Common use of Approval of Inspections Clause in Contracts

Approval of Inspections. If Purchaser determines at any time prior to the expiration of the Inspection Period that the Property is not satisfactory to Purchaser, then Purchaser may deliver written notice to Seller within such Inspection Period, given in accordance with the provisions of Section 13.1 hereof, in which event the Title Company shall return the Xxxxxxx Money Deposit to Purchaser and neither party shall have any further rights, liabilities or obligations hereunder, except for provisions of this Contract which by their terms expressly survive the termination of this Contract. If Purchaser does not timely deliver written notice of termination within such Inspection Period, the conditions of this Section 5.2 shall be deemed satisfied, and Purchaser shall be deemed to have approved the condition of the Property and may not thereafter terminate this Contract pursuant to this Section 5.2. Prior to the end of the Inspection Period, Purchaser shall deliver written notice (the "Service Contract Termination Notice") to Seller of any Service Contracts which Purchaser does not wish to assume; provided, that Purchaser shall be required to assume any Service Contracts which are not terminable by notice within the time between Seller's receipt of such Service Contract Termination Notice and the Closing Date (hereinafter defined). Any Service Contracts which Purchaser does not specify be terminated in the Service Contract Termination Notice delivered prior to the end of the Inspection Period, and any Service Contracts specified in the Service Contract Termination Notice which cannot be terminated without penalty prior to the Closing Date, shall be deemed approved by Purchaser and shall be assumed by Purchaser at Closing. Prior to the end of the Inspection Period, Purchaser shall deliver written notice (the "Commission Agreement Termination Notice") to Seller of any Commission Agreements which Purchaser does not wish to assume; provided, that Purchaser shall be required to assume any Commission Agreements which are not terminable by notice within the time between Seller's receipt of such Commission Agreement Termination Notice and the Closing Date. Any Commission Agreements which Purchaser does not specify be terminated in the Commission Agreement Termination Notice delivered prior to the end of the Inspection Period, and any Commission Agreements specified in the Commission Agreement Termination Notice which either cannot be terminated or cannot be terminated without penalty prior to the Closing Date shall be deemed approved by Purchaser and shall be assumed by Purchaser at Closing.

Appears in 14 contracts

Samples: Contract of Sale (Beacon Capital Partners Inc), Contract of Sale (Beacon Capital Partners Inc), Contract of Sale (Beacon Capital Partners Inc)

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Approval of Inspections. If Purchaser determines at any time prior to the expiration of the Inspection Period Period, that the Property is not satisfactory to Purchaser in Purchaser's sole opinion and within Purchaser's sole discretion, then Purchaser may deliver written notice of termination to Seller within such Inspection Period, given in accordance with the provisions of Section 13.1 hereof, in which event the Title Company shall return the Xxxxxxx Earnest Money Deposit to Purchaser and neither party shall have any further anx xxxxxer rights, liabilities or obligations hereunder, except for provisions of this Contract which by their terms expressly survive the termination of this Contract. If Purchaser does not timely deliver written notice of termination within such Inspection Period, the conditions of this Section 5.2 shall be deemed satisfied, and Purchaser shall be deemed to have approved the condition of the Property and may not thereafter terminate this Contract pursuant to this Section 5.2. Prior to the end of the Inspection Period, Purchaser shall deliver written notice (the "Service Contract Termination Notice") to Seller of any Service Contracts which Purchaser does not wish to assume; provided, that Purchaser shall be required to assume any Service Contracts which are not terminable by notice within the time between Seller's receipt of such Service Contract Termination Notice and the Closing Date (hereinafter defined)Date. Any Service Contracts which Purchaser does not specify be terminated in the Service Contract Termination Notice delivered prior to the end of the Inspection Period, and any Service Contracts specified in the Service Contract Termination Notice which cannot be terminated without penalty prior to the Closing Date, shall be deemed approved by Purchaser and shall be assumed by Purchaser at Closing. Prior to the end of the Inspection Period, Purchaser shall deliver written notice (the "Commission Agreement Termination Notice") to Seller of any Commission Agreements which Purchaser does not wish to assume; provided, that Purchaser shall be required to assume any Commission Agreements which are not terminable by notice within the time between Seller's receipt of such Commission Agreement Termination Notice and the Closing Date. Any Commission Agreements which Purchaser does not specify be terminated in the Commission Agreement Termination Notice delivered prior to the end of the Inspection Period, and any Commission Agreements specified in the Commission Agreement Termination Notice which either cannot be terminated or cannot be terminated without penalty prior to the Closing Date shall be deemed approved by Purchaser and shall be assumed by Purchaser at Closing.

Appears in 1 contract

Samples: Contract of Sale (Angeles Income Properties LTD 6)

Approval of Inspections. If Purchaser determines at any time prior to the expiration of the Inspection Period Period, that the Property is not satisfactory to Purchaser in Purchaser's sole opinion and within Purchaser's sole discretion, then Purchaser may deliver written notice of termination to Seller within such Inspection Period, given in accordance with the provisions of Section 13.1 hereof, in which event the Title Company shall return the Xxxxxxx Earnest Money Deposit to Purchaser and neither party shall have any further havx xxx xurther rights, liabilities or obligations hereunder, except for provisions of this Contract which by their terms expressly survive the termination of this Contract. If Purchaser does not timely deliver written notice of termination within such Inspection Period, the conditions of this Section 5.2 shall be deemed satisfied, and Purchaser shall be deemed to have approved the condition of the Property and may not thereafter terminate this Contract pursuant to this Section 5.2. Prior to the end of the Inspection Period, Purchaser shall deliver written notice (the "Service Contract Termination Notice") to Seller of any Service Contracts which Purchaser does not wish to assume; provided, that Purchaser shall be required to assume any Service Contracts which are not terminable by notice within the time between Seller's receipt of such Service Contract Termination Notice and the Closing Date (hereinafter defined)Date. Any Service Contracts which Purchaser does not specify be terminated in the Service Contract Termination Notice delivered prior to the end of the Inspection Period, and any Service Contracts specified in the Service Contract Termination Notice which cannot be terminated without penalty prior to the Closing Date, shall be deemed approved by Purchaser and shall be assumed by Purchaser at Closing. Prior to the end of the Inspection Period, Purchaser shall deliver written notice (the "Commission Agreement Termination Notice") to Seller of any Commission Agreements which Purchaser does not wish to assume; provided, that Purchaser shall be required to assume any Commission Agreements which are not terminable by notice within the time between Seller's receipt of such Commission Agreement Termination Notice and the Closing Date. Any Commission Agreements which Purchaser does not specify be terminated in the Commission Agreement Termination Notice delivered prior to the end of the Inspection Period, and any Commission Agreements specified in the Commission Agreement Termination Notice which either cannot be terminated or cannot be terminated without penalty prior to the Closing Date shall be deemed approved by Purchaser and shall be assumed by Purchaser at Closing.

Appears in 1 contract

Samples: Contract of Sale (Angeles Park Communities LTD)

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Approval of Inspections. If Purchaser determines determines, in its sole and absolute discretion, at any time prior to the expiration of the Inspection Period Period, that the Property (including the Tenant Leases) is not satisfactory to Purchaser, then Purchaser may deliver written notice to Seller deliver, within such Inspection Period, written notice to Seller and the Title Company that the Property is acceptable to Purchaser, such notice to be given in accordance with the provisions of Section 13.1 hereof, in which event this Contract shall continue in full force and effect. If Purchaser does not timely deliver written notice of acceptance within such Inspection Period, Purchaser shall be deemed to have disapproved the condition of the Property, thereby terminating this Contract pursuant to this Section 5.2, in which event the Title Company shall return the Xxxxxxx Money Deposit to Purchaser and neither party shall have any further rights, liabilities or obligations hereunder, except for provisions of this Contract which by their terms expressly survive the termination of this Contract. If Purchaser does not timely deliver written notice of termination within such Inspection Period, the conditions of this Section 5.2 shall be deemed satisfied, and Purchaser shall be deemed to have approved the condition of the Property and may not thereafter terminate this Contract pursuant to this Section 5.2as aforesaid. Prior to the end of the Inspection Period, Purchaser shall deliver written notice (the "Service Contract Termination Notice") to Seller of any Service Contracts which Purchaser does not wish to assume; provided, that Purchaser shall be required to assume any Service Contracts (other than Service Contracts with entities, controlling, controlled by, or under common control with Seller) which are not terminable by notice within the time between Seller's receipt of such Service Contract Termination Notice and the Closing Date (hereinafter defined). Any Service Contracts which Purchaser does not specify be terminated in the Service Contract Termination Notice delivered prior to the end of the Inspection Period, and any Service Contracts (other than Service Contracts with entities controlling, controlled by or under common control with Seller) specified in the Service Contract Termination Notice which cannot be terminated without penalty prior to the Closing Date, shall be deemed approved by Purchaser and shall be assumed by Purchaser at Closing. Prior to the end of the Inspection Period, Purchaser shall deliver written notice (the "Commission Agreement Termination Notice") to Seller of any Commission Agreements which Purchaser does not wish to assume; provided, however, that if Purchaser shall be required to assume any Commission Agreements which are not terminable by notice within requests in the time between Seller's receipt of such Commission Agreement Service Contract Termination Notice and the Closing Date. Any Commission Agreements termination of any Service Contracts which Purchaser does not specify be terminated in the Commission Agreement Termination Notice delivered prior to the end of the Inspection Period, and any Commission Agreements specified in the Commission Agreement Termination Notice which either cannot be terminated or cannot be terminated without penalty prior to the Closing Date Date, then Seller shall be deemed approved by deliver notice of termination, subject to any requirement of notice under such Service Contracts, promptly after its receipt of the Service Contract Termination Notice and Purchaser and shall be assumed by Purchaser assume such Service Contracts, subject to such notice of termination, at Closing.

Appears in 1 contract

Samples: Contract of Sale (Angeles Partners Xii)

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