Election Not to Terminate. In the event Buyer desires not to terminate this Agreement and the Escrow, on or before 11:00 p.m. Eastern Time on the date of expiration of the Investigation Period, Buyer shall deliver written notice to Seller of Buyer's election not to terminate this Agreement and the Escrow ("
Election Not to Terminate. In the event Buyer desires not to terminate this Agreement and the Escrow, Buyer shall deliver written notice to Seller of Buyer’s election not to terminate this Agreement (“Buyer’s Election Not to Terminate”): (a) on or before 11:59 p.m. on the date of expiration of the Investigation Period; or (b) if Buyer shall have delivered to Seller one or more Objection Notices prior to the expiration of the Investigation Period and Seller timely elects (pursuant to Seller’s Cure Election Notice), not to cure one or more of such Objection Matters, then Buyer may elect not to terminate this Agreement by delivering to Seller Buyer’s Election Not to Terminate on or before 11:59 p.m. on the date that is five (5) Calendar Days after the expiration of the Cure Election Deadline; (c) if Buyer shall have delivered to Seller one or more Objection Notices prior to the expiration of the Investigation Period and Seller timely elects to cure all of such Objection Matters, if Seller fails to cure to the satisfaction of Buyer such Objection Matters on or before the Cure Deadline, then Buyer may elect not to terminate this Agreement by giving to Seller Buyer’s Election Not to Terminate on or before 11:59 p.m. on the date that is five (5) Calendar Days after the expiration of the Cure Deadline. Buyer’s Election Not to Terminate pursuant to Section 4.3(c) hereof shall be subject to Seller’s obligation to cure those Objection Matters which Seller has elected to cure, if any, pursuant to Section 4.1(e) hereof and shall also be subject to the timely performance and satisfaction by Seller of all of the covenants, agreements and obligations of Seller pursuant to this Agreement. If Seller fails to timely cure an Objection Matter that Seller has elected to cure (or is deemed to have elected to cure) on or before the Cure Deadline, then Seller shall be in default under this Agreement and Buyer shall have the rights afforded to Buyer pursuant to Section 4.1(e)(iii) hereof. In the event Buyer fails to timely deliver to Seller Buyer’s Election Not to Terminate in accordance with the provisions of this Section 4.3, such failure shall be deemed to constitute Buyer’s Election to Terminate this Agreement in accordance with the terms and conditions of Section 4.2 hereof.
Election Not to Terminate. In the event Buyer desires not to terminate this Agreement and the Escrow, on or before 5:00 p.m. PST on the date of expiration of the Investigation Period, Buyer shall deliver written notice to Seller of Buyer’s election not to terminate this Agreement (“Buyer’s Election Not to Terminate”). In the event Buyer fails to timely deliver to Seller Buyer’s Election Not to Terminate in accordance with the provisions of this Section 4.3, such failure shall be deemed to constitute Buyer’s Election to Terminate this Agreement in accordance with the terms and conditions of Section 4.2 hereof. In the event of Buyer’s delivery to Seller of Buyer’s Election Not to Terminate pursuant to this Section 4.3, Buyer shall be obligated to deliver the Second Deposit to Escrow Holder on or before 5:00 p.m. PST one (1) Business Day after the expiration of the Investigation Period, in accordance with Section 2.2(b) hereof. In the event Buyer fails to timely deliver the Second Deposit to Escrow Holder, such failure shall be deemed to constitute Buyer’s Election to Terminate this Agreement and the Escrow pursuant to Section 4.2 hereof.
Election Not to Terminate. If Tenant elects not to terminate this Lease, Tenant shall remain in that portion of the Premises which has not been appropriated or taken, and this Lease shall continue in full force and effect except that Tenant’s rent shall be abated in proportion to the portion of the Premises that has been taken.
Election Not to Terminate. If City elects not to so terminate this Agreement, City shall remain in that portion of the Premises which shall not have been appropriated or taken as herein provided, and Landlord agrees, at Landlord’s cost and expense, to, as soon as reasonably possible, restore the remaining portion of the Premises to a complete unit of like quality and character as existed prior to such appropriation or taking. Thereafter, all Rent and payment obligations of City shall be adjusted on an equitable basis, taking into account the relative value of the portion taken as compared to the portion remaining. For the purpose of this Article 21.2, a voluntary sale or conveyance in lieu of condemnation, but under threat of condemnation by a condemning authority other than Landlord shall be deemed an appropriation or taking under the power of eminent domain.
Election Not to Terminate. If, however, Buyer does not elect to terminate this Agreement as a result of a casualty or Taking, then the Seller will assign to the Buyer all of the Seller’s rights to (i) any casualty insurance insuring the Property against loss by fire, flood and any other hazards, casualties and contingencies any (ii) any award from any governmental authority or other Person with respect to or by reason of the Taking. The forgoing assignment shall include without limitation all proceeds of any insurance recovery or Takings award already received as a result of the casualty or Taking, and such proceeds shall be delivered to the Buyer at the Closing or, if not received by the time of Closing, then after the Closing immediately upon receipt by Seller.
Election Not to Terminate. Subject to Section 5.5, if Buyer shall consummate the Closing despite an event, condition or state of facts which would have permitted Buyer to terminate this Agreement under Section 8.1, such consummation shall not constitute a waiver of any rights Buyer has against Seller or any other Person arising out of such event, condition or state of facts.
Election Not to Terminate. If, in the event of such destruction or damage ------------------------- during the last three (3) years of the term hereof, Lessee does not elect to terminate this lease, so long as Lessee is not in default hereunder, the proceeds of all insurance covering such damage or destruction shall be made available to Lessee for such repair or replacement, and Lessee shall be obligated to repair or rebuild the building as above provided. SECTION FIFTEEN UTILITIES Lessee shall fully and promptly pay for all water, light, power, telephone service, and other utilities of every kind applicable to the Demised Premises throughout the term hereof, and all other costs and expenses of every kind whatsoever of or in connection with the use, operation, and maintenance of the Demised Premises and all activities conducted thereon, and Lessor shall have no responsibility of any kind for any thereof. In the event that Lessor provides to Lessee any utilities necessary or useful in connection with the use and occupancy of the Demised Premises, then Lessee shall, within ten (10) days of receipt of a xxxx therefor, pay to Lessor the amount due; provided, however, that Lessor, at no expense to the Lessee, shall ensure that connections to the Market Square East sewer system and public electrical distribution system are available at or near the property line of the Demised Premises. Failure of Lessee to pay said bills within the time period set forth herein shall be a default under Sections Twenty Four and Twenty Five hereof. Lessee shall obtain for itself from Lessors approved contractors and shall pay all charges for utilities, including but not limited to, gas, fuel, telephone, water, electricity, sewage treatment and other like utilities used or consumed upon the Demised Premises. Lessee expressly agrees that, in order to coordinate with Lessors need for standardized, consistent, adequately recorded and well coordinated maintenance of its property, any and all electrical improvements, installations and repairs to the Demised Premises undertaken by Lessee shall be performed by such electrical contractor as the Lessor may from time to time approve in its sole discretion, and any and all conditioning installations and repairs shall be performed by such air conditioning contractor as the Lessor may from time to time approve in its sole discretion. Lessor further reserves the right to approve the installation and repair contractor for all telephone service to the Demised Premises. All s...
Election Not to Terminate. If, in the event of destruction or damage during the last two (2) years of the term of this lease agreement, Tenant does not elect to terminate this Agreement, the proceeds of all insurance covering the damage or destruction shall be made available to Tenant for repair or replacement, and Tenant shall be obligated to repair or rebuild the building as provided above.
Election Not to Terminate
