Common use of Seller’s Failure to Remove Clause in Contracts

Seller’s Failure to Remove. If Seller fails on or before Closing to remove any objectionable Exception or New Exception that Seller agreed in accordance with the terms of this Article to remove, then Purchaser may elect either to close with no adjustment to the Purchase Price or to terminate this Agreement and receive the Deposit back. If Seller fails on or before Closing to remove any Monetary Lien Removal Obligation, then Purchaser may elect either to close with no adjustment to the Purchase Price or to exercise its remedies under Section 12.2 of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Nuveen Global Cities REIT, Inc.)

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Seller’s Failure to Remove. If Seller fails on or before Closing to remove any objectionable Exception or New Exception that Seller agreed in accordance with the terms of this Article to removeremove or any Required Removal Items, then Purchaser may elect either to close with no adjustment to and deduct the amount of any such items from the Purchase Price or to terminate this Agreement and receive a return of the Deposit backDeposit. If Seller fails on or before Closing to remove any Monetary Lien Removal Obligation, then Purchaser may elect either to close with no adjustment to the Purchase Price or to exercise its remedies under Section 12.2 of this Agreement.724643206.7 17544974

Appears in 1 contract

Samples: Purchase and Sale Agreement (Carter Validus Mission Critical REIT, Inc.)

Seller’s Failure to Remove. If Seller fails on or before Closing to remove any objectionable Exception, New Exception or New Exception Monetary Lien Removal Obligation that Seller agreed in accordance with the terms of this Article to remove, then Purchaser may elect either to close with no adjustment to the Purchase Price or to terminate this Agreement and receive the Deposit back. If Seller fails on or before Closing to remove any Monetary Lien Removal Obligation, then Purchaser may elect either to close with no adjustment to the Purchase Price or to exercise its remedies under Section 12.2 of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cohen & Steers Income Opportunities REIT, Inc.)

Seller’s Failure to Remove. If Seller fails on or before Closing to remove any objectionable Exception or New Exception (including as provided in the Monetary Lien Removal Obligation) that Seller agreed in accordance with the terms of this Article to remove, then Purchaser may elect either to close with no adjustment to the Purchase Price or to terminate this Agreement and receive the Deposit back. If Seller fails on or before Closing to remove any Monetary Lien Removal Obligation, then Purchaser may elect either to close with no adjustment to the Purchase Price or to exercise its remedies under Section 12.2 of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Behringer Harvard Opportunity REIT II, Inc.)

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Seller’s Failure to Remove. If Seller fails on or before Closing to remove any objectionable Exception or New Exception that Seller agreed in accordance with the terms of this Article to remove, then Purchaser may elect either to close with no adjustment to the Purchase Price or to terminate this Agreement and receive the Deposit back. If Seller fails on or before Closing to remove any Monetary Lien Removal Obligation, then Purchaser may elect either to close with no adjustment to the Purchase Price or to exercise its Purchaser’s remedies under Section 12.2 of this Agreement12.2.

Appears in 1 contract

Samples: Purchase and Sale Agreement (NorthStar Real Estate Income II, Inc.)

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