Seller Contingencies. This Agreement is subject to the following contingencies in favor of Seller (the "Contingencies"). If this Agreement is terminated pursuant to the provisions of this Paragraph, then Seller will return to Purchaser an amount equal to the Xxxxxxx Money paid by Purchaser, and this Agreement shall thereafter be deemed fully null and void. In no event will Seller be required to give consideration in the form of money, contractual terms or other concessions to any third party or otherwise have any obligation to satisfy the Contingencies.
Seller Contingencies. This Agreement shall be completely contingent upon Seller's satisfaction of or Seller's waiver (at Seller’s sole discretion) of the contingencies set forth below in this Section 3.02 (the "Seller Contingencies"), by 5:00 P.M on April 3, 2020 (the "Seller Contingency Period"). The date upon which all Buyer Contingencies are either satisfied or waived, pursuant to Section 3.05 or otherwise, shall be referred to as the "Seller Contingency Date". The Seller Contingencies are as follows:
a) Agreement by Buyer and Seller on the terms of: (1) a use restriction agreement whereby the Property (“Property Restriction Agreement”) is
(A) required to be developed into and, for a period of eight (8) years from the Closing Date, restricted from being anything other than a retail grocery store (as defined in Section 3.02(b) above) (B) restricted from the uses set forth on Exhibit D, attached hereto; and (2) an access and signage easement whereby Seller, its successors and assigns, shall have the right to have pedestrian and vehicular ingress/egress access on Highway 64 for the Adjacent Property and the right to place Buyer’s pylon/monument signage on the same; (3) an easement for the location of water and sewer pipes and other utilities in the ingress/egress access to Highway 64; and
Seller Contingencies. Seller’s obligation to sell the Property and the remainder of Seller’s obligations under this Agreement shall be subject to its approval of each contingency set forth below (collectively, the “Seller Contingencies”) within the time periods indicated below. The Seller Contingencies are for the sole benefit of Seller. The satisfaction of each Seller Contingency is a condition precedent to the Close of Escrow. Seller shall approve or disapprove any or all of the documents, materials, items and matters identified in this Section 4 in its reasonable discretion.
Seller Contingencies. Seller’s obligation to consummate the transaction contemplated by this Agreement is subject to the satisfaction of the following conditions for Seller’s benefit:
Seller Contingencies. The Property shall be conveyed subject to i) all encumbrances and matters of record; ii) an easement in favor of TMWA or its assignee(s) for relocatable utilities and an access road on the Property at a location mutually agreeable in the substance and form attached hereto as Exhibit B (“Easement for Utilities and Access Road”).
Seller Contingencies. Except as disclosed in Section 2.30 of the Disclosure Schedule, there are no actions, suits, claims or proceedings pending, or to the knowledge of the Seller threatened against, by or affecting the Seller which could materially and adversely affect the right or ability of the Seller, to consummate the transactions contemplated hereby. To the knowledge of the Seller, there is no valid basis upon which any such action, suit, claim, or proceeding may be commenced or asserted against the Seller.
Seller Contingencies. Seller’s obligations under this Agreement are expressly contingent upon Seller obtaining from the Center for Comprehensive Services, Inc. d/b/a Neurorestorative Kentucky (i) a limited waiver of its right of first refusal to lease the Property to the extent necessary to permit Seller to sell and convey the Property to Purchaser; and (ii) a consent to the sale to Purchaser of the Post-Closing Parcel. In the event Seller is unable to satisfy these contingencies within ten (10) days of the Effective Date, this Agreement shall terminate, the Deposit shall be immediately returned to Purchaser and the obligations of the parties to this Agreement shall terminate. This offer shall be executed by both parties no later than 5pm, EST, on the day of October, 2015; otherwise, this offer shall be null and void.
Seller Contingencies. The Seller’s obligations under this Contract, are contingent upon the following:
(a) The Purchaser obtaining funds and/or financing satisfactory to both Purchaser and Seller in accordance with Section 5, without contingency.
(b) All of Purchaser's selections of Personal Choices and specifications for Improvements being finalized in accordance with Section 7.
(c) The issuance of a building permit for the construction of the Improvements on the Lot by the appropriate governmental authorities.
(d) Seller obtaining good and marketable title to the Lot.
(e) The Seller has completed all other inspections of the Lot to its satisfaction.
(f) Seller has satisfied all presale requirements imposed by it’s lender with respect to construction of the Improvements on the Lot.
(g) Other:
Seller Contingencies. The Property shall be conveyed subject to i) all encumbrances and matters of record.
Seller Contingencies. List below any conditions or contingencies that apply to seller. For example, the seller may require buyer to enter into a new lease for premises or alternatively get landlord's consent to assign lease to buyer. Contingencies are items that must be satisfied or seller is not obligated to close.
