Hard Deposit definition
Examples of Hard Deposit in a sentence
If Buyer terminates this Agreement pursuant to the exercise of its right of termination under Section 5(d) of this Agreement, then the Deposit (less the Hard Deposit) shall be promptly returned to Buyer upon Buyer’s written demand.
If Buyer determines that the Property is not suitable in Buyer’s sole discretion, then Buyer may terminate this Agreement by written notice to Seller on or before 5:00 pm (Eastern) on the last day of the Inspection Period and this Agreement shall be null and void for all purposes (except for provisions that expressly survive hereunder) and the Deposit (less the Hard Deposit) shall be returned to Buyer.
If Buyer determines that the Property is not suitable in Buyer’s sole discretion, then Buyer may terminate this Agreement by written notice to Seller on or before 5:00 pm (Eastern) on the last day of the Inspection Period and this Agreement shall be null and void for all purposes (except for provisions that expressly survive hereunder) and the Deposit (less the Hard Deposit) shall be promptly returned to Buyer.
If Buyer terminates or is deemed to have terminated this Agreement pursuant to Section 5(d), then Escrow Agent shall, subject to Section 3(e) below, (i) promptly return the Initial Deposit (less the Hard Deposit) to Buyer and Seller shall not have any right to object to such disbursement; and (ii) promptly disburse the Hard Deposit to Seller and Buyer shall not have any right to object to such disbursement .
If any condition set forth in this Section 17 is not fully satisfied on or before the Closing Date, Buyer shall have the right, in addition to any rights that Buyer may have under Section 3(b), to terminate this Agreement by notice to Seller, in which event the Deposit (excluding the Hard Deposit), and all obligations of the parties under this Agreement shall terminate except for those that expressly survive termination of this Agreement.
The Hard Deposit shall not be held by Escrow Holder but instead shall be delivered directly to Seller no later than one (1) business day after the Effective Date; provided, however, that Buyer shall be entitled to a return of the Hard Deposit from Seller in the case of a termination by Buyer under (I) Section 3(b)(ii) (Seller 3 Default), (II) Section 13(a) (Casualty) or (III) Section 14 (Eminent Domain).
Notwithstanding any provision herein to the contrary, the Initial Deposit shall be paid to Seller upon any termination of this Agreement by either party; provided, however, that Buyer shall be entitled to a return of the Initial Deposit in the case of a termination by Buyer: (I) under Section 3(b)(ii) (Seller Default), or (II) prior to expiration of the “Title, Survey, ESA Period” if Buyer is not satisfied with the Hard Deposit Due Diligence Deliveries in its sole discretion.
Notwithstanding any provision herein to the contrary, Buyer hereby acknowledges and agrees that the Hard Deposit shall be a “hard” deposit that is non-refundable to Buyer except as expressly set forth in this Section 3(e); provided, however, that Buyer shall be entitled to a return by Seller of the Hard Deposit in the case of a termination by Buyer under Section 3(b)(ii) (Seller Default).
In the event Seller is unable or unwilling to eliminate any one or more of the Title Objections, Seller shall so notify Purchaser in writing within three (3) days of the Title Notice Date (the “Title Response Date”), and Purchaser may, as its sole and exclusive remedy, by delivering written notice thereof within three (3) days of the Title Response Date to Seller, terminate the Agreement and receive a refund of the entire Deposit, including the Hard Deposit pursuant to Section 2.2.1 hereof.
If the damage or taking is material (as defined below), Purchaser may elect to terminate this Agreement by delivering a written notice thereof to Seller at any time prior to the date that is ten (10) business days after Purchaser’s receipt of a Seller’s Notice, time being of the essence and receive a refund of the entire Deposit, including the Hard Deposit pursuant to Section 2.2.1 hereof.