Common use of Purchaser’s Obligations Clause in Contracts

Purchaser’s Obligations. Conditions to Purchaser’s Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within seven (7) days from the Effective Date of this Contract, Purchaser shall cause the Title Company to furnish to the Purchaser a current commitment (“Title Commitment”) for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all documents constituting exceptions to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt of the later of the Title Commitment, deliver to Seller in writing such reasonable objections as Purchaser may have to anything contained or set forth in the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Purchaser shall elect to either (i) terminate this Contract, or (ii) waive those title objections which Seller has not satisfied and proceed to Closing. In the event Purchaser fails to elect (i) or (ii) in writing within such period, then, and in such event, Purchaser shall be deemed to have elected (ii). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the Property.

Purchaser’s Obligations. Conditions to Purchaser’s Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within Within seven (7) days from the Effective Date of this Contract, Purchaser shall cause the Title Company to furnish to the Purchaser a current commitment (“Title Commitment”) for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all documents constituting exceptions to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt of the later of the Title Commitment, deliver to Seller in writing such reasonable objections as Purchaser may have to anything contained or set forth in the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Purchaser shall elect to either (i) terminate this Contract, or (ii) waive those title objections which Seller has not satisfied and proceed to Closing. In the event Purchaser fails to elect (i) or (ii) in writing within such period, then, and in such event, Purchaser shall be deemed to have elected (ii). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the Property.

Purchaser’s Obligations. Conditions to Purchaser’s Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within Within seven (7) days from the Effective Date of this Contract, Purchaser shall cause the Title Company to furnish to the Purchaser a current commitment (“Title Commitment”) for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all documents constituting exceptions to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt of the later of the Title Commitment, deliver to Seller in writing such reasonable objections as Purchaser may have to anything contained or set forth in the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Purchaser shall elect to either (i) terminate this Contract, or (ii) waive those title objections which Seller has not satisfied and proceed to Closing. In the event Purchaser fails to elect (i) or (ii) in writing within such period, then, and in such event, Purchaser shall be deemed to have elected (ii). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the Property.

Purchaser’s Obligations. Conditions to 10.1 The Purchaser shall: 10.1.1 satisfy itself that the Product is suitable for the Purchaser’s Obligationsintended use; 3.01. The obligations 10.1.2 use the Product in a lawful manner with due regard to all laws and regulations pertaining to the use of such product; 10.1.3 except as permitted by the Consumer Xxxxxxxxxx Xxx 0000, not bring or threaten to bring any claim against the Supplier for loss or damage incurred or threatened against the Purchaser hereunder or arising directly or indirectly from the Purchaser’s use of the Product; 10.2 In regard to consummate Hired Product the transactions contemplated hereby are Purchaser shall: 10.2.1 if the Hired Product is intended to be used in a location or manner which is outside its usual or ordinary use, advise the Supplier of the intended location and/or nature of use at the time of hiring the Hired Product; 10.2.2 take proper and reasonable care of the Hired Product, subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior Suppliers obligation to the Closing). 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within seven (7) days from the Effective Date of maintain per this Contract, Purchaser shall cause and , if the Title Company to furnish product is hired, return it to the Supplier at the end of the hire period (to the Suppliers place of business, unless otherwise specified in the Contract) in the same order and condition as at the commencement of the hire (fair wear and tear excepted); 10.2.3 notify the Supplier immediately if the Hired Product is lost, stolen or damaged and shall follow all reasonable instructions of the Supplier; 10.2.4 be responsible, and indemnify the Supplier, for any loss, theft or damage to the Hired Product that occurs from the time the Purchaser a current commitment (“Title Commitment”) takes possession of the Hired Product until it is returned to the Supplier’s possession including: 10.2.4.1 in the case of damage, the full cost of all repairs to restore the Hired Product to the condition it was in at the time of hire; 10.2.4.2 in the case of loss, theft or irreparable damage to the product however caused, the full cost to the Supplier of replacing the Hired Product; and 10.2.5 in addition to the costs set out in clause 10.2.4, be responsible for and indemnify the Supplier for any loss of revenue suffered by the Supplier due to the unavailability of the Hired Product for hire due to loss, theft or damage; and 10.2.6 not remove, deface or obscure any marks of identification or Ownership or registration on the Hired Product. 10.2.7 not move or permit the Hired Product to be moved from the Purchaser’s premises specified on the Schedule without the Suppliers prior consent in writing. Any consent given by the Supplier is without prejudice to all the other obligations of the Purchaser under this Contract. 10.2.8 The Purchaser shall, upon request by the Supplier, advise the Supplier of the whereabouts of the Hired Product and allow the Supplier reasonable time to inspect and test the product and for such purposes the Purchaser gives irrevocable leave and licence to the Supplier to take possession of and/or remove the Hired Product, and to enter any premises where the Hired Product or any part of the Hired Product may be. 10.3 The Purchaser hires or purchases the Product at the Purchaser’s own risk and indemnifies the Supplier against any and all loss in respect of any loss of or damage to the Hired Product including any consequential loss 10.4 The Purchaser warrants that all persons who use the Product shall use the Product in the manner it was designed to be used, and follow any directions from the Supplier, local authorities, codes of practice and/or the manufacturer of the Product relating to the use and safety of the Product and shall comply with all obligations in relation to the use and control of the Product and person using said product in accordance with the Health and Safety at Work Xxx 0000 and all other relevant legislation. 10.5 If the Purchaser is not an individual, the person who signs the Contract on behalf of the Purchaser warrants that they have authority to bind the Purchaser and will, in any event, be personally liable for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all documents constituting exceptions to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt performance of the later obligations on the Purchaser. The person signing hereby indemnifies the Supplier against all losses and costs that may be incurred by the Supplier arising out of the Title Commitment, deliver to Seller in writing such reasonable objections as Purchaser may have to anything contained or set forth in person signing the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Purchaser shall elect to either (i) terminate this Contract, or (ii) waive those title objections which Seller has not satisfied and proceed to Closing. In the event Purchaser fails to elect (i) or (ii) in writing within such period, then, and in such event, Purchaser shall be deemed Contract failing to have elected (ii). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing such power or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the Propertyauthority.

Purchaser’s Obligations. Conditions to Purchaser’s Obligationsobligations are as follows: 3.01(a) Purchaser agrees to be bound by and comply with the terms and provisions of the Confidentiality Agreement as if Purchaser was an original party to such agreement. The obligations Confidentiality Agreement is hereby incorporated into this Agreement by reference and made a part of this Agreement and shall survive the execution of this Agreement notwithstanding the terms thereof. If a conflict arises between the provisions of this Agreement and the provisions of the Confidentiality Agreement, the provisions of the Confidentiality Agreement shall control. The provisions of this Section 4.3 shall terminate upon (1) the Closing or (2) if this Agreement is terminated pursuant to ARTICLE IX, the date two (2) years after the termination of this Agreement. (b) In the event that any Permit or Environmental Permit which is to be assigned to Purchaser hereunder is not assignable and Purchaser needs such Permit or Environmental Permit in order to consummate operate the Business, Purchaser shall use its best efforts and make every good faith attempt (and the Company shall reasonable cooperate with Purchaser) to obtain such Permit or Environmental Permit. (c) Purchaser shall, at its cost and expense, make all filings with, and provide all notices to, governmental authorities as are necessary in connection with the transactions contemplated hereby are subject by this Agreement, including, without limitation, all filings with, and all notices to, the U.S. Alcohol and Tobacco Tax and Trade Bureau and all similar state and local governmental agencies. (d) Purchaser shall provide Sellers with prompt written notice if Purchaser becomes aware of the breach of any representation, warranty or covenant of Purchaser that has rendered, or that would, in Purchaser’s good faith judgment, reasonably be expected to render impossible, the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior condition to the Closing)obligations of Sellers set forth in Section 5.1. 3.02. Seller shall have performed, observed, and complied with all (e) Without the prior written consent of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within seven (7) days from the Effective Date of this ContractGHI, Purchaser shall cause not (1) purchase additional shares in CBA or (2) otherwise provide financing to CBA, the Title Company proceeds of which in each case are intended to furnish be used by CBA to the Purchaser a current commitment (“Title Commitment”) for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all documents constituting exceptions to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt of the later of the Title Commitment, deliver to Seller in writing such reasonable objections as Purchaser exercise any rights it may have under FSB Operating Agreement to anything contained or set forth in acquire the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period Ownership Percentage of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Purchaser shall elect to either (i) terminate this Contract, or (ii) waive those title objections which Seller has not satisfied and proceed to Closing. In the event Purchaser fails to elect (i) or (ii) in writing within such period, then, and in such event, Purchaser shall be deemed to have elected (ii). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the PropertyGHI.