shall, at its option, either (i) repair the damage before the Closing in a manner reasonably satisfactory to Purchaser, or (ii) credit Purchaser at Closing for the reasonable cost to complete the repair (in which case Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 1 contract

Samples: Acquisition Agreement (Mace Security International Inc)

Not Material. If the Property is not Materially Damaged, then neither Purchaser nor Seller shall have the right to terminate this Agreement, and Seller shall, at its option, either (i1) repair the damage before the Closing in a manner reasonably satisfactory to Purchaser, or (ii) credit Purchaser at Closing for the reasonable cost to complete the repair (in which case Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Hittite Microwave Corp)

Not Material. If the applicable portion of the Property is not Materially Damaged, then neither Purchaser nor Seller shall have the right to terminate this AgreementAgreement with respect to such portion of the Property pursuant to this Section 6.2, and the applicable Seller shall, at its option, either (i) repair the damage before the Closing in a manner reasonably satisfactory to Purchaser, or (ii) credit Purchaser at Closing for 105% of the reasonable estimated cost to complete the repair (in which case the applicable Seller shall retain all insurance proceeds and Purchaser shall assume full responsibility for all needed repairs).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Amerivest Properties Inc)

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