Possession and Risk of Loss. (a) Subject to Paragraph 7(c), Buyer acknowledges that Buyer has not been promised an exact time for occupancy or completion of the Unit and the Common Elements and that possession of the Unit shall remain exclusively with Seller until: (i) all amounts due from Buyer under this Contract have been paid; (ii) all instruments or documents required in connection with the completion of this transaction have been executed and delivered by Buyer; (iii) the deed from Seller is recorded; and (iv) Closing occurs. Buyer shall not install any improvement, perform any work or store any property in the Unit or any other areas of the Condominium prior to Closing. Buyer understands that during the course of construction the Condominium may contain dangerous conditions. Neither Buyer nor any member of Buyer’s family or Buyer’s agents, representatives, contractors, guests, or invitees (collectively "Buyer Parties" or "Buyer Party") shall enter the Unit or the Building without Seller's prior approval, and if Buyer or any Buyer Party (with or without said approval) enters the Building, the Unit or any other part of the Condominium during the course of construction, or at any time before Closing, Buyer and any Buyer Party assumes the risk of bodily injury while in the Unit or the Building or at the Condominium. Xxxxx agrees to indemnify, defend and hold Seller harmless for, from and against any and all claims, demands, or causes of action arising in favor of Xxxxx, Xxxxx's Parties, or any such third party who enters the Condominium or the Building or the Unit relating to bodily injury, death or as a result of damage to the Unit, the Building or the Condominium prior to the Closing, while Buyer or any Buyer Parties are on the Condominium or in the Unit or the Building regardless of whether Seller or its agents, employees or contractors are actively or passively negligent, in whole or in part.
(b) Buyer shall not interfere, give instruction to or request work to be done by Seller's employees, contractors or subcontractors at the Condominium. Contractors, employees and subcontractors at the Condominium do not have authority to agree to construction changes or to make agreements on behalf of Seller. Buyer understands that Condominium employees, contractors and subcontractors have no authority to change the Plans or any of the terms of this Contract or bind Seller to the performance of any work on the Unit.
(c) Except as may be caused by Xxxxx's acts, omissions, or negligence, or B...
Possession and Risk of Loss. Possession of the real property shall transfer to Buyer at the time of closing. Seller shall retain risk of loss until possession or closing.
Possession and Risk of Loss. Possession and the risk of any loss or damage to the Property shall remain with the Seller until the Closing, unless otherwise specified herein.
Possession and Risk of Loss. From and after the Closing, Buyer shall be entitled to possession of the Assets and the Liabilities, and all risk of loss with respect thereto shall pass to Buyer as of the Closing.
Possession and Risk of Loss. Possession of the Lots shall be delivered at time of closing thereon. The risk of loss or damage to the respective Lots by fire or other casualty is assumed by Seller until the date of closing thereon, except damage caused by Purchaser in connection with Section 25 of this Agreement.
Possession and Risk of Loss. Right to possession of the Purchased Assets shall transfer to Purchaser on the Closing Date. Sellers shall transfer and deliver to Purchaser on the Closing Date such keys, locks and safe combinations and other similar items as Purchaser may reasonably require to obtain occupation and control of the Purchased Assets, and shall also make available to Purchaser at their then-existing locations the originals of all documents in Sellers’ possession that are required to be transferred to Purchaser by this Agreement. The risk of loss of, or damage or destruction to, any of the Acquired Restaurants to be conveyed to Purchaser under this Agreement shall be borne by Sellers until Closing.
Possession and Risk of Loss. Seller retains possession and assumes risk of loss prior to Closing. Purchaser shall be entitled to possession of the Property upon the Closing Date.
Possession and Risk of Loss. Possession of the Property shall be surrendered by Seller to Buyer at the time of closing hereunder. Prior to the surrender of possession, Seller shall commit or permit no waste, deterioration or destruction of the Property, normal wear and tear accepted, and shall bear all risk of loss of whatever nature. In the event of loss or damage to more than three percent (3%) of the Property, Buyer shall have the option (for a period of ten (10) days after Buyer receives written notice of any such loss or damage) of either accepting the Property “as is” together with all proceeds of insurance, if any, payable as a result of such loss or damage, or terminating this Contract and receiving the return of the Xxxxxxx Money Deposit, whereupon this Contract shall be terminated and null and void. Failure of Buyer to timely notify Seller of termination as provided in this Section 6 shall be deemed a waiver of the right to terminate and acceptance of the Property “as is” together with all proceeds of insurance, if any. If any loss or damage less than three percent (3%) of the Property, then Buyer shall accept the Property “as is” together with all proceeds of insurance, if any, payable as a result of such loss or damage.
Possession and Risk of Loss. Title to any Utilities used to produce Thermal Services from the Xxxx Center Plant (including for any Third Party Off-takers) will remain with the State at all times after such Utilities are delivered to the State by the applicable utility providers, but risk of loss with respect to the Thermal Services and the chilled water and heating water used to deliver the Thermal Services will be allocated between BREP and the State at the Points of Demarcation shown on Exhibit “A” attached hereto, with risk of loss residing with BREP for so long as the Thermal Energy is within the Xxxx Center Thermal Services Distribution Systems up to Points of Demarcation, and risk of loss residing with the State for so long as the Thermal Energy reaches those Points of Demarcation and is travels through the Xxxx Center Thermal Services Distribution System until again reaching Points of Demarcation. Risk of loss with respect to the Thermal Services and the chilled water and heating water used to deliver the Thermal Services will be allocated entirely to BREP with respect to Third Party Off-takers.
Possession and Risk of Loss. Possession and the risk of any loss or damage to the Property
