Common use of ACCEPTANCE OF EXCEPTIONS Clause in Contracts

ACCEPTANCE OF EXCEPTIONS. Neither Seller nor Buyer shall be required to close, and the Deposit and all interest thereon shall be returned to Buyer, if any exception or item disapproved by Buyer as herein provided cannot be removed by the date of closing; provided, however, that Buyer may elect to waive any disapproved exceptions or items and close on the remaining terms. Notwithstanding the foregoing, Seller shall remove any defect or encumbrance attaching by, through or under Seller after the Effective Date of this Agreement. Exceptions to be discharged by Seller may be paid out of the purchase price at closing.

Appears in 4 contracts

Samples: Real Estate Purchase and Sale Agreement (Eagle Hardware & Garden Inc/Wa/), Real Estate Purchase and Sale Agreement (Eagle Hardware & Garden Inc/Wa/), Real Estate Purchase and Sale Agreement (Eagle Hardware & Garden Inc/Wa/)

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ACCEPTANCE OF EXCEPTIONS. Neither Seller nor Buyer shall be required to close, and the Deposit and all interest thereon shall be returned to Buyer, if any exception or item disapproved by Buyer as herein provided cannot be removed by the date of closing; provided, however, that Buyer may elect to waive in writing any disapproved exceptions or items and close on the remaining terms. Notwithstanding the foregoing, Seller shall remove any defect or encumbrance attaching by, through or under Seller after the Effective Date of this Agreement. Exceptions to be discharged by Seller may be paid out of the purchase price at closing.

Appears in 2 contracts

Samples: Real Estate Purchase and Sale Agreement (Eagle Hardware & Garden Inc/Wa/), Real Estate Purchase and Sale Agreement (Eagle Hardware & Garden Inc/Wa/)

ACCEPTANCE OF EXCEPTIONS. Neither Seller nor Buyer shall be required to close, and the Deposit and all interest thereon shall be returned to Buyer, if any exception or item disapproved by Buyer as herein provided cannot be removed by the date of closing; provided, however, that Buyer may elect to waive any disapproved exceptions or items and close on the remaining terms. Notwithstanding the foregoing, Seller shall may remove any defect or encumbrance attaching by, through or under Seller after the Effective Date of this AgreementAgreement or may terminate the Agreement as provided in Section 3.3. Exceptions to be discharged by Seller may be paid out of the purchase price at closing.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Eagle Hardware & Garden Inc/Wa/)

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ACCEPTANCE OF EXCEPTIONS. Neither Seller nor Buyer shall be required to close, and the Deposit and all interest thereon shall be returned to Buyer, if any exception or item disapproved by Buyer as herein provided cannot be removed by the date of closing; provided, however, that Buyer may elect to waive any disapproved exceptions or items and close on the remaining terms. Notwithstanding the foregoing, Seller shall remove any defect or encumbrance attaching by, through or under Seller after the Effective Date of this Agreement. Exceptions to be discharged by Seller may be paid out of the purchase price at closing. If, at any time, Seller gives written notice to Buyer that it cannot or will not remove any title condition to which Buyer has given notice of objection, Buyer shall have ten (10) days either to terminate this Agreement or waive its objection.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Eagle Hardware & Garden Inc/Wa/)

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