Common use of Submission Matters and Title Information Clause in Contracts

Submission Matters and Title Information. (a) Patriot and Patriot's potential lessee or manager shall have the right, until 5:00 p.m., Dallas, Texas time on the last day of the Study Period, and thereafter if Patriot does not deliver to Crow written notice prior to the expiration of the Study Period that Patriot has elected to terminate this Agreement, to enter upon the Property and to perform, at Patriot's expense, tests, studies and investigations with respect to the following matters concerning the Property: (i) condition of title, including ground leases, (ii) surveys, (iii) compliance with laws, (iv) other conditions affecting the Property as set forth on Schedule 2.4 attached hereto, and (v) the matters set ------------ forth in any Schedules referenced herein which are not attached to this Agreement as of the Effective Date. If, in Patriot's reasonable judgment, Patriot determines, based upon its review of the matters described in the immediately preceding sentence, or based upon its inability to review any of such matters due to Crow's failure to provide the Submission Matters or to deliver any Exhibit or Schedule as required by Section 2.4(b), that any such -------------- matter has, had or is reasonably likely to have a material adverse effect on the operation, value, use, marketability or insurability of the Property, Patriot may terminate this Agreement by written notice delivered to Crow on or prior to the expiration of the Study Period (which notice shall specify the reason(s) why Patriot is terminating this Agreement), at which time this Agreement shall terminate and Patriot and Crow shall be released from all further liability or obligation hereunder except those which expressly survive a termination of this Agreement. Patriot's determination to terminate this Agreement based upon its inability to review any of such matters due to Crow's failure to provide any material Submission Matter or to deliver any of the Exhibits or Schedules as required by Section 2.4(b) shall be conclusively reasonable. If Patriot does -------------- not timely deliver a termination notice under this Section 2.4(a), then it shall -------------- have waived its right to terminate this Agreement under this Section 2.4(a). --------------

Appears in 8 contracts

Samples: Purchase and Sale Agreement (Patriot American Hospitality Operating Co\de), Purchase and Sale Agreement (Patriot American Hospitality Operating Co\de), Purchase and Sale Agreement (Patriot American Hospitality Operating Co\de)

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Submission Matters and Title Information. (a) Patriot and Patriot's potential lessee or manager shall have the right, until 5:00 p.m., Dallas, Texas time on the last day of the Study Period, and thereafter if Patriot does not deliver to Crow written notice prior to the expiration of the Study Period that Patriot has elected to terminate this Agreement, to enter upon the Property and to perform, at Patriot's expense, tests, studies and investigations with respect to the following matters concerning the Property: (i) condition of title, including ground leases, (ii) surveys, (iii) compliance with laws, (iv) other conditions affecting the Property as set forth on Schedule 2.4 attached hereto, and (v) the matters set ------------ forth in any Schedules referenced herein which are not attached to this Agreement as of the Effective Date. If, in Patriot's reasonable judgment, Patriot determines, based upon its review of the matters described in the immediately preceding sentence, or based upon its inability to review any of such matters due to Crow's failure to provide the Submission Matters or to deliver any Exhibit or Schedule as required by Section 2.4(b), that any such -------------- matter has, had or is -------------- reasonably likely to have a material adverse effect on the operation, value, use, marketability marketability, financeability or insurability of the Property, Patriot may terminate this Agreement by written notice delivered to Crow on or prior to the expiration of the Study Period (which notice shall specify the reason(s) why Patriot is terminating this Agreement), at which time this Agreement shall terminate and Patriot and Crow shall be released from all further liability or obligation hereunder except those which expressly survive a termination of this Agreement. Patriot's determination to terminate this Agreement based upon its inability to review any of such matters due to Crow's failure to provide any material Submission Matter or to deliver any of the Exhibits or Schedules as required by Section 2.4(b) shall be conclusively reasonable. If Patriot does -------------- not timely deliver a termination notice under this Section 2.4(a), then it shall -------------- have waived its right to terminate this Agreement under this Section 2.4(a). --------------

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Patriot American Hospitality Operating Co\de), Purchase and Sale Agreement (Patriot American Hospitality Operating Co\de)

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Submission Matters and Title Information. (a) Patriot and Patriot's potential lessee or manager shall have the right, until 5:00 p.m., Dallas, Texas time on the last day of the Study Period, and thereafter if Patriot does not deliver to Crow written notice prior to the expiration of the Study Period that Patriot has elected to terminate this Agreement, to enter upon the Property and to perform, at Patriot's expense, tests, studies and investigations with respect to the following matters concerning the Property: (i) condition of title, including ground leases, (ii) surveys, (iii) compliance with laws, (iv) other conditions affecting the Property as set forth on Schedule 2.4 attached hereto, and (v) the matters set ------------ forth in any Schedules referenced herein which are not attached to this Agreement as of the Effective Date. If, in Patriot's reasonable judgment, Patriot determines, based upon its review of the matters described in the immediately preceding sentence, or based upon its inability to review any of such matters due to Crow's failure to provide the Submission Matters or to deliver any Exhibit or Schedule as required by Section 2.4(b), that any such -------------- matter has, had or is reasonably likely to have a material adverse effect on the operation, value, use, marketability marketability, financeability or insurability of the Property, Patriot may terminate this Agreement by written notice delivered to Crow on or prior to the expiration of the Study Period (which notice shall specify the reason(s) why Patriot is terminating this Agreement), at which time this Agreement shall terminate and Patriot and Crow shall be released from all further liability or obligation hereunder except those which expressly survive a termination of this Agreement. Patriot's determination to terminate this Agreement based upon its inability to review any of such matters due to Crow's failure to provide any material Submission Matter or to deliver any of the Exhibits or Schedules as required by Section 2.4(b) shall be conclusively -------------- reasonable. If Patriot does -------------- not timely deliver a termination notice under this Section 2.4(a), then it shall -------------- have waived its right to terminate this Agreement -------------- under this Section 2.4(a). --------------

Appears in 1 contract

Samples: Purchase and Sale Agreement (Patriot American Hospitality Operating Co\de)

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