Common use of Actions to Satisfy Closing Conditions Clause in Contracts

Actions to Satisfy Closing Conditions. If any of the foregoing conditions in this Article 4 has not been fulfilled by May 30, 2009, HudBay may terminate this Agreement by notice in writing to the Company, in which event HudBay is released from all obligations under this Agreement, and unless HudBay can show that the condition relied upon could reasonably have been performed by the Company, the Company is also released from all obligations under this Agreement. However, HudBay may waive compliance with any condition in whole or in part if it sees fit to do so, without prejudice to its rights of termination in the event of non-fulfilment of any other condition, in whole or in part, or to its rights to recover damages for the breach of any representation, warranty, covenant or condition contained in this Agreement.

Actions to Satisfy Closing Conditions. If any of the foregoing conditions in this Article 4 5 has not been fulfilled by May 30, 2009, HudBay the Company may terminate this Agreement by notice in writing to the CompanyHudBay, in which event HudBay the Company is released from all obligations under this Agreement, and unless HudBay the Company can show that the condition relied upon could reasonably have been performed by the CompanyHudBay, the Company HudBay is also released from all obligations under this Agreement. However, HudBay the Company may waive compliance with any condition in whole or in part if it sees fit to do so, without prejudice to its rights of termination in the event of non-fulfilment of any other condition, in whole or in part, or to its rights to recover damages for the breach of any representation, warranty, covenant or condition contained in this Agreement.