Common use of Notice of Objections Clause in Contracts

Notice of Objections. 9.3.1 If Buyer fails to notify Seller in writing prior to the expiration of the Due Diligence Period of any objections to any matter discovered within the Due Diligence Period, Buyer will be deemed to have approved matters referred to therein or otherwise deemed relevant to Buyer in respect of the Real Property., and Buyer shall be deemed to have satisfied and waived its conditions pursuant to Section 8.1.1 and 8.1.2 above and this Section 9. 9.3.2 If Buyer notifies Seller in writing prior to the expiration of the Due Diligence Period of any objections to any matters relating to the Real Property within the Due Diligence Period, the parties will have five (5) business days to discuss resolution of the objection(s). This Agreement does not require either party to agree to a solution. If the parties cannot agree within the five (5) business day period as to resolution of the objection(s), then Buyer may terminate this Agreement by written notice to Seller and Escrow Holder, which notice must be given within three (3) business days after the expiration of the five (5) business day period and, as its sole remedy, Buyer will be entitled to the return of the Xxxxxxx Money Deposit, including any interest that may have accrued on any portion thereof in Escrow before its release. Any charges of the Title Company charged to cancel Escrow or to cancel title commitments, will be borne equally by Seller and Buyer.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

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Notice of Objections. 9.3.1 If Buyer fails to notify Seller in writing prior to the expiration of the Due Diligence Period of any objections to any matter discovered within the Due Diligence Period, Buyer will be deemed to have approved matters referred to therein or otherwise deemed relevant to Buyer in respect of the Real Property., and Buyer shall be deemed to have satisfied and waived its conditions pursuant to Section 8.1.1 and 8.1.2 above and this Section 9. 9.3.2 If Buyer notifies Seller in writing prior to the expiration of the Due Diligence Period of any objections to any matters relating to the Real Property within the Due Diligence Period, the parties will have five (5) business days to discuss resolution of the objection(s). This Agreement does not require either party to agree to a solution. If the parties cannot agree within the five (5) business day period as to resolution of the objection(s), then Buyer may terminate this Agreement by written notice to Seller and Escrow Holder, which notice must be given within three (3) business days after the expiration of the five (5) business day period and, as its sole remedy, Buyer will be entitled to the return of the Xxxxxxx Money Deposit, including any interest that may have accrued on any portion thereof in Escrow before its release. Any charges of the Title Company charged to cancel Escrow or to cancel title commitments, will be borne equally by Seller and BuyerXxxxx.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Notice of Objections. 9.3.1 9.5.1 If Buyer fails to notify Seller in writing prior of any objections to the items set forth in Section 9.1.2 on or before the expiration of the Due Diligence Period of any objections to any matter discovered within the Due Diligence Period, Buyer will shall be conclusively deemed to have approved matters referred to therein or otherwise deemed relevant to Buyer in respect of the Real Property., and Buyer shall be deemed to have satisfied and waived its conditions pursuant to Section 8.1.1 and 8.1.2 above and this Section 9such items. 9.3.2 9.5.2 If Buyer notifies Seller in writing prior to the expiration of the Due Diligence Period of any objections to the condition of the Property or any other matters relating to the Real Property within and/or operation or financial condition of the Property as set forth in Section 9.1.2 on or before the expiration of the Due Diligence Period, the parties will have five (5) business days to discuss agree upon a resolution of the objection(s). This Agreement does not require either party to agree to a solution. If the parties cannot agree within the five (5) business day period as to resolution of the objection(s)period, then Buyer may terminate this Agreement by delivering written notice to Seller and Escrow Holder, (which notice must be given within three (3) business days after the expiration of the five (5) business day period), in which event the Deposit and any interest accrued thereon shall be immediately returned to Buyer without further instructions from Seller, and all rights and obligations of the parties existing hereunder shall terminate and be of no further force or effect, except any rights and obligations which are expressly stated to survive the termination of this Agreement. The Closing Date shall be extended by the number of days that it takes for Buyer and Seller to resolve any objections raised under this Section 9.5, including the three (3) day period andthat Buyer has to terminate this Agreement, as its sole remedy, Buyer will be entitled to the return of the Xxxxxxx Money Deposit, including any interest that may have accrued on any portion thereof provided in Escrow before its release. Any charges of the Title Company charged to cancel Escrow or to cancel title commitments, will be borne equally by Seller and Buyerthis Section 9.5.2 above.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Arden Realty Inc)

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