Waiver of Failure of Conditions Precedent. At any time or times on or before the date specified for the satisfaction of any condition, Seller or Buyer may elect in writing to waive the benefit of any such condition set forth in Section 8.1 or Section 8.2, respectively. By closing the Transaction, Seller and Buyer shall be conclusively deemed to have waived the benefit of any remaining unfulfilled conditions set forth in Section 8.1 and Section 8.2, respectively. In the event any of the conditions set forth in Section 8.1 or Section 8.2 are neither waived nor fulfilled, Seller or Buyer (as appropriate) may exercise such rights and remedies, if any, that such party may have pursuant to the terms of Article 11 hereof.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (American Realty Capital Healthcare Trust Inc), Purchase and Sale Agreement (Athenahealth Inc), Purchase and Sale Agreement (Wells Real Estate Fund v L P)
Waiver of Failure of Conditions Precedent. At any time or times on or before the date specified for the satisfaction of any condition, Seller or Buyer may elect in writing to waive the benefit of any such condition set forth in Section 8.1 or Section 8.2, respectively. By closing the Transaction, Seller and Buyer shall be conclusively deemed to have waived the benefit of any remaining unfulfilled conditions set forth in Section 8.1 and Section 8.2, respectively. In the event any of the conditions set forth in Section Sections 8.1 or Section 8.2 are neither waived nor fulfilled, Seller or Buyer (as appropriate) may exercise such rights and remedies, if any, that such party may have pursuant to the terms of Article 11 hereof.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Cogdell Spencer Inc.), Purchase and Sale Agreement (Grubb & Ellis Apartment REIT, Inc.), Purchase and Sale Agreement (Grubb & Ellis Apartment REIT, Inc.)
Waiver of Failure of Conditions Precedent. At any time or times on or before the date specified for the satisfaction of any condition, Seller or Buyer may elect in writing to waive the benefit of any such condition set forth in Section 8.1 or Section 8.2, respectively. By closing the Transactionon any Property, Seller and Buyer shall be conclusively deemed to have waived the benefit of any remaining unfulfilled conditions set forth in Section 8.1 and Section 8.2, respectively, with respect to such Property. In the event any of the conditions set forth in Section Sections 8.1 or Section 8.2 are neither waived nor fulfilled, Seller or Buyer (as appropriate) may exercise such rights and remedies, if any, that as such party may have pursuant to the terms of Article 11 hereof.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.), Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)
Waiver of Failure of Conditions Precedent. At any time or times on or before the date specified for the satisfaction of any condition, Buyer or Seller or Buyer may elect in writing to waive the benefit of any such condition set forth in Section 8.1 6.1 or Section 8.26.2, respectively. By closing (unless otherwise specifically provided herein) the Transaction, Buyer and Seller and Buyer shall be conclusively deemed to have waived the benefit of any remaining unfulfilled conditions set forth in Section 8.1 and 6.1 or Section 8.26.2, respectively. In the event any of the conditions set forth in Section 8.1 Sections 6.1 or Section 8.2 6.2 are neither waived nor fulfilled, Buyer or Seller or Buyer (as appropriate) may exercise such rights terminate their obligations to perform at the Closing and remedies, if any, that such party may have pursuant to otherwise under this Agreement in accordance with the terms provisions of Article 11 hereof9.
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Waiver of Failure of Conditions Precedent. At any time or times on or before the date specified for the satisfaction of any condition, Seller or Buyer Purchaser may elect in writing to waive the benefit of any such condition set forth in Section 8.1 7.5 or Section 8.27.6, respectively. By closing the Transactiontransaction contemplated by this Agreement, Seller and Buyer Purchaser shall be conclusively deemed to have waived the benefit of any remaining unfulfilled conditions set forth in Section 8.1 and 7.5 or Section 8.27.6, respectively. In the event any of the conditions set forth in Section 8.1 7.5 or Section 8.2 7.6 are neither waived nor fulfilled, Seller or Buyer Purchaser (as appropriate) may exercise such rights and remedies, if any, that such party may have pursuant to the terms of Article Section 10 or Section 11 hereof(as applicable) of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Opportunity REIT II, Inc.)
Waiver of Failure of Conditions Precedent. At any time or times on or before the date specified for the satisfaction of any condition, Seller or Buyer may elect in writing to waive the benefit of any such condition set forth in Section 8.1 6.1 or Section 8.26.2, respectively. By closing the Transaction, Seller and Buyer shall be conclusively deemed to have waived the benefit of any remaining unfulfilled conditions set forth in Section 8.1 6.1 and Section 8.26.2, respectively. In the event If any of the conditions set forth in Section 8.1 Sections 6.1 or Section 8.2 6.2 are neither waived nor fulfilled, Seller or Buyer (as appropriate) may exercise such rights and remedies, if any, that such party Party may have pursuant to the terms of Article 11 9 hereof.
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