Common use of Termination During Due Diligence Period Clause in Contracts

Termination During Due Diligence Period. If Buyer determines, in its sole discretion, before the expiration of the Due Diligence Period that the Property is unacceptable for Buyer’s purposes, then Buyer shall have the right to terminate this Agreement by giving to Seller notice of termination (“Termination Notice”) on or before the expiration of the relevant Due Diligence Period, in which event Deposit shall be immediately returned to Buyer, Buyer shall immediately return (or confirm the destruction of) all Property Information, if any, to Seller and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. If Buyer fails to deliver a Termination Notice or Acceptance Notice (as defined below) to Seller on or before the expiration of the Due Diligence Period, then Buyer shall be deemed to have elected to terminate this Agreement and the Deposit shall be immediately returned to Buyer. Buyer’s delivery (or deemed delivery) of a Termination Notice to Seller with respect to the Property shall constitute Buyer’s election to terminate this Agreement with respect to the Property as provided above in this Paragraph 5.F.

Termination During Due Diligence Period. If Buyer determines, in its sole discretion, before the expiration of the Due Diligence Period Period, that the Real Property is unacceptable for Buyer’s 's purposes, then Buyer shall have the right to terminate this Agreement by giving to Seller notice of termination (“Termination Notice”"TERMINATION NOTICE") on or before the expiration of the relevant Due Diligence Period, in which event the Transaction Deposit shall be immediately returned refunded to Buyer, the Performance Deposit shall be remitted to Seller, Buyer shall immediately return (or confirm the destruction of) all Property Information, if any, Information to Seller and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. If Buyer fails to deliver a Termination Notice or Acceptance Notice (as defined below) to Seller and Escrow Holder on or before the expiration of the Due Diligence Period, then Buyer shall be deemed to have elected to terminate this Agreement be satisfied with all aspects of all the Real Property, including, without limitation, the condition and suitability of all the Deposit Real Property for Buyer's intended use, and Buyer shall be immediately returned obligated to Buyeracquire the Real Property in accordance with the provisions of this Agreement. Buyer’s 's delivery (or deemed delivery) of a Termination Notice to Seller with respect to the Real Property shall constitute Buyer’s 's election to terminate this Agreement with respect to the Real Property as provided above in this Paragraph 5.F.SECTION 4.3.3.

Termination During Due Diligence Period. If Buyer determines, in its sole discretion, before the expiration of the Due Diligence Period Period, that the Real Property is unacceptable for Buyer’s 's purposes, then Buyer shall have the right to terminate this Agreement by giving to Seller notice of termination (“"Termination Notice”") on or before the expiration of the relevant Due Diligence Period, in which event the Deposit shall be immediately returned refunded to Buyer, Buyer shall immediately return (or confirm the destruction of) all Property Information, if any, Information to Seller and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. If Buyer fails to deliver a Termination Notice or Acceptance Notice (as defined below) to Seller and Escrow Holder on or before the expiration of the Due Diligence Period, then Buyer shall be deemed to have elected be satisfied with all aspects of all the Real Property, including, without limitation, the condition and suitability of all the Real Property for Buyer's intended use, and Buyer shall be obligated to terminate acquire the Real Property in accordance with the provisions of this Agreement and (but subject to the Deposit shall be immediately returned to Buyerprovisions of Section 7 hereof). Buyer’s 's delivery (or deemed delivery) of a Termination Notice to Seller with respect to the Real Property shall constitute Buyer’s 's election to terminate this Agreement with respect to the Real Property as provided above in this Paragraph 5.F.Section 4.3.3.

Termination During Due Diligence Period. If Buyer determines, in its sole discretion, before the expiration of the Due Diligence Period Period, that the Property is unacceptable for Buyer’s purposes, then Buyer shall have the right to terminate this Agreement by giving to Seller notice of termination (“Termination Notice”) on or before the expiration of the relevant Due Diligence Period, in which event the Deposit shall be immediately returned refunded to Buyer, Buyer shall immediately return (or confirm the destruction of) all Property Information, if any, Information to Seller and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. If Buyer fails to deliver a Termination Notice or Acceptance Notice (as defined below) to Seller and Escrow Holder on or before the expiration of the Due Diligence Period, then Buyer shall be deemed to have elected be satisfied with all aspects of all the Property, including, without limitation, the condition and suitability of all the Property for Buyer’s intended use, and Buyer shall be obligated to terminate acquire the Real Property in accordance with the provisions of this Agreement but subject to the conditions and the Deposit shall be immediately returned to Buyerprovisions of this Agreement. Buyer’s delivery (or deemed delivery) of a Termination Notice to Seller with respect to the Property shall constitute Buyer’s election to terminate this Agreement with respect to the Property as provided above in this Paragraph 5.F.Section 4.3.3.

Termination During Due Diligence Period. If Buyer determines, in its sole and absolute discretion, before the expiration of the Due Diligence Period Period, that the Real Property is unacceptable for Buyer’s purposespurposes for any reason or no reason, then Buyer shall have the right to terminate this Agreement by giving to Seller written notice of termination (“Termination Notice”) on or before the expiration of the relevant Due Diligence Period, in which event the Initial Deposit shall be immediately returned refunded to Buyer, Buyer shall immediately return (or confirm the destruction of) all Property Information, if any, Information to Seller and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. If Buyer determines that the Property is acceptable for Buyer’s purposes, then prior to expiration of the Due Diligence Period, Buyer shall deliver a written notice of approval to Seller (the “Approval Notice”). If Buyer fails to deliver a Termination an Approval Notice or Acceptance Notice (as defined below) to Seller on or before the expiration of the Due Diligence Period, then Buyer shall be deemed to have elected to terminate this Agreement disapproved the Property and delivered a Termination Notice, and the Deposit parties shall be immediately returned to Buyerproceed as provided above. Buyer’s delivery (of a Termination Notice to Seller or deemed delivery) delivery of a Termination Notice to Seller with respect to the Property shall constitute Buyer’s election to terminate this Agreement with respect to the Property as provided above in this Paragraph 5.F.Section 4.3.5.

Termination During Due Diligence Period. If Buyer Purchaser determines, in its sole discretion, before the expiration of the Due Diligence Period Period, that the Real Property is unacceptable for BuyerPurchaser’s purposes, then Buyer Purchaser shall have the right to terminate this Agreement by giving to Seller notice of termination (“Termination Notice”) on or before the expiration of the relevant Due Diligence Period, in which event the Deposit shall be immediately returned refunded to BuyerPurchaser, Buyer Purchaser shall immediately return (or confirm the destruction of) all Property Information, if any, Information to Seller and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. If Buyer Purchaser fails to deliver a Termination Notice or Acceptance Notice (as defined below) to Seller and Escrow Holder on or before the expiration of the Due Diligence Period, then Buyer Purchaser shall be deemed to have elected be satisfied with all aspects of all of the Real Property (other than title and survey matters, which shall continue to terminate this Agreement be governed by the provisions of section 4.2), including, without limitation, the condition and suitability of all the Deposit Real Property for Purchaser’s intended use, and Purchaser shall be immediately returned obligated to Buyer. Buyer’s delivery (or deemed delivery) acquire the Real Property in accordance with the provisions of a Termination Notice to Seller with respect to the Property shall constitute Buyer’s election to terminate this Agreement with respect to the Property as provided above in this Paragraph 5.F.Agreement.

Termination During Due Diligence Period. If Buyer determines, in its sole discretion, before the expiration of the Due Diligence Period that the Property is unacceptable for Buyer’s purposes, then Buyer shall have the right to terminate this Agreement by giving to Seller notice of termination (“Termination Notice”) on or before the expiration of the relevant Due Diligence Period, in which event Deposit shall be immediately returned to Buyer, the Buyer shall immediately return (or confirm the destruction of) all Property Information, if any, to Seller and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. If Buyer fails to deliver a Termination Notice or Acceptance Notice (as defined below) to Seller on or before the expiration of the Due Diligence Period, then Buyer shall be deemed to have elected to terminate this Agreement and the Deposit shall be immediately returned to BuyerAgreement. Buyer’s delivery (or deemed delivery) of a Termination Notice to Seller with respect to the Property shall constitute Buyer’s election to terminate this Agreement with respect to the Property as provided above in this Paragraph 5.F.4.F.

Termination During Due Diligence Period. If Buyer determines, in its sole discretion, before the expiration of the Due Diligence Period that the Property is unacceptable for Buyer’s purposes, then Buyer shall have the right to terminate this Agreement by giving to Seller notice of termination (“Termination Notice”) on or before the expiration of the relevant Due Diligence Period, in which event Deposit shall be immediately returned to Buyer, the Buyer shall immediately return (or confirm the destruction of) all Property Information, if any, to Seller and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. If Buyer fails to deliver a Termination Notice or Acceptance Notice (as defined below) to Seller on or before the expiration of the Due Diligence Period, then Buyer shall be deemed to have elected to terminate this Agreement and the Deposit shall be immediately returned to BuyerAgreement. Buyer’s delivery (or deemed delivery) of a Termination Notice to Seller with respect to the Property shall constitute Buyer’s election to terminate this Agreement with respect to the Property as provided above in this Paragraph 5.F.

Termination During Due Diligence Period. If Buyer determines, in its sole discretion, before the expiration of the Due Diligence Period Period, that the Real Property is unacceptable for Buyer’s purposes, then for any reason or no reason, Buyer shall have the right to terminate this Agreement by giving to Seller notice of termination (“Termination Notice”) on or before the expiration of the relevant Due Diligence Period, in which event the Deposit shall be immediately returned refunded to Buyer, Buyer shall immediately return (or confirm the destruction of) all Property Information, if any, Information to Seller and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. If Buyer fails to deliver a Termination Notice or Acceptance Notice (as defined below) to Seller and Escrow Holder on or before the expiration of the Due Diligence Period, then Buyer shall be deemed to have elected waived its right to terminate this Agreement and the Deposit shall be immediately returned pursuant to BuyerSection 4.3.3. BuyerXxxxx’s delivery (or deemed delivery) of a Termination Notice to Seller with respect to the Real Property shall constitute Buyer’s election to terminate this Agreement with respect to the Real Property as provided above in this Paragraph 5.F.Section 4.3.3.

Termination During Due Diligence Period. If Buyer determines, in its sole discretion, before the expiration of the Due Diligence Period Period, that the Real Property is unacceptable for Buyer’s purposes, then for any reason or no reason, Buyer shall have the right to terminate this Agreement by giving to Seller notice of termination (“Termination Notice”) on or before the expiration of the relevant Due Diligence Period, in which event the Deposit shall be immediately returned refunded to Buyer, Buyer shall immediately return (or confirm the destruction of) all Property Information, if any, Information to Seller and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. If Buyer fails to deliver a Termination Notice or Acceptance Notice (as defined below) to Seller and Escrow Holder on or before the expiration of the Due Diligence Period, then Buyer shall be deemed to have elected waived its right to terminate this Agreement and the Deposit shall be immediately returned pursuant to BuyerSection 4.3.3. Buyer’s delivery (or deemed delivery) of a Termination Notice to Seller with respect to the Real Property shall constitute Buyer’s election to terminate this Agreement with respect to the Real Property as provided above in this Paragraph 5.F.Section 4.3.3.

Termination During Due Diligence Period. If Buyer determines, in its sole discretion, before the expiration of the Due Diligence Period Period, that the Real Property is unacceptable for Buyer’s purposes, then Buyer shall have the right to terminate this Agreement by giving to Seller notice of termination (“Termination Notice”) on or before the expiration of the relevant Due Diligence Period, in which event Escrow Holder shall remit the Performance Deposit shall be immediately returned to BuyerSeller, Buyer shall immediately return (or confirm the destruction of) all Property Information, if any, Information to Seller and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. If Buyer fails to deliver a Termination Notice or Acceptance Notice (as defined below) to Seller and Escrow Holder on or before the expiration of the Due Diligence Period, then Buyer shall shall, subject to the express provisions contained elsewhere in this Agreement, be deemed to have elected to terminate this Agreement be satisfied with all aspects of all the Real Property, including, without limitation, the condition and suitability of all the Deposit Real Property for Buyer’s intended use, and Buyer shall be immediately returned obligated to Buyeracquire the Real Property in accordance with the provisions of this Agreement. Buyer’s delivery (or deemed delivery) of a Termination Notice to Seller with respect to the Real Property shall constitute Buyer’s election to terminate this Agreement with respect to the Real Property as provided above in this Paragraph 5.F.Section 4.3.3.

Termination During Due Diligence Period. If Unless Buyer determinesshall affirmatively elect, in its sole sole, absolute, and unfettered discretion, to proceed forward with the transaction contemplated by this Agreement, such election to be made by written notice delivered to Seller or Seller’s counsel (which notice may be sent by e-mail) at or before the expiration of the Due Diligence Period Period, it shall be conclusively deemed that the Property is unacceptable for Buyer’s purposes, then Buyer shall have the right has elected to terminate this Agreement by giving to Seller notice of termination (“Termination Notice”) on or before the expiration of the relevant Due Diligence Period, in which event the Deposit shall be immediately returned refunded to Buyer, Buyer shall immediately return (or confirm the destruction of) all Property Information, if any, Information to Seller and, except for those provisions of this Agreement which expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. If If, on the other hand, Buyer fails shall timely (prior to deliver a Termination Notice or Acceptance Notice (as defined below) to Seller on or before the expiration of the Due Diligence Period, then Buyer shall be deemed to have elected to terminate this Agreement and the Deposit shall be immediately returned to Buyer. Buyer’s delivery (or deemed delivery) notify Seller in writing of a Termination Notice to Seller with respect to the Property shall constitute Buyer’s election to terminate proceed forward with the acquisition of the Property, then this Agreement shall remain and continue in full force and effect and the transaction contemplated by this Agreement shall proceed forward subject to and in accordance with respect to the Property as provided above in provisions of this Paragraph 5.F.Agreement.