Procedures Upon Failure of Condition. Except as otherwise expressly provided herein, if any of the conditions set forth in this Agreement is not timely satisfied or waived for a reason other than the default of Buyer or Seller in the performance of their respective obligations under this Agreement: (i) This Agreement, the escrow and the respective rights and obligations of Seller and Buyer hereunder shall terminate, subject to the survival of such obligations hereunder as survive such termination; (ii) Escrow Holder shall promptly return to Buyer all funds of Buyer in its possession, including the Deposit, and to Seller and Buyer all documents deposited by them respectively, which are then held by Escrow Holder; and (iii) Any escrow cancellation and title charges shall be shared equally buy Buyer and Seller.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (Seachange International Inc), Purchase and Sale Agreement (MACOM Technology Solutions Holdings, Inc.), Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)
Procedures Upon Failure of Condition. Except as otherwise expressly provided herein, if any of the conditions set forth in this Agreement is not timely satisfied or waived for a reason other than the default of Buyer or Seller Sellers in the performance of their respective obligations under this Agreement:
(i) This Agreement, the escrow and the respective rights and obligations of Seller Sellers and Buyer hereunder shall terminate, subject to the survival of such obligations hereunder as survive such termination;
(ii) Escrow Holder shall promptly return to Buyer all funds of Buyer in its possession, including the Deposit, and to Seller Sellers and Buyer all documents deposited by them respectively, which are then held by Escrow Holder; and
(iii) Any escrow cancellation and title charges shall be shared equally buy by Buyer and SellerSellers.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.), Purchase and Sale Agreement (Plymouth Industrial REIT Inc.), Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)
Procedures Upon Failure of Condition. Except as otherwise expressly provided herein, if any of the conditions set forth in this Agreement is not timely satisfied or waived for a reason other than the default of Buyer or Seller in the performance of their respective obligations under this Agreement:
(i) This Agreement, the escrow and the respective rights and obligations of Seller and Buyer hereunder shall terminate, subject to the survival of such obligations hereunder as survive such termination;
(ii) Escrow Holder shall promptly return to Buyer all funds of Buyer in its possession, including the Deposit, and to Seller and Buyer all documents deposited by them respectively, which are then held by Escrow Holder; and
(iii) Any escrow cancellation and title charges shall be shared equally buy Buyer and Seller.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)
Procedures Upon Failure of Condition. Except as otherwise expressly provided herein, if any of the conditions set forth in this Agreement is not timely satisfied or waived for a reason other than the default of Buyer or Seller in the performance of their respective obligations under this Agreement:
(i) This Agreement, the escrow and the respective rights and obligations of Seller and Buyer hereunder shall terminate, subject to the survival of such obligations hereunder as survive such termination;
(ii) Escrow Holder shall promptly return to Buyer all funds of Buyer in its possession, including the Xxxxxxx Money Deposit, and to Seller and Buyer all documents deposited by them respectively, which are then held by Escrow Holder; and
(iii) Any escrow cancellation and title charges shall be shared equally buy by Buyer and Seller.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)
Procedures Upon Failure of Condition. Except as otherwise expressly provided herein, if any of the conditions set forth in this Agreement is not timely satisfied or waived for a reason other than the default of Buyer or Seller Sellers in the performance of their respective obligations under this Agreement:
(i) This Agreement, the escrow and the respective rights and obligations of Seller Sellers and Buyer hereunder shall terminate, subject to the survival of such obligations hereunder as survive such termination;
(ii) Escrow Holder Holder, upon receipt of the joint direction of both Buyer and Sellers, shall promptly return to Buyer all funds of Buyer in its possession, including the Deposit, and to Seller Sellers and Buyer all documents deposited by them respectively, which are then held by Escrow Holder; and
(iii) Any escrow cancellation and title charges shall be shared equally buy Buyer and SellerSellers.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)
Procedures Upon Failure of Condition. Except as otherwise expressly provided herein, if any of the conditions set forth in this Agreement is not timely satisfied or waived for a reason other than the default of Buyer or Seller in the performance of their respective obligations under this Agreement:
(i) This Agreement, the escrow and the respective rights and obligations of Seller and Buyer hereunder shall terminate, subject to the survival of such obligations hereunder as survive such termination;
(ii) Escrow Holder and Title Company shall promptly return to Buyer all funds of Buyer in its possession, including the Deposit, and to Seller and Buyer all documents deposited by them respectively, which are then held by Escrow Holder; and
(iii) Any escrow cancellation and title charges shall be shared equally buy Buyer and Sellerborne by Buyer.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Owens Mortgage Investment Fund a Calif LTD Partnership)
Procedures Upon Failure of Condition. Except as otherwise expressly provided herein, if any of the conditions set forth in this Agreement is not timely satisfied or waived for a reason other than the default of Buyer or Seller in the performance of their respective obligations under this Agreement:
(i) This Agreement, the escrow and the respective rights and obligations of Seller and Buyer hereunder shall terminate, subject to the survival of such obligations hereunder as survive such termination;
(ii) Escrow Holder shall promptly return to Buyer all funds of Buyer in its possession, including the Deposit, and to Seller and Buyer all documents deposited by them respectively, which are then held by Escrow Holder; and;
(iii) Any escrow cancellation and title charges shall be shared equally buy by Buyer and Seller; and
(iv) The Loan Assumption Fees shall be paid by Seller.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)
Procedures Upon Failure of Condition. Except as otherwise expressly provided herein, if any of the conditions set forth in this Agreement is not timely satisfied or waived for a reason other than the default of Buyer or Seller in the performance of their respective obligations under this Agreement:
(i) This Agreement, the escrow and the respective rights and obligations of Seller and Buyer hereunder shall terminate, subject to the survival of such obligations hereunder as survive such termination;
(ii) Escrow Holder shall promptly return to Buyer all funds of Buyer in its possession, including but not limited to the Deposit, and to Seller and Buyer all documents deposited by them respectively, which are then held by Escrow Holder; and
(iii) Any escrow cancellation and title charges shall be shared equally buy Buyer and borne by Seller.
Appears in 1 contract