Common use of CONTINGENCY AND BREACH Clause in Contracts

CONTINGENCY AND BREACH. Seller may, upon thirty (30) days written notice, terminate this Agreement at any time prior to execution of the deed of Easement. In the event that Seller breaches or otherwise terminates this Agreement, ODA shall be entitled to payment or reimbursement by Seller of all ODA’s costs expended under this Agreement, including but not limited to any title search or other title costs, surveys, or any other cost or expense incurred as related to this Agreement. ODA’s obligation to purchase the Property is contingent upon the Seller’s performance of all its obligations under this Agreement, that the Property is suitable for ODA’s intended use, and all of Seller’s representations and warranties being true and correct as of the date of the Closing. Breach for the purposes of this Agreement shall specifically include but is not limited to any violation of any representations or warranties herein or any other material provision of this Agreement. No term or provision of this Agreement shall be deemed waived and no breach excused unless the waiver of consent is in writing and signed by both parties to this Agreement.