Common use of Defective Title or Condition Clause in Contracts

Defective Title or Condition. If the Transferor Partners are unable to give title or to contribute and transfer the Transferor Partnership Interests, or to deliver possession of the Property, or to satisfy all of the terms and conditions precedent to closing as set forth in this Agreement, all as herein stipulated, or if on the scheduled closing the Transferor Partnership Interests or the Property does not conform with the provisions hereof, the BRI Partnership may elect by written notice given to the Transferor Agent on or before the Closing Date either (a) to take title as provided in Section 13.02, or (b) to terminate this Agreement as provided in Section 13.03.

Appears in 17 contracts

Samples: Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De)

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Defective Title or Condition. If the Transferor Partners Members are unable to give title or to contribute and transfer the Transferor Partnership Membership Interests, or to deliver possession of the Property, or to satisfy all of the terms and conditions precedent to closing as set forth in this Agreement, all as herein stipulated, or if on the scheduled closing the Transferor Partnership Membership Interests or the Property does not conform with the provisions hereof, the BRI Partnership may elect by written notice given to the Transferor Agent Members on or before the Closing Date either (a) to take title as provided in Section 13.02, or (b) to terminate this Agreement as provided in Section 13.03.

Appears in 4 contracts

Samples: Development Contribution Agreement (Berkshire Realty Co Inc /De), Development Contribution Agreement (Berkshire Realty Co Inc /De), Development Contribution Agreement (Berkshire Realty Co Inc /De)

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Defective Title or Condition. If the Transferor Partners are Corporation is unable to give title or to contribute and transfer the Transferor Partnership Interests, or to deliver possession of the Property, or to satisfy all of the terms and conditions precedent to closing as set forth in this Agreement, all as herein stipulated, or if on the scheduled closing the Transferor Partnership Interests or the Property does not conform with the provisions hereof, the BRI Partnership may elect by written notice given to the Transferor Agent on or before the Closing Date either (a) to take title as provided in Section 13.02, or (b) to terminate this Agreement as provided in Section 13.03.

Appears in 1 contract

Samples: Contribution Agreement (Berkshire Realty Co Inc /De)

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