Buyer’s Options. The Buyer reserves the right, acting reasonably, to change specifications and delivery dates. Any difference in price required by such changes shall be equitably adjusted and the Contract shall be modified in writing accordingly.
Buyer’s Options. Buyer has the right to inspect the Goods and/or Services on or after the date delivered and/or performed and if any of the Goods and/or Services fail to conform to their specifications, the foregoing warranties or the PO requirements, Buyer may reject all or any part of such Goods and/or Services. In addition to the remedies specified in Section 10, if Buyer rejects any Goods or Services as provided herein, at Buyer’s option, Buyer may cancel the PO for such rejected Goods or Services, obtain a refund from Supplier, or require Supplier to repair or replace such Goods or re -perform such Services without charge and in a timely manner. Any Goods so rejected will be returned to Supplier at Supplier's sole risk and expense. Supplier shall be liable for and shall reimburse Buyer for any cost, loss or liability incurred by Buyer as a result of such rejection. Buyer has the right to inspect repaired/replacement Goods and/or audit re- performed Services as set out in this section. If the Goods and/or Services are subject to inspection or acceptance by Buyer' s customer, under agreements between Buyer and its customer or otherwise, acceptance by Buy er shall be contingent upon such inspection or acceptance by Buyer's customer. Buyer’s payment to Supplier for Goods and/or Services prior to Buyer’s timely rejection of such Goods and/or Services as non -conforming will not be deemed as acceptance by Buyer. Acceptance of Goods and/or Services does not waive any warranty rights provided in the PO for the Goods and/or Services.
Buyer’s Options. The risk of any loss, damage or destruction to any of the Acquired Assets to be transferred to the Buyer hereunder from fire or other casualty or loss shall be borne by the Sellers at all times prior to the Closing. Upon the occurrence of any material loss or damage to any of the Acquired Assets to be transferred hereunder as a result of fire, casualty, or other causes prior to the Closing, the Sellers shall notify the Buyer of same in writing immediately, stating with particularity the reasonable estimates of the loss or damage incurred, the cause of damage, if known, and the extent to which restoration, replacement and repair of the Acquired Assets lost or destroyed is believed reimbursable under any insurance policy with respect thereto. Provided the Sellers, at their sole expense, have not repaired, restored or replaced the damaged Acquired Assets to Buyer's reasonable satisfaction by the Closing, and if the Buyer is not then in default of this Agreement, Buyer shall have the option (but not the obligation) exercisable at the Closing to:
Buyer’s Options. If any Disapproved Title Matters (including the Monetary Liens) have not been removed at least five days prior to Closing or provision for their removal at the Closing has not been made to Buyer's satisfaction, Buyer may, at its option: (i) close the purchase of the Property and take title subject to the Disapproved Title Matters which have not been removed; or (ii) terminate this Agreement in accordance with Section 9.7.1.
Buyer’s Options. Unless Buyer and the seller agree otherwise, real estate is sold in its present condition. It is Buyer’s responsibility to satisfy him- self or herself that the condition of the property is satisfactory. Buyer may request that the property be inspected, at Buyer’s expense, by qualified professionals to determine the condition of the structure or its components. Areas of concern may include, but are not limited to, the following: electrical; plumbing, heating, ventilating, air conditioning; appliances and fixtures; water infiltration, basement; roof leakage; boundaries; asbestos, urea formaldehyde foam insulation, carbon monoxide, radon, and environmental hazards or substances; wood-destroying insect infestation; on-site water service and/or sewage system; and lead- based paint. Buyer’s request for any inspection should be made to Broker before entering into an Agreement of Sale or lease. Buyer is advised that information regarding properties considered for purchase by Buyer has been provided by the seller or seller’s broker. Such information may include, but is not limited to, the information on the Seller’s Property Disclosure Statement, including environmental conditions; MLS information, including information regarding restrictions, taxes, assess- ments, association fees, zoning restrictions, dimensions, boundaries (if identified); and marketing information. Unless otherwise noted, Broker has not verified the accuracy of this information, and Buyer is advised to investigate its accuracy. FEES
Buyer’s Options. For each year after 1997, Buyer shall have the option to purchase from Seller up to an additional 350,000 tons of coal as follows. Buyer shall exercise such option CONTRACT #00-000-000 by giving to Seller notice stating Buyer's exercise of the option and specifying the amount of the tonnage by October 1 of the preceding year. Coal sold by Seller and purchased by Buyer under Buyer's option set forth in this SECTION 3.3 shall be subject to all the terms and conditions of this Agreement.
Buyer’s Options. Buyer, at its sole option, may (a) engage Xxxxxx Construction to develop the Potential Sites, and (b) elect to perform, and incur the costs of, certain pre-opening activities in connection with the Additional Restaurant.
Buyer’s Options. If any Disapproved Title Matters which Seller has agreed to remove or cure (including the Monetary Liens) have not been removed at least 5 days prior to Closing or provision for their removal at the Closing has not been made to Buyer’s satisfaction, Buyer may, at its option: (i) close the purchase of the Property and take title subject to the Disapproved Title Matters which have not been removed; (ii) close the purchase of the Property and cure or remove such Disapproved Title Matters which have not been removed. Buyer may credit the costs of such cure or removal against the Purchase Price by reducing the amount of cash payable by Buyer at the Closing, but only to the extent such costs are expended to remove (A) Monetary Liens referred to in Section 3.5.1 or (B) Disapproved Title Matters which Seller agreed to remove; or (iii) terminate this Agreement in accordance with Section 9.6.1.
Buyer’s Options. The risk of any loss, damage or destruction to any of the Assets to be transferred to the Buyer hereunder from fire or other casualty or loss shall be borne by the Seller at all times prior to the Closing. Except for loss or damage affecting the broadcast transmission capabilities of the station, which is covered by the terms of Section 7.2 below, upon the occurrence of any material loss or damage to any of the Assets to be transferred hereunder as a result of fire, casualty, or other causes prior to the closing, Seller shall notify the Buyer of same in writing immediately, stating with particularity the reasonable estimates of the loss or damage incurred, the cause of damage, if known, and the extent to which restoration, replacement and repair of the Assets lost or destroyed is believed reimbursable under any insurance policy with respect thereto. Provided Seller has not repaired, restored or replaced the damaged Assets by the Closing, CBC and Buyer shall have the option (but not the obligation) exercisable at the Closing to:
Buyer’s Options. In the event all conditions above are met and it is determined that a debilitating congenital or genetic defect is present, the buyer has the following options:
