Common use of Termination before Expiration of Due Diligence Period Clause in Contracts

Termination before Expiration of Due Diligence Period. The Purchaser shall notify the Escrow Agent of the date that the Due Diligence Period ends promptly after such date is established under this Agreement, and Escrow Agent may rely upon such notice. If Purchaser elects to terminate the Purchase Agreement pursuant to Paragraph 2.2, Escrow Agent shall pay the entire Exxxxxx Money to Purchaser one business day following receipt of the Due Diligence Termination Notice from Purchaser (as long as the current investment can be liquidated in one day) and this Agreement shall thereupon terminate, in which event Purchaser agrees to return to Seller the Property Information. No notice to Escrow Agent from Seller shall be required for the release of the Exxxxxx Money to Purchaser by Escrow Agent. The Exxxxxx Money shall be released and delivered to Purchaser from Escrow Agent upon Escrow Agent’s receipt of the Due Diligence Termination Notice, despite any objection or potential objection by Seller. Seller agrees it shall have no right to bring any action against Escrow Agent which would have the effect of delaying, preventing, or in any way interrupting Escrow Agent’s delivery of the Exxxxxx Money to Purchaser pursuant to this paragraph, any remedy of Seller being against Purchaser, not Escrow Agent.

Appears in 5 contracts

Samples: Agreement of Purchase and Sale (Asset Capital Corporation, Inc.), Agreement of Purchase and Sale (Asset Capital Corporation, Inc.), Agreement of Purchase and Sale (Asset Capital Corporation, Inc.)

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Termination before Expiration of Due Diligence Period. The Purchaser shall notify the Escrow Agent of the date that the Due Diligence Period ends promptly after such date is established under this Agreement, and Escrow Agent may rely upon such notice. If Purchaser elects to terminate the Purchase Agreement pursuant to Paragraph 2.2, Escrow Agent shall pay the entire Exxxxxx Money to Purchaser one business day following receipt of the Due Diligence Termination Notice from Purchaser (as long as the current investment can be liquidated in one day) and this Agreement shall thereupon terminate, in which event Purchaser agrees to return to Seller the Property Information, and upon receipt of reimbursement of any associated costs or fees (and without warranty), copies of all third party due diligence reports regarding the Property, except to the extent they include confidential or proprietary information. No notice to Escrow Agent from Seller shall be required for the release of the Exxxxxx Money to Purchaser by Escrow Agent. The Exxxxxx Money shall be released and delivered to Purchaser from Escrow Agent upon Escrow Agent’s receipt of the Due Diligence Termination Notice, despite any objection or potential objection by Seller. Seller agrees it shall have no right to bring any action against Escrow Agent which would have the effect of delaying, preventing, or in any way interrupting Escrow Agent’s delivery of the Exxxxxx Money to Purchaser pursuant to this paragraph, any remedy of Seller being against Purchaser, not Escrow Agent.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Asset Capital Corporation, Inc.)

Termination before Expiration of Due Diligence Period. The Purchaser Buyer shall notify the Escrow Agent of the date that the Due Diligence Period ends promptly after such date is established under this Agreement, and Escrow Agent may rely upon such notice. If Purchaser Buyer elects to terminate the Purchase Agreement pursuant to Paragraph 2.2paragraph 4B, Escrow Agent shall pay the entire Exxxxxx Money Escrow Deposit to Purchaser Buyer one business day following receipt of a copy of the Due Diligence Termination Notice from Purchaser notice of termination delivered to Seller by Buyer (as long as the current investment can be liquidated in one day) and this Agreement shall thereupon terminate). During the Due Diligence Period, in which event Purchaser agrees to return to Seller the Property Information. No no notice to Escrow Agent from Seller shall be required for the release of the Exxxxxx Money Escrow Deposit to Purchaser Buyer by Escrow Agent. The Exxxxxx Money Escrow Deposit shall be released and delivered to Purchaser Buyer from Escrow Agent upon Escrow Agent’s Agents receipt of a copy of the notice of termination delivered to Seller by Buyer prior to the termination of the Due Diligence Termination Notice, Period despite any objection or potential objection by Seller. Seller agrees it shall shall, prior to the termination of the Due Diligence Period, have no right to bring any action against Escrow Agent which would have the effect of delaying, preventing, or in any way interrupting Escrow Agent’s 's delivery of the Exxxxxx Money Escrow Deposit to Purchaser Buyer pursuant to this paragraph, any remedy of Seller being against PurchaserBuyer, not Escrow Agent.

Appears in 1 contract

Samples: Purchase Agreement and Joint Escrow Instructions (JMB Income Properties LTD Xii)

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Termination before Expiration of Due Diligence Period. The Purchaser shall notify the Escrow Agent of the date that the Due Diligence Period ends promptly after such date is established under this Agreement, and Escrow Agent may rely upon such notice. If Purchaser elects to terminate the Purchase Agreement pursuant to Paragraph 2.2, Escrow Agent shall pay the entire Exxxxxx Earnest Money to Purchaser xx Xxxchaser one business day following receipt of a copy of the Due Diligence Termination Notice from Purchaser (as long as the current investment can be liquidated in one day) and this Agreement shall thereupon terminate, in which event Purchaser agrees to return to Seller the Property Information). No notice to Escrow Agent from Seller shall be required for the release of the Exxxxxx Money to Purchaser Earnest Monex xx Xxrchaser by Escrow Agent. The Exxxxxx Money shall Earnest Monex xxxxx be released and delivered to Purchaser from Escrow Agent upon Escrow Agent’s 's receipt of a copy of the Due Diligence Termination Notice, Notice despite any objection or potential objection by Seller. Seller agrees it shall have no right to bring any action against Escrow Agent which would have the effect of delaying, preventing, or in any way interrupting Escrow Agent’s 's delivery of the Exxxxxx Money to Purchaser Earnest Monex xx Xurchaser pursuant to this paragraph, any remedy of Seller being against Purchaser, not Escrow Agent.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

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