Termination Without Default. If the sale of the Property is not consummated because of the failure of any condition precedent to Purchaser’s obligations expressly set forth in this Agreement or for any other reason except a default by Purchaser in its obligation to purchase the Property in accordance with the provisions of this Agreement, and provided that Purchaser has performed or tendered performance of all of its material obligations under this Agreement, the Deposit (less the Independent Contract Consideration) shall be returned to Purchaser promptly following Purchaser’s compliance with its obligations under Section 5.3(c).
Appears in 2 contracts
Samples: Real Estate Purchase and Sale Agreement, Real Estate Purchase and Sale Agreement (Lexicon Pharmaceuticals, Inc./De)
Termination Without Default. If the sale of the Property is not consummated because of the failure of any condition precedent to Purchaser’s obligations expressly set forth in this Agreement or for any other reason except a default by Purchaser in its obligation to purchase the Property in accordance with the provisions of this Agreement, and provided that Purchaser has performed or tendered performance of all of its material obligations under this Agreement, the Deposit (less the Independent Contract Consideration) shall be returned to Purchaser promptly following Purchaser’s compliance with its obligations under Section 5.3(c).
Appears in 2 contracts
Samples: Real Estate Purchase and Sale Agreement (Lexicon Pharmaceuticals, Inc.), Real Estate Purchase and Sale Agreement (Hines Real Estate Investment Trust Inc)
Termination Without Default. If the sale of the Property is not consummated because of the failure of any condition precedent to Purchaser’s 's obligations expressly set forth in this Agreement or for any other reason except a default by Purchaser in its obligation to purchase the Property in accordance with the provisions of this Agreement, and provided that Purchaser has performed or tendered performance of all of its material obligations under this Agreement, the Deposit (less other than the Independent Contract ConsiderationNonrefundable Portion of the Deposit) shall be returned to Purchaser promptly following Purchaser’s 's compliance with its obligations under Section SECTION 5.3(c).
Appears in 1 contract
Samples: Real Estate Purchase and Sale Agreement (Behringer Harvard Reit I Inc)
Termination Without Default. If the sale of the Property is not consummated because of the failure of any condition precedent to Purchaser’s obligations expressly set forth in this Agreement or for any other reason except a default by Purchaser in its obligation to purchase the Property in accordance with the provisions of this Agreement, and provided that Purchaser has performed or tendered performance of all of its material obligations under this Agreement, the Deposit (less the Independent Contract Considerationincluding any Non-Refundable Amount) shall be returned to Purchaser promptly following Purchaser’s compliance with its obligations under Section 5.3(c).
Appears in 1 contract
Samples: Real Estate Purchase and Sale Agreement (Lexicon Pharmaceuticals, Inc.)
Termination Without Default. If the sale of the Property is not consummated because of the failure of any condition precedent to Purchaser’s obligations expressly set forth in this Agreement or for any other reason except a default by Purchaser in its obligation to purchase the Property in accordance with the provisions of this Agreement, and provided that Purchaser has performed Agreement (which shall be governed by Section 10.2) or tendered performance of all any default by Seller of its material obligations under this AgreementAgreement (which shall be governed by Section 10.3), the Deposit (less the Independent Contract Consideration) shall promptly be returned to Purchaser promptly following Purchaser’s compliance with its and neither Party shall have any further obligations under Section 5.3(c)hereunder.
Appears in 1 contract
Samples: Real Estate Purchase and Sale Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)
Termination Without Default. If the sale of the Property is not consummated because of the failure of any condition precedent to Purchaser’s obligations expressly set forth in this Agreement or for any other reason except a default by Purchaser in its obligation to purchase the Property in accordance with the provisions of this Agreement, and provided that Purchaser has performed or tendered performance of all of its material obligations under this Agreement, the Deposit (less the Independent Contract Consideration) shall promptly be returned to Purchaser promptly following Purchaser’s compliance with its obligations under Section 5.3(c).
Appears in 1 contract
Samples: Real Estate Purchase and Sale Agreement (Feldman Mall Properties, Inc.)
Termination Without Default. If the sale of the Property is not consummated because of the failure of any condition precedent to Purchaser’s obligations expressly set forth in this Agreement or for any other reason except a default by Purchaser in its obligation to purchase the Property in accordance with the provisions of this Agreement, and provided that Purchaser has performed Agreement (which shall be governed by Section 8.2) or tendered performance of all any default by Seller of its material obligations under this AgreementAgreement (which shall be governed by Section 8.3), the Deposit (less the Independent Contract Consideration) shall promptly be returned to Purchaser promptly following Purchaser’s compliance with its subject to the terms of Section 9.10 and neither party shall have any further obligations under Section 5.3(c)hereunder.
Appears in 1 contract
Termination Without Default. If the sale of the Property is not consummated because of the failure of any condition precedent to Purchaser’s obligations expressly set forth in this Agreement or for any other reason except a default by Purchaser in its obligation to purchase the Property in accordance with the provisions of this Agreement, and provided that Purchaser has performed or tendered performance of all of its material obligations under this Agreement, the Deposit (less the Independent Contract Considerationany Non-Refundable Amount, unless expressly provided otherwise in this Agreement) shall be returned to Purchaser promptly following Purchaser’s compliance with its obligations under delivery of the certifications provided in Section 5.3(c).
Appears in 1 contract
Samples: Real Estate Purchase and Sale Agreement (Lexicon Pharmaceuticals, Inc.)
Termination Without Default. If the sale of the Property is not consummated because of the failure of any condition precedent to Purchaser’s obligations expressly set forth in this Agreement or for any other reason except a default by Purchaser in its obligation to purchase the Property in accordance with the provisions of this Agreement, and provided that Purchaser has performed or tendered performance of all of its material obligations under this Agreement, the Deposit (less the Independent Contract Consideration) shall promptly be returned to Purchaser promptly following Purchaser’s compliance with its obligations under Section 5.3(c).
Appears in 1 contract
Termination Without Default. If the sale of the Property is not consummated because of the failure of any condition precedent to Purchaser’s obligations expressly set forth in this Agreement or for any other reason except a default by Purchaser in its obligation to purchase the Property in accordance with the provisions of this Agreement, and provided that Purchaser has performed or tendered performance of all of its material obligations under this Agreement, the Deposit (less the Independent Contract Consideration) shall be returned to Purchaser promptly following Purchaser’s compliance with its obligations under Section 5.3(c)) and the parties shall have no further obligation to each other except for those obligations that are herein stated to expressly survive the termination of this Agreement.
Appears in 1 contract
Samples: Real Estate Purchase and Sale Agreement (GCP Applied Technologies Inc.)
Termination Without Default. If the sale of the Property is not consummated because of the failure of any condition precedent to Purchaser’s obligations expressly set forth in this Agreement or for any other reason except a default by Purchaser in its obligation to purchase the Property in accordance with the provisions of this Agreement, and provided that Purchaser has performed or tendered performance of all of its material obligations under this Agreement, the Deposit (less the Independent Contract Consideration) shall be returned to Purchaser promptly following Purchaser’s compliance with its obligations under Section 5.3(c)) and the parties shall have no further obligation to each other except for those obligations that expressly survive the termination of this Agreement.
Appears in 1 contract
Samples: Real Estate Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)