Common use of Special Condition to Closing Clause in Contracts

Special Condition to Closing. Purchaser shall have thirty (30) days 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 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. If Purchaser so elects to terminate this Agreement, Seller shall be entitled to retain the sum of Twenty-Five Dollars ($25.00) of the Xxxxxxx Money, and the balance of the Xxxxxxx Money shall be refunded by 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 during the Inspection Period. In the event Purchaser 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 (but shall be applied towards the Purchase Price at Closing) unless (i) Seller defaults on its obligations hereunder or (ii) any general condition precedent to Seller’s obligations regarding the Closing are not satisfied, in which event the Xxxxxxx Money shall be refunded to Purchaser.

Special Condition to Closing. Purchaser shall have thirty (30) days after ----------------------------- 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 '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. If 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 Seller Escrow Agent to Purchaser, whereupon, Purchaser (iii) except for Purchaser’s Continuing Indemnification Obligations, those provisions which shall expressly 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, 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 during the Inspection Periodhereunder. In the event Purchaser fails for any reason to timely deliver written notice of its election to terminate prior to expiration of the Inspection Period, Purchaser's right to terminate this Agreement during the Inspection Period, the Xxxxxxx Money (including any Xxxxxxx Money paid to extend the date of Closing pursuant to this Paragraph 10(b)) shall be nonrefundable to Purchaser (but shall be applied towards the Purchase Price at Closing) unless (i) Seller defaults on its obligations hereunder or (ii) any general condition precedent to Seller’s obligations regarding the Closing are not satisfied, in which event expire and thereafter the Xxxxxxx Money shall be refunded become non-refundable to PurchaserPurchaser except in the event Seller is unable or unwilling to deliver title to the 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 default of its obligations hereunder.

Special Condition to Closing. Purchaser shall have thirty (30) days after During the period commencing as of 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 '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. If 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 Seller Escrow Agent to Purchaser, whereupon, Purchaser (iii) except for Purchaser’s Continuing Indemnification Obligations, those provisions which shall expressly 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, 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 during the Inspection Periodhereunder. In the event Purchaser fails for any reason to timely deliver written notice of its election to terminate prior to expiration of the Inspection Period, Purchaser's right to terminate this Agreement during the Inspection Period, the Xxxxxxx Money (including any Xxxxxxx Money paid to extend the date of Closing pursuant to this Paragraph 10(b)) shall be nonrefundable to Purchaser (but shall be applied towards the Purchase Price at Closing) unless (i) Seller defaults on its obligations hereunder or (ii) any general condition precedent to Seller’s obligations regarding the Closing are not satisfied, in which event expire and thereafter the Xxxxxxx Money shall be refunded become non- refundable to PurchaserPurchaser except in the event Seller is unable or unwilling to deliver title to the 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 default of its obligations hereunder.

Special Condition to Closing. Subject to the requirements, obligations and limitations set forth in Paragraph 5 hereof, Purchaser shall have thirty (30) days after 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 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. If In the event Purchaser so elects to terminate this Agreement, Escrow Agent shall pay to Seller shall be entitled to 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 refunded by Seller Escrow Agent 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 during hereunder. If the Inspection Period. In purchase and sale of the event Purchaser Property contemplated in this Agreement fails to terminate close for any reason whatsoever, Purchaser 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 during fails to close for any reason other than the Inspection Perioddefault by Seller hereunder, Purchaser shall also deliver to Seller copies of all reports and surveys relating to the Xxxxxxx Money (including any Xxxxxxx Money paid physical and environmental condition of the Property furnished to extend the date Purchaser by third parties; provided, however, that delivery of Closing pursuant to Paragraph 10(b)) such copies shall be nonrefundable without warranty or representation whatsoever, express or implied, including, without limitation, any warranty or representation as to Purchaser (but shall be applied towards the Purchase Price at Closing) unless (i) Seller defaults on its obligations hereunder ownership, accuracy, adequacy or (ii) any general condition precedent to Seller’s obligations regarding the Closing are not satisfied, in which event the Xxxxxxx Money shall be refunded to Purchasercompleteness thereof or otherwise.

Special Condition to Closing. Subject to the limitations set forth in paragraph 4 above, Purchaser shall have thirty (30) days after 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 '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. If Purchaser In the event this Agreement is so elects to terminate this Agreementterminated, Seller shall be entitled to retain receive 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 Seller Escrow Agent 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, 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 during the Inspection Periodhereunder. In the event Purchaser 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 the Inspection Period, the Xxxxxxx Money (including any Xxxxxxx Money paid to extend the date of Closing pursuant to Paragraph 10(b)the provisions of paragraphs 5, 6(g) and 6(h) shall be nonrefundable deemed to have been waived. Thereafter, if Seller has complied with all the terms and conditions of this Agreement, and Purchaser fails or refuses to close on or before June 26, 1998 (but shall be applied towards or July 7, 1998, if the Purchase Price at Closing) unless (i) Seller defaults on its obligations hereunder or (ii) any general condition precedent to Seller’s obligations regarding the Closing are not satisfiedclosing date is extended as provided herein), in which event then the Xxxxxxx Money shall be refunded released to PurchaserSeller, 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 after 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 '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. If 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 Seller Escrow Agent 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 during the Inspection Periodhereunder. In the event Purchaser fails to does not terminate this Agreement during the Inspection Period, Purchaser will be deemed to have approved the Xxxxxxx Money title exceptions listed in Exhibit "A" attached hereto (including any Xxxxxxx Money paid to extend the date of Closing pursuant to Paragraph 10(b"Permitted Exceptions")) shall be nonrefundable to Purchaser (but shall be applied towards the Purchase Price at Closing) unless (i) Seller defaults on its obligations hereunder or (ii) any general condition precedent to Seller’s obligations regarding the Closing are not satisfied, in which event the Xxxxxxx Money shall be refunded to Purchaser.

Special Condition to Closing. (a) Purchaser shall have thirty (30) ---------------------------- days after 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 '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. If 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 Seller Escrow Agent 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 during hereunder. (b) This Agreement is contingent upon the Inspection PeriodTenant not exercising its right of the first refusal under Section 26 of the Lease. In If the event Purchaser fails to terminate Tenant exercises such right of first refusal, 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 (but shall be applied towards the Purchase Price at Closing) unless (i) Seller defaults on its obligations hereunder or (ii) any general condition precedent to Seller’s obligations regarding the Closing are not satisfied, in which event terminate and 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. This Agreement is also contingent upon the closings described in three separate Agreements for the Purchase and Sale of Property between Seller and Purchaser, each dated February 23, 2000, and relating to properties located at 8075 and 0000 Xxxxx Xxxxx Xxxxxxx, Xxxxx, XX and 00000 X. Xxxx Xxxx., Xxxxxxxxxx, XX.

Special Condition to Closing. Purchaser shall have thirty (30) days after 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 '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. If In the event Purchaser so elects to terminate this Agreement, Seller shall be entitled to retain the sum of Twenty-Five Dollars ($25.00) of the Xxxxxxx Money, and the balance of the Xxxxxxx Money shall be refunded by 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 during hereunder. Purchaser's delivery to Escrow Agent of the Second Deposit on or before the expiration of the Inspection PeriodPeriod shall be deemed Purchaser's approval of its investigation of the Property. In the event If Purchaser fails to terminate this Agreement during deliver the Second Deposit on or before the expiration of the Inspection Period, then Seller or Purchaser, until such time that Purchaser delivers the Xxxxxxx Money (including any Xxxxxxx Money paid Second Deposit to extend Escrow Agent, may terminate this Agreement by giving written notice to the date of Closing pursuant to Paragraph 10(b)) shall be nonrefundable to Purchaser (but shall be applied towards the Purchase Price at Closing) unless (i) Seller defaults on its obligations hereunder or (ii) any general condition precedent to Seller’s obligations regarding the Closing are not satisfied, in which event other party and the Xxxxxxx Money shall be refunded returned to Purchaser.