Sale Terms Clause Samples

Sale Terms. As used herein, the term "Sale Terms" shall mean: the purchase price; terms of payment of the purchase price (including any deposits); contingencies including, for example, due diligence, inspection or financing contingencies; closing date; settlement costs; expenses and adjustments; conditions upon which the proposed transfer is predicated, including the transferee’s post-closing use and development of the property; and any other terms a commercially reasonable seller and buyer of real property would include in connection with the consummation of the sale and purchase of real property, taking into account that the seller is a municipality that may value a public benefit more highly than cash consideration.

Sale Terms. It is presumed that Seller is selling all of Sellers’ interest in and to any of the properties identified by Seller for sale. If Seller desires to set a reserve price (i.e., a minimum acceptable sale price during the auction), Seller must notify MCEE in writing of the specified reserve price when providing information regarding said property(ies). If a reserve price is set, Seller authorizes MCEE, at MCEE’s sole discretion, to notify all bidders that a reserve price exists with respect to the properties on which a reserve price has been set. All sales are final when MCEE declares a winning bidder based on the high bid on the property(ies), unless the reserve price is not met during the auction sale. MCEE will attempt to get the maximum amount possible for the Seller’s properties, but Seller acknowledges that MCEE has made no promises, guarantees, warranties or other representations to Seller regarding the value of the properties being sold by Seller or the outcome of the auction. Seller acknowledges that MCEE has not stated any opinion of value or expectation of sale price to induce the Seller to enter into this Agreement, and Seller has not relied upon any representations of Seller in deciding to enter into this Agreement.

Sale Terms. AVIA Ashok shall sell the Products to ▇▇▇▇▇ at the prices set forth in Attachment A to this Agreement. The prices for the Products listed on Attachment A as of the Effective Date are based on the specifications as of the Effective Date of this Agreement changes in the Product specifications may result in mutually-agreeable changes to Product prices. Neither Party shall have any obligation to implement any changes to the Products until the Parties agree upon changes to the Product prices.

Sale Terms. The Apex Oil Company, Inc.,/▇▇▇▇▇ Oil Trading Company/▇▇▇▇▇▇▇▇▇ Oil Company/Enjet, Inc. General Terms and Conditions for Petroleum Product Purchases and Sales Effective August 1, 2010 (the “General Conditions”) are incorporated into and made a part of this Agreement for the purposes of Product sales made by Apex to Customer at any Terminal. A copy of the General Conditions may be obtained at Apex’s web page at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ or by phone from (▇▇▇) ▇▇▇-▇▇▇▇. The “Special Provisions” described in the General Conditions is the agreement, if any, entered into between Apex and Customer as to a firm price and delivery period prior to Customer or its Agents loading Product at the Terminal. In the absence of such agreement, Apex’s most recent posted prices at the Terminal will constitute the price for Product loaded at such Terminal.

Sale Terms. 8.1 This paragraph 8 shall apply where a Contract indicates that the Products shall be sold by AST and purchased by the Customer. 8.2 The risk of loss, theft, damage or destruction of the Products will pass to the Customer on delivery, which as standard will be at the time Products are made available for collection by the Customer under Exworks Incoterms (2020), unless otherwise agreed in the Contract. If another Incoterm is agreed in the Contract, title, risk and insurance costs (among other things) will be determined in accordance with the Incoterm so agreed. 8.3 In relation to Products purchased outright by the Customer, ownership of the Products will not pass to the Customer until AST has received payment in full in cleared funds. Until ownership of the Products purchased outright has passed to the Customer: (a) the Products will be treated as AST Hardware and the Customer shall ensure that the Products remain readily identifiable as such; (b) the Customer shall hold the Products as the fiduciary agent and bailee of AST. The Customer will ensure the Products are properly protected, stored and insured; (c) the Customer is entitled to utilise the Product in their normal course of business but shall account to AST for the proceeds of sale, in whatever form, and shall maintain the proceeds as separate from the monies or property of the Customer or a third party; (d) the Customer shall be responsible for ensuring the necessary registrations are affected to secure AST's interests as defined in this clause, and where such registration is not provided the Customer's owners, managers and or directors agree to indemnify AST for all costs and losses; and (e) AST shall be entitled at any time to require the Customer to deliver the Products to AST at their expense. If the Customer fails to deliver the Products when requested AST shall be entitled at any time to enter the Customer's, or third parties premises and repossess the Products. 8.4 AST supplies the Products purchased outright with a limited title guarantee free from encumbrances.

Sale Terms. If a Purchase Notice is delivered during the Option Period, or a Purchase Obligation Notice is delivered during the Landlord’s Option Period, the purchase and sale of the Properties shall be completed upon the following terms and conditions: (a) The transaction of purchase and sale of the Properties (the “Property Sale”) shall be completed in the case of the Purchaser exercising its option under Section 14.1 within five (5) Business Days of delivery of the Purchase Notice to the Landlord, and in the case of the Landlord exercising its option pursuant to Section 14.2 on the Expiration Date (in this Article, the “Closing Date”). If the Closing Date is not a day on which the appropriate Registry of Deeds Office is open the Closing Date shall be extended to the next day on which the appropriate Registry of Deeds Office is open. The closing shall take place at the offices of counsel to the Landlord, namely ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Fredericton, New Brunswick or such other place as the Landlord may advise in writing. (b) The purchase price for the Properties shall be Five Million and Nine Hundred Thousand Dollars ($5,900,000.00). The purchase price shall be allocated amongst the Properties and between the Lands and Buildings as mutually agreed by the parties within 120 days of the Commencement Date. In the event that the parties agree upon an allocation of the purchase price within such period then the parties shall treat such allocation as binding for all purposes, including the filing of all tax and other returns and the preparation of all financial statements and other documents and records legally required by the respective parties. (c) The Purchaser shall not be obligated to complete the Property Sale unless the title to the Lands is good and marketable and free from all encumbrances, except for the encumbrances set forth in Schedule “F” hereto. The Tenant acknowledges that it has conducted investigations as to title to the Lands and as of the Commencement Date it is satisfied as to such title and the Purchaser shall be deemed to be satisfied with title as of the Closing Date if it delivers a Purchase Notice under Section 14.1. The Purchaser shall be allowed thirty (30) days from the date that the Landlord delivers the Purchase Obligation Notice to update its investigation of the title to the Lands, at the Purchaser’s own expense. If within the time allowed for updating its examination of title, the Purchaser advises the Landlord in writing of any defect as to title ...

Sale Terms. Once Tenant has delivered a notice to Landlord of an intended offering of the applicable land and Landlord's rights with respect to such offering have ended (from failure to deliver a notice of interest within seven days, from failure to execute a purchase and sale agreement within 10 days, or from failure to consummate a sale on the terms set forth in the purchase and sale agreement), Tenant shall be free to market the applicable land and to sell the same without challenge by Landlord as to any defect in the notice or negotiations. It is intended that Tenant and any third party whomsoever shall be conclusively entitled to rely upon the lapse of the rights granted under this Right of First Negotiation and that Landlord shall have no claim or right to pursue a purchase of the applicable land. Tenant shall have the right to market and sell the applicable Land on any terms desired, from time to time, after complying with the notice and negotiation requirements of Paragraph 1 above.

Sale Terms. An ▇▇▇▇▇▇▇ deposit of 10% of the purchase price is due upon signing the Purchase Agreement. The closing will be thirty days following seller acceptance of Purchase Agreement. Title insurance and escrow closing fee will be split equally. Prospective buyers acknowledge that they have made a personal inspection of the property and are relying on their own conclusions. The property is being sold “AS IS”. No warranty is expressed or implied by the owner or agents of UFARM Real Estate. UFARM and its agents represent the seller, buyers are customers.

Sale Terms. Except as otherwise approved by the Partners, the purchase price for the Hotel Property or the portion thereof to be sold or disposed of shall be payable (1) entirely in cash; or (2) by taking title subject to or assuming existing indebtedness; or (3) both. In addition, the terms of the sale of the Hotel Property (other than the Purchase Price) shall be subject to the reasonable approval of the Partners, and shall not impose upon the Partnership or any Partner any material liability or obligation unless the aggregate liability under such contract does not exceed 5% of the purchase price and no obligations survive for more than twelve months after the closing of the sale without the approval of the Partners.