Buyer’s Costs definition

Buyer’s Costs means the actual expenses incurred by Buyer and paid (A) to Buyer’s attorneys (including in-house attorneys) in connection with the negotiation of this Agreement or the proposed purchase of the Property, (B) to third party consultants in connection with the performance of examinations, inspections and/or investigations pursuant to this Agreement or the Access Agreement, and (C) to any potential lender in connection with any proposed financing of the Property. The obligations under this Section12 shall survive termination.

Buyer’s Costs is defined for the purpose of this Agreement as the expenses, if any, actually incurred by Buyer for: (x) title examination, survey, and municipal searches, including the issuance of the Title Commitment and any continuation thereof, without issuance of a title insurance policy; (y) fees paid to Buyer's engineer and architect for preparing any environmental and engineering reports with respect to the Property and all Project design work; and (z) the actual and reasonable third-party costs incurred by Xxxxx in connection with the negotiation of this Agreement and Xxxxx's due diligence with respect to the Property, including, without limitation, reasonable attorneys' fees. In the event Seller pays the above costs, to the extent Buyer is permitted to assign, Seller shall have the right to obtain from Buyer all plans, designs, and project documents related to any improvement contemplated for the Property and have the right to use the same for any purpose whatsoever (and Buyer shall be obligated to convey the same to Seller upon demand, and assign any rights to Seller to authorize the use of such documents by Seller).

Buyer’s Costs has the meaning ascribed to such term in Section 3.3.

Examples of Buyer’s Costs in a sentence

• The Agreed-Upon Limit shall not apply to subsections 7.1(d), (e), (g), and (i) above, Section 8.8 below (except as provided in 8.8(a)(ii)) or errors in the proper calculation of closing credits or changes including, but not limited to, Seller’s Costs and Buyer’s Costs under Article XI, below, and Adjustments under Article XII, below.

• Escrow Holder shall debit or credit (as provided herein) all Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and General Expenses, prorate matters and withhold funds as provided herein.

• Closing Statement in a form reasonably acceptable to Buyer and Seller showing the allocation of Buyer’s Costs, Seller’s Costs, Escrow Expenses, Prorations, and General Expenses, all as defined in Section 16, and disbursements to be made by Escrow Holder.

• Escrow Holder shall debit or credit (as provided herein) all Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and general expenses, prorate matters and withhold funds as provided herein.

• As material consideration to Seller’s entering into this Agreement with Buyer, Buyer waives any right to record or file a notice of lis pendens or notice of pendency of action or similar notice against any portion of the Property, except for, or in connection with, the proper exercise by Buyer of its remedy of specific performance under clause (B) of this Section 11.2 or Seller’s failure to pay Buyer’s Costs, if applicable.

More Definitions of Buyer’s Costs

Buyer’s Costs means all of Buyer’s documented out-of-pocket expenses, not to exceed $150,000.00, in connection with the negotiation of this Agreement, Buyer’s due diligence investigations and its pursuit of any financing with respect to its acquisition of the Property.

Buyer’s Costs means Cdn$28,000.

Buyer’s Costs means:

Buyer’s Costs means the actual expenses incurred by Buyer (with invoices or other reasonably satisfactory evidence thereof to be provided to Seller) and paid (A) to Buyer’s attorneys (including in-house attorneys) in connection with the negotiation of this Agreement or the proposed purchase of the Property, (B) to third party consultants in connection with the performance of examinations, inspections and/or investigations pursuant to this Agreement and (C) to any potential lender in connection with any proposed financing of the Property, not to exceed $25,000 PLUS any non-refundable deposits to lock any rate or spread, or payments to purchase any interest rate cap, paid or payable to any proposed lender or cap provider (provided, however that Buyer shall not make any such deposit or cap payment earlier than five (5) Business Days prior to Closing) in the aggregate.

Buyer’s Costs means the actual expenses incurred by Buyer and paid (i) to Buyer’s attorneys for reasonable fees in connection with the negotiation of this Agreement or the proposed purchase and/or financing of the Property, (ii) to third party consultants in connection with the performance of examinations, inspections and/or investigations performed by Buyer or Buyer’s Agents, and (iii) to any potential lender in connection with any proposed financing of the Property. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER’S LIABILITY UNDER THIS AGREEMENT AND/OR ANY RELATED DOCUMENTS (INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITY RESULTING FROM, CONNECTED WITH OR ARISING OUT OF: (i) ANY BREACH OR VIOLATION BY SELLER OF ANY REPRESENTATION, WARRANTY, COVENANT, AGREEMENT OR PROMISE OF SELLER SET FORTH IN THIS AGREEMENT OR ANY OF THE RELATED DOCUMENTS, (ii) SELLER’S DEFAULT HEREUNDER OR FAILURE TO COMPLY WITH ANY DUTY, RESPONSIBILITY OR OBLIGATION OF SELLER SET FORTH IN THIS AGREEMENT OR ANY RELATED DOCUMENT, AND/OR (iii) ANY INDEMNIFICATION OBLIGATIONS OF SELLER SET FORTH IN THIS AGREEMENT (OTHER THAN THOSE SET FORTH IN SECTION 10.16 OF THIS AGREEMENT) OR ANY OF THE CLOSING DOCUMENTS) EXCEED, IN THE AGGREGATE, THE AMOUNT OF THE CAP.

Buyer’s Costs means the actual expenses incurred by Buyer, documented by invoices and receipts delivered to Seller, and paid (A) to Buyer’s attorneys (including in-house attorneys) in connection with the negotiation of this Agreement or the proposed purchase of the Property, (B) to third party consultants in connection with the performance of examinations, inspections and/or investigations pursuant to Section 6 and (C) to any potential lender in connection with any proposed financing of the Property; provided, however, that such Buyer’s Costs shall be capped in all instances at $150,000.00 PLUS all non-refundable rate lock or spread lock fees actually paid to Buyer’s proposed lender (which shall be paid not earlier than five (5) days prior to Closing and which shall not exceed 2% of the loan amount).

Buyer’s Costs as defined in Section 4 (b) (ii).