Buyer’s Termination. The Buyer shall have the right to terminate this Contract forthwith upon giving notice in the event that:
Buyer’s Termination. Notwithstanding the above, if Buyer can provide reasonable evidence that the Property is subject to Material Adverse Environmental Conditions or Material Defects that, when totaled together would, or could reasonably be expected to, (i) cost more than ten percent (10%) of the Purchase Price to remedy or cure the condition or defect, or (ii) result in Losses in excess of ten percent (10%) of the Purchase Price, Buyer, in its sole discretion, may terminate this Agreement.
Buyer’s Termination. Buyer may terminate this Agreement if:
Buyer’s Termination. Provided Buyer is not then in material breach of this Agreement, Buyer shall have the option to terminate this Agreement if Seller is in material breach of its obligations under this Agreement as of the Closing Date. Notwithstanding anything to the contrary contained herein, except for Seller's obligation to deliver the documents necessary to close the Escrow for the Property, as provided in Section 7.2 above, which shall be performed as required pursuant thereto, Seller shall not be in default under this Agreement prior to the Closing Date unless Seller’s failure to perform its obligations hereunder remains uncured for a period of thirty (30) days after Seller's receipt of written notice from Buyer of such default (except that in the event Seller commences to cure such default within such thirty (30) day period and diligently proceeds to cure such default thereafter, Seller shall not be in default hereunder so long as Seller is proceeding diligently to effect such cure and such cure is effected within ninety (90) days of the notice of default). In the event of Seller's default prior to the Closing Date, after the expiration of any notice and cure period specified above, Buyer’s sole and exclusive remedy, at law or in equity, shall be either: (a) terminate this Agreement by giving written notice of termination to Seller whereupon the Title Company will return the Deposit to Buyer, Seller shall reimburse Buyer for the reasonable documented costs of its Due Diligence Investigation, and attorneys’ fees incurred in the transaction, and both Buyer and Seller will be relieved of any further obligations or liabilities hereunder, except for any indemnity and confidentiality obligations set forth herein or (b) in the alternative, xxx Seller for specific performance of Seller's obligations under this Agreement; provided, however, that in the event Buyer elects to xxx Seller for specific performance of Seller's obligations under this Agreement, such action shall be commenced within sixty (60) days following the expiration of the cure period specified above without Seller having effected such cure and, in the event such action for specific performance is not commenced within such sixty (60) day period, Buyer shall be deemed to have waived any and all rights it may have to xxx Seller for specific performance of Seller's obligations under this Agreement. Notwithstanding the foregoing, nothing contained in this Section will affect Buyer’s rights to recover attorneys’ fee...
Buyer’s Termination. If Buyer elects to terminate this Agreement in accordance with Sections 3.1.4 or 3.2, Buyer shall deliver the Termination Notice to Seller and Escrow Holder on or before the Decision Date. If Buyer elects to terminate this Agreement in accordance with Sections 4.4 or 4.5, then on or before the dates specified therein, Buyer shall deliver a Termination Notice to Seller and Escrow Holder that Buyer elects to terminate this Agreement pursuant to said Sections. Buyer's failure to timely deliver such termination notice pursuant to said Sections of this Agreement shall constitute Buyer's waiver of Buyer's right to terminate this Agreement pursuant to said Sections. If Buyer timely elects to terminate this Agreement pursuant to Sections 3.1.4, 3.2, 4.4 or 4.5, Escrow Holder shall deliver the Deposit to Buyer, less fifty percent (50%) of any Escrow termination fee, and Escrow Holder shall return to the depositor thereof any other materials previously placed in Escrow and remaining in Escrow; and neither party shall thereafter have any further rights or obligations under this Agreement unless expressly provided otherwise herein.
Buyer’s Termination. If Seller is unable to convey title to the Property, Buyer may, at Buyer's option, terminate this Contract by written notice forwarded to Seller prior to the Closing Date or delivered to Seller on the Closing Date or earlier date as specified in this Contract for such notice of termination. If Buyer elects to terminate this Contract pursuant to a right to do so expressly given to Buyer in this Contract, the Xxxxxxx Money Deposit shall be promptly refunded to Buyer on written instruction to the Title Company signed only by Buyer, and neither party shall have any further obligation or liability to the other party hereunder. If the Xxxxxxx Money Deposit is to be returned to Buyer in accordance with this Contract, Seller shall promptly, on written request from Buyer, execute and deliver such documents as may be required to cause the Title Company to return the Xxxxxxx Money Deposit to Buyer.
Buyer’s Termination. If Buyer elects to terminate this Agreement in accordance with Sections 3.2, 3.3 or 4.5, then, on or before the Decision Date or later date with respect to 4.5, Buyer shall give Seller and Escrow Holder written notice that Buyer elects to terminate this Agreement. Buyer's failure to provide such notice by the specified deadline shall constitute Buyer's waiver of Buyer's right to terminate this Agreement for reasons for which that deadline applied and a waiver of any condition to Closing relating to such deadline, but not as to the reasons for which a later deadline applies. In the event Buyer elects to terminate this Agreement pursuant to this Section 3.5, Escrow Holder shall return to the depositor thereof any funds and interest thereon accrued while in Escrow and materials previously placed in Escrow and remaining in Escrow; Seller shall return to Buyer any of the Deposit and interest earned thereon while in Escrow to the extent that such sums were released to Seller; Buyer shall pay all title and escrow charges; and neither party shall thereafter have any further rights or obligations under this Agreement unless expressly provided otherwise herein.
Buyer’s Termination. This Agreement shall automatically terminate without further notice or action by Buyer upon the occurrence of any of the following events, provided that Buyer is not then in material breach of this Agreement: (a) any condition to Closing contained in Section 4.1 has not been satisfied or waived by Buyer in writing by the Closing Date; or (b) Buyer having exercised its right to terminate this Agreement pursuant to Section 3.4 (disapproval of Due Diligence Investigation), Section 3.5 (disapproval of title), Section 3.6 (financing), or Article 10 (damage or condemnation).
Buyer’s Termination. If Buyer elects to terminate this Agreement in accordance with Sections 3.1.4, 3.1.5, 3.2, 4.5 or 4.6, then, on or before the Decision Date with respect to a termination pursuant to Sections 3.1.4 or 3.2., or on or before any applicable later date in connection with a termination pursuant to Sections 3.1.5, 4.5 or 4.6, Buyer shall give Seller and Escrow Holder written notice that Buyer elects to terminate this Agreement. Buyer's failure to timely provide such termination notice pursuant to said Sections shall constitute Buyer's waiver of Buyer's right to terminate this Agreement pursuant to said Sections. In the event Buyer timely elects to terminate this Agreement pursuant to this Section 3.3, Escrow Holder (or Seller, if the Deposit has previously been delivered to Seller) shall deliver the Deposit to Buyer and shall return to the depositor thereof any other materials previously placed in Escrow and remaining in Escrow; Buyer shall deliver to Seller all information, materials and data that Buyer and/or Buyer's Agents discover, obtain or generate in connection with or resulting from Buyer's investigation of the Property (including, without limitation, pursuant to Section 3.5); and neither party shall thereafter have any further rights or obligations under this Agreement unless expressly provided otherwise herein.
Buyer’s Termination. (a) THIS AGREEMENT MAY BE TERMINATED BY THE BUYER IF (I) ANY OF THE CONDITIONS PRECEDENT TO THE BUYER’S OBLIGATIONS SET FORTH IN SECTION 5.2 HEREOF OR OTHERWISE IN THIS AGREEMENT HAVE NOT BEEN SATISFIED OR WAIVED BY THE BUYER ON OR PRIOR TO THE CLOSING DATE OR (II) THERE IS A MATERIAL BREACH OR DEFAULT BY THE SELLER IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT.
