Common use of Waiver of Conditions; Frustration of Conditions Clause in Contracts

Waiver of Conditions; Frustration of Conditions. All conditions to the Closing shall be deemed to have been satisfied or waived from and after the Concrete Effective Time. None of the Company, Industrea Parties may rely on the failure of any condition set forth in this Article IX to be satisfied if such failure was caused by the failure of the Company, on the one hand, or Industrea Parties, on the other hand, respectively, to (i) use reasonable best efforts to consummate the Mergers and the other transactions contemplated hereby and (ii) otherwise comply with its obligations under this Agreement.

Waiver of Conditions; Frustration of Conditions. All conditions to the Closing shall be deemed to have been satisfied or waived from and after the Concrete Effective TimeClosing. None of the Company, Industrea Parties No Party may rely on the failure of any condition set forth in this Article IX VIII to be satisfied if such failure was primarily caused by the failure of the CompanyBuyer, on the one hand, or Industrea PartiesSeller, on the other hand, respectively, to (ia) use commercially reasonable best efforts to consummate the Mergers and the other transactions contemplated hereby and or (iib) otherwise comply with its obligations under this Agreement.

Waiver of Conditions; Frustration of Conditions. All conditions to the Closing shall be deemed to have been satisfied or waived from and after the Concrete Effective Time. None of the Company, Industrea Parties Buyer or Merger Sub may rely on the failure of any condition set forth in this Article IX to be satisfied if such failure was caused primarily by the failure such party’s material breach of the Company, on the one hand, or Industrea Parties, on the other hand, respectively, to (i) use reasonable best efforts to consummate the Mergers and the other transactions contemplated hereby and (ii) otherwise comply with its obligations under this Agreement.. ARTICLE X TERMINATION/EFFECTIVENESS

Waiver of Conditions; Frustration of Conditions. All conditions to the Closing shall be deemed to have been satisfied or waived from and after the Concrete Effective Time. None of the Company, Industrea Company or the Parent Parties may rely on the failure of any condition set forth in this Article IX VII to be satisfied if such failure was caused by the failure of the Company, on the one hand, or Industrea the Parent Parties, on the other hand, respectively, to (i) use reasonable best efforts to consummate the Mergers Merger and the other transactions contemplated hereby and (ii) otherwise comply with its obligations under this Agreement.