SELLER TERMINATION RIGHTS. If Buyer does not make timely delivery of said commitment; Seller may terminate this Offer if Seller delivers 257 a written notice of termination to Buyer prior to Seller's Actual Receipt of a copy of Xxxxx's written loan commitment. 258 ■ FINANCING UNAVAILABILITY: If financing is not available on the terms stated in this Offer (and Xxxxx has not already delivered an 259 acceptable loan commitment for other financing to Seller), Buyer shall promptly deliver written notice to Seller of same including copies of 260 lender(s)' rejection letter(s) or other evidence of unavailability. Unless a specific loan source is named in this Offer, Seller shall then have 10 days 261 to deliver to Buyer written notice of Xxxxxx's decision to finance this transaction on the same terms set forth in this Offer, and this Offer shall remain 262 in full force and effect, with the time for closing extended accordingly. If Seller's notice is not timely given, this Offer shall be null and void. Buyer 263 authorizes Seller to obtain any credit information reasonably appropriate to determine Xxxxx's credit worthiness for Seller financing. 264 ■ IF THIS OFFER IS NOT CONTINGENT ON FINANCING: Within 7 days of acceptance, a financial institution or third party in control of Buyer’s 265 funds shall provide Seller with reasonable written verification that Xxxxx has, at the time of verification, sufficient funds to close. If such written 266 verification is not provided, Seller has the right to terminate this Offer by delivering written notice to Xxxxx. Buyer may or may not obtain mortgage 267 financing but does not need the protection of a financing contingency. Seller agrees to allow Xxxxx’s appraiser access to the Property for 268 purposes of an appraisal. Xxxxx understands and agrees that this Offer is not subject to the appraisal meeting any particular value, unless this 269 Offer is subject to an appraisal contingency, nor does the right of access for an appraisal constitute a financing contingency.
SELLER TERMINATION RIGHTS. If Buyer does not make timely delivery of said commitment, Seller may terminate this Offer if Seller RENTAL WEATHERIZATION STRIKE ONE 163 delivers a written notice of termination to Buyer prior to Seller's actual receipt of a copy of Xxxxx's written loan commitment. 164 This transaction (is) (is not) exempt from State of Wisconsin Rental Weatherization 165 Standards (Wis. Admin. Code Chapter Comm 67). If not exempt, (Buyer) (Seller) will be responsible for compliance, STRIKE ONE 166 including all costs. If Seller is responsible for compliance, Seller shall provide a Certificate of Compliance at closing. TIME IS OF THE ESSENCE 167 TIME IS OF THE ESSENCE as to all dates and deadlines in this Offer except: 168 . If "Time is of the Essence" applies 169 to a date or deadline, failure to perform by the exact date or deadline is a breach of contract. If "Time is of the Essence" does not apply DATES AND DEADLINES 170 to a date or deadline, then performance within a reasonable time of the date or deadline is allowed before a breach occurs. 171 Deadlines expressed as a number of "days" from an event, such as acceptance, are calculated by 172 excluding the day the event occurred and by counting subsequent calendar days. The deadline expires at midnight on the last day. 173 Deadlines expressed as a specific number of "business days" exclude Saturdays, Sundays, any legal public holiday under Wisconsin 174 or Federal law, and other day designated by the President such that the postal service does not receive registered mail or make regular 175 deliveries on that day. Deadlines expressed as a specific number of "hours" from the occurrence of an event, such as receipt of a 176 notice, are calculated from the exact time of the event, and by counting 24 hours per calendar day. Deadlines expressed as a specific 177 day of the calendar year or as the day of a specific event, such as closing, expire at midnight of that day.
SELLER TERMINATION RIGHTS. Seller’s obligations under this Agreement to sell ProjectCo Interests and to consummate the Closing are conditioned upon the satisfaction or waiver by Seller of the obligations set forth in Section 2.5 (the “Purchaser Pre-Closing Obligations”). If the Purchaser Pre-Closing Obligations are not achieved or waived by Seller on or before the Approval Deadline, Seller may terminate this Agreement by providing written notice of its intent to do so to Purchaser no later than ten (10) Business Days after that date (“Seller Pre-Closing Termination Notice”) and the provisions of Section 2.6 shall thereupon apply with respect to that termination. Any notice shall identify any specific Purchaser Pre-Closing Obligation that has not been satisfied or waived by Seller by the Approval Deadline. 3
SELLER TERMINATION RIGHTS. Seller may terminate this Agreement upon one year notice if Distributor (1) fails to reach its Minimum Purchase Obligation for two consecutive years and (2) also fails to cure such shortfall with a cash payment or sufficient purchase of Products. By way of example only, if, in the first year after the Effective Date, Distributor fails to purchase sufficient Product to reach the Initial Minimum Purchase Requirement, then Distributor may elect to (i) purchase Products sufficient to eliminate the shortfall, (ii) make an equivalent cash payment to Seller, or (iii) do nothing. In the second year after the Effective Date, if the Distributor fails to purchase sufficient Product to reach the Minimum Purchase Obligation, then Distributor may elect to (i) purchase Products sufficient to eliminate the shortfall, (ii) make an equivalent cash payment to Seller, or (iii) do nothing. If Distributor elects to do nothing in these scenarios for two consecutive years, then Seller may exercise its termination rights under this Section 9.3.
SELLER TERMINATION RIGHTS. If a Force Majeure Project Failure event or Force Majeure Development Failure event occurs, the Project remains inoperable for over thirty
SELLER TERMINATION RIGHTS. (A) If Buyer:
SELLER TERMINATION RIGHTS. SELLER shall have the right to terminate this PPA at any time on thirty (30) days written notice to BOR, without further liability, if any of the following occur:
SELLER TERMINATION RIGHTS. (a) Seller may terminate this Agreement if Distributor:
SELLER TERMINATION RIGHTS. If Buyer does not make timely delivery of said commitment, Seller may terminate this Offer if Seller 171 delivers a written notice of termination to Buyer prior to Seller's actual receipt of a copy of Xxxxx's written loan commitment. 172 FINANCING UNAVAILABILITY: If financing is not available on the terms stated in this Offer (and Xxxxx has not already delivered an 173 acceptable loan commitment for other financing to Seller), Buyer shall promptly deliver written notice to Seller of same including copies 174 of lender(s)' rejection letter(s) or other evidence of unavailability. Unless a specific loan source is named in this Offer, Seller shall then have 10 days to give Xxxxx written notice of Xxxxxx's decision to finance this transaction on the same terms set forth in this Offer and this 176 Offer shall remain in full force and effect, with the time for closing extended accordingly. If Xxxxxx's notice is not timely given, this Offer shall 177 be null and void. Buyer authorizes Seller to obtain any credit information reasonably appropriate to determine Xxxxx's credit worthiness 178 for Seller financing. 179 ADDITIONAL PROVISIONS/CONTINGENCIES: 180 181 182 183 184 185 186 187 188 x ADDENDA: The attached Addendum A is/are made part of this Offer. 189 TITLE EVIDENCE: 190
SELLER TERMINATION RIGHTS. If Buyer does not deliver a loan commitment on or before the Deadline on line 344. 378 Seller may terminate this Offer if Seller delivers a written notice of termination to Buyer prior to Seller’s Actual Receipt of 379 written loan commitment from Buyer.
