Common use of By Either Party Clause in Contracts

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Sellers if the Closing Date of the transaction contemplated in Section 1.1 shall not have occurred on or before August 31, 2003, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Sellers Seller if the Closing Date of the transaction contemplated in Section SECTION 1.1 shall not have occurred on or before August December 31, 20032002, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Sellers Seller if the Closing Date of the transaction contemplated in Section SECTION 1.1 shall not have occurred on or before August 31June 30, 20032002, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Sellers Seller if the Closing Date of the transaction contemplated in Section SECTION 1.1 shall not have occurred on or before August 31June 15, 20032000, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Sellers Company if the Closing Date of the transaction contemplated in Section SECTION 1.1 shall not have occurred on or before August 31November 30, 20031999, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Sellers Seller if the Closing Date of the transaction contemplated in Section SECTION 1.1 shall not have occurred on or before August December 31, 20032001, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Sellers Seller if the Closing Date of the transaction contemplated in Section 1.1 shall not have occurred on or before August 31October 1, 2003, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer and Outback or the Sellers Partnerships and General Partners, if the Closing Date of the transaction contemplated in Section 1.1 shall not have occurred on or before August 31July 30, 2003, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.

By Either Party. This Agreement may be terminated without further liability of any party, by either Buyer or the Sellers Seller if the Closing Date of the transaction contemplated in Section 1.1 shall not have occurred on or before August 31, 2003, provided the terminating party has not, through breach of a representation, warranty or covenant, prevented such closing from occurring on or before such date.