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, Buyer may terminate this Agreement by written notice to Seller given at any time prior to the expiration of the Due Diligence Period, in which event, the Title Company shall (i) pay Twenty-five Thousand Dollars ($25,000.00) of the Deposit to Seller and (ii) refund the balance of the Deposit to Buyer and thereafter Seller and Buyer shall not have any liability hereunder except for obligations which by the express terms of this Agreement survive the termination of this Agreement. 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 in accordance with this Article 5. Buyer and Seller each acknowledge and agree that Buyer shall have no additional period after the expiration of the Due Diligence Period to conduct further Due Diligence.

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, Buyer may terminate this Agreement by written notice to Seller given at any time prior to the expiration of the Due Diligence Period, in which event, the Title Company shall (i) pay Twenty-five Thousand Dollars ($25,000.00) of refund the Deposit to Seller and (iiless the Initial Payment) refund the balance of the Deposit to Buyer and thereafter Seller and Buyer shall not have any liability hereunder except for obligations which by the express terms of this Agreement survive the termination of this Agreement. 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 in accordance with this Article 5. Buyer and Seller each acknowledge and agree that Buyer shall have no additional period after the expiration of the Due Diligence Period to conduct further Due Diligence.Diligence on-site at the Property except as provided in Section 5.1. LEGAL02/34919558v5

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, Buyer may terminate this Agreement for any reason or no reason whatsoever by written notice to Seller given at any time prior to the expiration of the Due Diligence Period, and, in which eventthe event of such termination, the Title Company shall (i) pay Twenty-five Thousand Dollars ($25,000.00) of the Deposit to neither Seller and (ii) refund the balance of the Deposit to Buyer and thereafter Seller and nor Buyer shall not have any liability hereunder except for those obligations which by the express terms of this Agreement expressly survive the termination of this AgreementAgreement and Buyer shall be entitled to the return 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 in accordance with this Article 5. Buyer and Seller each acknowledge and agree that Buyer shall have no additional period after the expiration of the Due Diligence Period to conduct further Due Diligence.

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, Buyer may terminate this Agreement by written notice to Seller given at any time prior to 5:00 p.m. Eastern Time on the expiration last day of the Due Diligence Period, and, in which eventthe event of such termination, the Title Company shall (i) pay Twenty-five Thousand Dollars ($25,000.00) of the Deposit to neither Seller and (ii) refund the balance of the Deposit to Buyer and thereafter Seller and nor Buyer shall not have any liability hereunder except for those obligations which by the express terms of this Agreement expressly survive the termination of this AgreementAgreement and Buyer shall be entitled to the return 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 in accordance with this Article 5. Buyer and Seller each acknowledge and agree that Buyer shall have no additional period If after the expiration of the Due Diligence Period to conduct 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).

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 PeriodPeriod or is otherwise not satisfied with the Property for any reason or no reason, or determines not to pursue the Transaction for any reason or no reason, Buyer may terminate this Agreement by written notice to Seller given at any time prior to the expiration of the Due Diligence Period, and, in which eventthe event of such termination, the Title Company shall (i) pay Twenty-five Thousand Dollars ($25,000.00) of the Deposit to neither Seller and (ii) refund the balance of the Deposit to Buyer and thereafter Seller and nor Buyer shall not have any liability hereunder except for those obligations which by the express terms of this Agreement expressly survive the termination of this AgreementAgreement and Buyer shall be entitled to the return 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 in accordance with this Article 5. Except as otherwise expressly provided in Section 5.1.1(e) above, Buyer and Seller each acknowledge and agree that Buyer shall have no additional period after the expiration of the Due Diligence Period to conduct further Due Diligence.