Common use of Termination of Agreement During Due Diligence Period Clause in Contracts

Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, or for any reason whatsoever, Buyer may terminate this Agreement by written notice to Seller at any time prior to the expiration of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement, the First Deposit shall be paid to Seller and the Second Deposit shall be paid to Buyer. In the event Buyer fails to terminate this Agreement prior to the expiration of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement under and in accordance with this Article 5. Buyer and Seller each acknowledge and agree that although Buyer may continue to conduct Due Diligence after the Due Diligence Period, Buyer does not have the right to terminate this Agreement after the Due Diligence Period pursuant to this Article 5 and the First Deposit and Second Deposit are non-refundable to Buyer as and to the extent set forth in Section 3.1.1.

Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, or for any reason whatsoever, Buyer may terminate this Agreement by written notice to Seller at any time prior to the expiration of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement, the First Deposit Agreement and Buyer shall be paid entitled to Seller and the Second Deposit shall be paid to Buyerreturn of the Deposit. In the event Buyer fails to terminate this Agreement prior to the expiration of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement under and in accordance with this Article 5. Buyer and Seller each acknowledge and agree that although Buyer may continue to conduct Due Diligence shall have no additional period after the expiration of the Due Diligence PeriodPeriod to conduct further Due Diligence, unless requested by Buyer in writing prior to the expiration of the Due Diligence Period (and Buyer acknowledges and agrees that notwithstanding that Buyer may conduct further Due Diligence, Buyer does not shall have the no further right to terminate this Agreement with respect to such further Due Diligence or otherwise in accordance with this Article 5 after the expiration of the Due Diligence Period pursuant to this Article 5 and the First Deposit and Second Deposit are non-refundable to Buyer as and to the extent set forth in Section 3.1.1Period).

Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, or for any reason whatsoever, Buyer may terminate this Agreement by written notice to Seller at any time prior to the expiration of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement, Agreement and the First Deposit shall be paid to Seller and the Second Deposit shall be paid promptly returned to Buyer. In the event Buyer fails to terminate this Agreement prior to the expiration of the Due Diligence Period, or in the event that the Closing of the sale by APCII of the KV Property occurs prior to the expiration of the Due Diligence Period, then, in either event, Buyer shall be deemed to have waived its rights to terminate this Agreement under and in accordance with this Article 5. Buyer and Seller each acknowledge and agree that although Buyer may continue to conduct Due Diligence after the Due Diligence Period, Buyer does not acknowledges and agrees that Buyer shall have the no right to terminate this Agreement after the with respect to such further Due Diligence Period or otherwise pursuant to this Article 5 and after the First Deposit and Second Deposit are non-refundable to Buyer as and to expiration of the extent set forth in Section 3.1.1Due Diligence Period.

Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, or for any reason whatsoever, Buyer may terminate this Agreement by written notice to Seller at any time prior to 5:00 p.m. Eastern Time on the expiration last day of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement, the First Deposit Agreement and Buyer shall be paid entitled to Seller and the Second Deposit shall be paid to Buyerreturn of the Deposit. In the event Buyer fails to terminate this Agreement prior to 5:00 p.m. Eastern Time on the expiration last day of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement under and in accordance with this Article 5. Buyer and Seller each acknowledge and agree that although Buyer may continue to conduct Due Diligence shall have no additional period after the expiration of the Due Diligence PeriodPeriod to conduct further Due Diligence. If after the expiration of the Due Diligence Period Buyer conducts further Due Diligence, Buyer does not acknowledges and agrees that Buyer shall have the no further right to terminate this Agreement with respect to such further Due Diligence or otherwise in accordance with this Article 5 after the expiration of the Due Diligence Period pursuant to this Article 5 and the First Deposit and Second Deposit are non-refundable to Buyer as and to the extent set forth in Section 3.1.1Period.

Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, or for any reason whatsoever, Buyer may terminate this Agreement by written notice to Seller at any time prior to 5:00 p.m. Eastern Time on the expiration last day of the Due Diligence Period, and, in the event of such termination, Buyer shall have no further rights whatsoever to acquire all or any portion of the Property and neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement, the First Deposit Agreement and Buyer shall be paid entitled to Seller and the Second Deposit shall be paid to Buyerreturn of the Deposit. In the event Buyer fails to terminate this Agreement prior to 5:00 p.m. Eastern Time on the expiration last day of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement under and in accordance with this Article 5. Buyer and Seller each acknowledge and agree that although Buyer may continue to conduct If after the expiration of the Due Diligence Period Buyer conducts further Due Diligence, Buyer acknowledges and agrees that Buyer shall have no further right to terminate this Agreement with respect to such further Due Diligence or otherwise in accordance with this Article 5 after the expiration of the Due Diligence Period, Buyer does not have provided that the right to terminate this Agreement after the Due Diligence Period pursuant to this Article 5 and the First Deposit and Second Deposit are non-refundable to Buyer as and to the extent set forth foregoing shall in Section 3.1.1no way limit or restrict Buyer’s other rights hereunder or otherwise.

Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, or for any reason whatsoever, Buyer may terminate this Agreement by written notice to Seller at any time prior to 5:00 p.m. Eastern Time on the expiration last day of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement, the First Deposit Agreement and Buyer shall be paid entitled to Seller and the Second Deposit shall be paid to Buyerreturn of the Deposit. In the event Buyer fails to terminate this Agreement prior to 5:00 p.m. Eastern Time on the expiration last day of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement under and in accordance with this Article 5. Buyer and Seller each acknowledge and agree that although Buyer may continue to conduct Due Diligence If after the expiration of the Due Diligence PeriodPeriod Buyer conducts further Due Diligence, Buyer does not acknowledges and agrees that Buyer shall have the no further right to terminate this Agreement with respect to such further Due Diligence or otherwise in accordance with this Article 5 after the expiration of the Due Diligence Period provided, that the foregoing shall in no way limit or restrict Buyer’s other rights hereunder or otherwise. Buyer and Seller hereby acknowledge that the Due Diligence Period has expired, and Buyer’s right to terminate this Agreement pursuant to this Article 5 Section 5.3 shall be of no further force and the First Deposit and Second Deposit are non-refundable to Buyer as and to the extent set forth in Section 3.1.1effect.

Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, or for any reason whatsoever, Buyer may terminate this Agreement by written notice to Seller at any time prior to 5:00 p.m. Eastern Time on the expiration last day of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement, the First Deposit Agreement and Buyer shall be paid entitled to Seller and the Second Deposit shall be paid to Buyerreturn of the Deposit. In the event Buyer fails to terminate this Agreement prior to 5:00 p.m. Eastern Time on the expiration last day of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement under and in accordance with this Article 5. Buyer and Seller each acknowledge and agree that although Buyer may continue to conduct further Due Diligence after the expiration of the Due Diligence Periodperiod, provided, however that after the expiration of the Due Diligence Period Buyer conducts such further Due Diligence, Buyer does not acknowledges and agrees that Buyer shall have the no further right to terminate this Agreement with respect to such further Due Diligence or otherwise in accordance with this Article 5 after the expiration of the Due Diligence Period pursuant to this Article 5 and the First Deposit and Second Deposit are non-refundable to Buyer as and to the extent set forth in Section 3.1.1Period.