Common use of Special Condition to Closing Clause in Contracts

Special Condition to Closing. Within two (2) business days after ----------------------------- Purchaser's deposit of the Xxxxxxx Money, Seller shall make available to Purchaser, or Purchaser's agents and representatives, for review and copying, all of the due diligence materials described in Exhibit "C" hereto. Purchaser shall have thirty (30) days from the effective date of this Agreement (the "Inspection Period") to make investigations, examinations, inspections, market studies, feasibility studies, lease reviews, and tests relating to the Property and the operation thereof in order to determine, in Purchaser's sole opinion and discretion, the suitability of the Property for acquisition by Purchaser. Purchaser shall have the right to terminate this Agreement at any time prior to the expiration of the Inspection Period by giving written notice to Seller of such election to terminate. In the event Purchaser so elects to terminate this Agreement, Seller shall be entitled to receive and retain the sum of Twenty-Five Dollars ($25.00) of the Xxxxxxx Money, and the balance of the Xxxxxxx Money shall be promptly refunded by Escrow Agent to Purchaser, whereupon, except as expressly provided to the contrary in this Agreement, no party hereto shall have any other or further rights or obligations under this Agreement. Seller acknowledges that the sum of $25.00 is good and adequate consideration for the termination rights granted to Purchaser hereunder. In the event Purchaser does not terminate this Agreement during the Inspection Period, Purchaser will be deemed to have approved the title exceptions listed in Exhibit "A" attached hereto (the "Permitted Exceptions").

Special Condition to Closing. Within two (2) business days after ----------------------------- Purchaser's deposit of the Xxxxxxx Money, Seller shall make available to Purchaser, or Purchaser's agents and representatives, for review and copying, all of the due diligence materials described in Exhibit "C" hereto. Purchaser shall have thirty (30) days a period from the effective date of this Agreement hereof until April 30, 2004 (the "Inspection Period") to make investigations, examinations, inspections, market studies, feasibility studies, lease reviews, and tests relating to the Property and the operation thereof in order to determine, in Purchaser's sole opinion and discretion, the suitability of the Property for acquisition by Purchaser. Purchaser shall have the right to terminate this Agreement at any time prior to the expiration of the Inspection Period by giving written notice to Seller of such election to terminate. In the event Purchaser so elects to terminate this Agreement, Seller shall be entitled to receive and retain the sum of Twenty-Five Dollars ($25.00) of the Xxxxxxx Money, and the balance of the Xxxxxxx Money shall be promptly refunded by Escrow Agent Seller to Purchaser, whereupon, except as expressly provided to the contrary in this Agreement, no party hereto shall have any other or further rights or obligations under this Agreement. Seller acknowledges that the sum of $25.00 is good and adequate consideration for the termination rights granted to Purchaser hereunder. In Purchaser's delivery to Escrow Agent of the event Second Deposit on or before the expiration of the Inspection Period shall be deemed Purchaser's approval of its investigation of the Property. If Purchaser does not terminate this Agreement during fails to deliver the Second Deposit on or before the expiration of the Inspection Period, then Seller or Purchaser, until such time that Purchaser will delivers the Second Deposit to Escrow Agent, may terminate this Agreement by giving written notice to the other party and the Xxxxxxx Money shall be deemed returned to have approved the title exceptions listed in Exhibit "A" attached hereto (the "Permitted Exceptions")Purchaser.

Special Condition to Closing. Within two (2) business days after ----------------------------- Purchaser's deposit During the period commencing as of the Xxxxxxx Money, Seller shall make available to Purchaser, or Purchaser's agents and representatives, for review and copying, all of the due diligence materials described in Exhibit "C" hereto. Purchaser shall have thirty (30) days from the ----------------------------- effective date of this Agreement and ending on June 29, 2000 (the "Inspection Period") ), Purchaser shall have the right to make investigations, examinations, inspections, market studies, feasibility studies, lease reviews, and tests relating to the Property and the operation thereof in order to determine, in Purchaser's sole opinion and discretion, the suitability of the Property for acquisition by Purchaser. Such investigations may include, without limitation, confirmation that all requisite zoning and other approvals relating to the Land or to the construction of the Improvements have been obtainted, testing and analysis as to the environmental condition of the Land and Improvements by an environmental or geotechnical engineer satisfactory to Purchaser, and confirmation that access to the Property is available by publicly dedicated rights-of-way or other methods acceptable to Purchaser. Purchaser shall have the right to terminate this Agreement at any time prior to the expiration of the Inspection Period by giving written notice to Seller of such election to terminate. In the event Purchaser so elects to terminate this Agreement, (i) Seller shall be entitled to receive and retain the sum of Twenty-Five Dollars ($25.00) of the Xxxxxxx Money, and (ii) the balance of the Xxxxxxx Money shall be promptly refunded by Escrow Agent to Purchaser, whereupon, Purchaser (iii) except as for those provisions which expressly provided to the contrary survive termination in this Agreement, no party hereto shall have any other or further rights or obligations under this Agreement, and (iv) Purchaser shall return all information delivered to Purchaser by Seller or copied by Purchaser from Seller's files and deliver to Seller copies of any and all other materials prepared by or for Purchaser in connection with the Land or Improvements. Seller acknowledges that the sum of $25.00 is good and adequate consideration for the termination rights granted to Purchaser hereunder. In the event Purchaser does not fails for any reason to timely deliver written notice of its election to terminate this Agreement during prior to expiration of the Inspection Period, Purchaser's right to terminate this Agreement pursuant to this Paragraph shall expire and thereafter the Xxxxxxx Money shall become non- refundable to Purchaser will be deemed except in the event Seller is unable or unwilling to have approved deliver title to the title exceptions listed Real Estate, subject only to the Permitted Exceptions (as hereinafter defined) to Purchaser at Closing through no fault of Purchaser or Seller is otherwise in Exhibit "A" attached hereto (the "Permitted Exceptions")default of its obligations hereunder.

Special Condition to Closing. Within two (2) business days after ----------------------------- Purchaser's deposit of Subject to the Xxxxxxx Moneylimitations set forth in paragraph 4 above, Seller shall make available to Purchaser, or Purchaser's agents and representatives, for review and copying, all of the due diligence materials described in Exhibit "C" hereto. Purchaser shall have thirty (30) days from the effective date of this Agreement (the "Inspection Period") until June 24, 1998 to make investigations, examinations, inspections, market studies, feasibility studies, lease reviews, and tests relating to the Property and the operation thereof in order to determine, in Purchaser's sole opinion and discretion, the suitability of the Property for acquisition by Purchaser. Purchaser shall have the right to terminate this Agreement at any time prior to the expiration of the Inspection Period by giving written notice to Seller of such election to terminate. In the event Purchaser this Agreement is so elects to terminate this Agreementterminated, Seller shall be entitled to receive and retain the sum of Twenty-Five One Hundred Dollars ($25.00100) of the Xxxxxxx Money, and the balance of the Xxxxxxx Money shall be promptly refunded by Escrow Agent to Purchaser, whereupon, except as expressly provided to the contrary in this Agreement, Purchaser shall have no further right to purchase the Property and no party hereto shall have any other or further rights or obligations under this Agreement. Seller acknowledges that the sum of $25.00 100 is good and adequate consideration for the termination rights granted to Purchaser hereunder. In the event Purchaser does not fails to notify Seller on or before June 24, 1998 that Purchaser has elected to terminate this Agreement, then Purchaser's right to terminate this Agreement during pursuant to the Inspection Periodprovisions of paragraphs 5, Purchaser will 6(g) and 6(h) shall be deemed to have approved been waived. Thereafter, if Seller has complied with all the title exceptions listed in Exhibit "A" attached hereto terms and conditions of this Agreement, and Purchaser fails or refuses to close on or before June 26, 1998 (or July 7, 1998, if the "Permitted Exceptions"closing date is extended as provided herein), then the Xxxxxxx Money shall be released to Seller, and Purchaser shall have no further liability hereunder.

Special Condition to Closing. Within two (2) business days after ----------------------------- Purchaser's deposit of the Xxxxxxx Money, Seller shall make available to Purchaser, or Purchaser's agents and representatives, for review and copying, all of the due diligence materials described in Exhibit "C" hereto. Purchaser shall have thirty (30) days from after the effective date of this Agreement (the "“Inspection Period"”) to make investigations, examinations, inspections, market studies, feasibility studies, lease reviews, and tests relating to the Property and the operation thereof in order to determine, in Purchaser's ’s sole opinion and discretion, the suitability of the Property for acquisition by Purchaser. Purchaser shall have the right to terminate this Agreement at any time prior to the expiration of the Inspection Period by giving written notice to Seller of such election to terminate. In the event If Purchaser so elects to terminate this Agreement, Seller shall be entitled to receive and retain the sum of Twenty-Five Dollars ($25.00) of the Xxxxxxx Money, and the balance of the Xxxxxxx Money shall be promptly refunded by Escrow Agent Seller to Purchaser, whereupon, except for Purchaser’s Continuing Indemnification Obligations, which shall survive the termination of this Agreement, and except as otherwise expressly provided to the contrary in this Agreement, no party hereto shall have any other or further rights or obligations under this Agreement. Seller acknowledges that the sum of $25.00 is good and adequate consideration for the termination rights granted to Purchaser hereunderduring the Inspection Period. In the event Purchaser does not fails to terminate this Agreement during the Inspection Period, the Xxxxxxx Money (including any Xxxxxxx Money paid to extend the date of Closing pursuant to Paragraph 10(b)) shall be nonrefundable to Purchaser will (but shall be deemed applied towards the Purchase Price at Closing) unless (i) Seller defaults on its obligations hereunder or (ii) any general condition precedent to have approved Seller’s obligations regarding the title exceptions listed Closing are not satisfied, in Exhibit "A" attached hereto (which event the "Permitted Exceptions")Xxxxxxx Money shall be refunded to Purchaser.

Special Condition to Closing. Within two (2) business days after ----------------------------- Purchaser's deposit of Subject to the Xxxxxxx Moneyrequirements, Seller shall make available to Purchaserobligations and limitations set forth in Paragraph 5 hereof, or Purchaser's agents and representatives, for review and copying, all of the due diligence materials described in Exhibit "C" hereto. Purchaser shall have thirty (30) days from until and through the effective date expiration of this Agreement (the "Inspection Period") Period to make investigations, examinations, inspections, market studies, feasibility studies, lease reviews, and tests relating to the Property and the operation thereof in order to determine, in Purchaser's ’s sole opinion and discretion, the suitability of the Property for acquisition by Purchaser. Purchaser shall have the right to terminate this Agreement at any time prior to the expiration of the Inspection Period by giving written notice to Seller of such election to terminate. In the event Purchaser so elects to terminate this Agreement, Escrow Agent shall pay to Seller shall be entitled to receive and retain from the Exxxxxx Money the sum of Twenty-–Five Dollars ($25.00) of the Xxxxxxx Money, and the balance of the Xxxxxxx Exxxxxx Money shall be promptly refunded by Escrow Agent to Purchaser, whereupon, except as expressly provided to the contrary in this Agreement, no party hereto shall have any other or further rights or obligations under this Agreement. Seller acknowledges that the sum of $25.00 is good and adequate consideration for the termination rights granted to Purchaser hereunder. In If the event Purchaser does not terminate purchase and sale of the Property contemplated in this Agreement during the Inspection Periodfails to close for any reason whatsoever, Purchaser will agrees to return to Seller all reports regarding the physical condition of the Real Estate, including the mechanical systems thereof, the plans and specifications with respect to the Improvements, and all reports regarding the environmental condition of the Real Estate, furnished to Purchaser by Seller or its agents or representatives. Furthermore, if the purchase and sale of the Property contemplated in this Agreement fails to close for any reason other than the default by Seller hereunder, Purchaser shall also deliver to Seller copies of all reports and surveys relating to the physical and environmental condition of the Property furnished to Purchaser by third parties; provided, however, that delivery of such copies shall be deemed without warranty or representation whatsoever, express or implied, including, without limitation, any warranty or representation as to have approved the title exceptions listed in Exhibit "A" attached hereto (the "Permitted Exceptions")ownership, accuracy, adequacy or completeness thereof or otherwise.

Special Condition to Closing. Within two (2) business days after ----------------------------- Purchaser's deposit of the Xxxxxxx Money, Seller shall make available to Purchaser, or Purchaser's agents and representatives, for review and copying, all of the due diligence materials described in Exhibit "C" hereto. Purchaser shall have thirty (30) days ----------------------------- from the effective date of this Agreement (the "Inspection Period") to make investigations, examinations, inspections, market studies, feasibility studies, lease reviews, and tests relating to the Property and the operation thereof in order to determine, in Purchaser's sole opinion and discretion, the suitability of the Property for acquisition by Purchaser. Purchaser shall have the right to terminate this Agreement at any time prior to the expiration of the Inspection Period by giving written notice to Seller of such election to terminate. In the event Purchaser so elects to terminate this Agreement, (I) Seller shall be entitled to receive and retain the sum of Twenty-Five Dollars ($25.00) of the Xxxxxxx Money, and (ii) the balance of the Xxxxxxx Money shall be promptly refunded by Escrow Agent to Purchaser, whereupon, Purchaser (iii) except as for those provisions which expressly provided to the contrary survive termination in this Agreement, no party hereto shall have any other or further rights or obligations under this Agreement, and (iv) Purchaser shall return all information delivered to Purchaser by Seller or copied by Purchaser from Seller's files and deliver to Seller copies of any and all other materials prepared by or for Purchaser in connection with the Land or Improvements. Seller acknowledges that the sum of $25.00 is good and adequate consideration for the termination rights granted to Purchaser hereunder. In the event Purchaser does not fails for any reason to timely deliver written notice of its election to terminate this Agreement during prior to expiration of the Inspection Period, Purchaser's right to terminate this Agreement pursuant to this Paragraph shall expire and thereafter the Xxxxxxx Money shall become non-refundable to Purchaser will be deemed except in the event Seller is unable or unwilling to have approved deliver title to the title exceptions listed Real Estate, subject only to the Permitted Exceptions (as hereinafter defined) to Purchaser at Closing through no fault of Purchaser or Seller is otherwise in Exhibit "A" attached hereto (the "Permitted Exceptions")default of its obligations hereunder.