Failure of Purchaser Closing Condition. If any Purchaser Closing Condition is not satisfied at Closing, then Purchaser shall have the right to (a) terminate this Agreement by providing written notice to Seller, in which case the Parties shall have no further rights or obligations under this Agreement, except those that expressly survive termination, or (b) waive the failure of such Purchaser Closing Condition and proceed to Closing.
Failure of Purchaser Closing Condition. Except as expressly provided in Section 9.4, if any of the Purchaser Closing Conditions is not satisfied at Closing, then Purchaser shall have the right (i) subject to Seller’s right to cure under Section 13.2, to terminate this Agreement by providing written notice to Seller, in which case the Xxxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4, and the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination, or (ii) to waive any of the Purchaser Closing Conditions at or prior to Closing.
Failure of Purchaser Closing Condition. Except as expressly provided in Section 9.4 hereof, if any Mutual Closing Condition(s) or Purchaser Closing Condition(s) is/are not satisfied at Closing, then Purchaser shall have the right to:
Failure of Purchaser Closing Condition. Except as expressly provided in Section 9.4, if any of the Purchaser Closing Conditions is not satisfied at Closing and absent a Seller Default, then Purchaser shall, as Purchaser’s sole and exclusive remedy, have the right, by providing written notice to Seller, to (i) subject to Seller’s right to cure under Section 13.2, terminate this Agreement, in which case the Xxxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4, and the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination, or (ii) waive any of the Purchaser Closing Conditions at or prior to Closing.
Failure of Purchaser Closing Condition. Except as expressly provided in Section 9.3, if any of the Purchaser Closing Conditions are not satisfied as of the Closing Date, then Purchaser shall have the right (i) subject to Seller's right to cure under Section 12.3, to terminate this Agreement and the Lafayette Purchase Agreement by providing written notice to Seller, in which case the Xxxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2(e), and the Parties shall have no further rights or obligations under this Agreement and the Lafayette Purchase Agreement, except those which expressly survive such termination, or (ii) to waive any of the Purchaser Closing Conditions at or prior to Closing.
Failure of Purchaser Closing Condition. If any one or more of the Purchaser Closing Conditions are not satisfied at Closing, then Purchaser shall have the right to (a) terminate this Agreement by providing written notice thereof to Seller, in which case the Xxxxxxx Money shall be promptly returned to Purchaser, and the parties shall have no further obligations hereunder except for the Surviving Obligations, or (b) provided all conditions precedent to Seller’s obligation to close its sale of the Property pursuant hereto have been satisfied or waived by Seller, waive any such Purchaser Closing Conditions at or prior to Closing and proceed to Closing without abatement of the amount of the Purchase Price, it being acknowledged and agreed that Purchaser’s payment of the Purchase Price at Closing shall be evidence of such waiver and upon payment of the Purchase Price all Purchaser Closing Conditions shall be deemed satisfied.
Failure of Purchaser Closing Condition. If a Purchaser Closing Condition Failure or Mutual Closing Condition Failure shall exist at the time of Closing stipulated in this Agreement (including any permitted extensions of the Closing), then Purchaser, as its sole and exclusive remedy for such Failure (but without waiving any remedies available to Purchaser under this Agreement if such Failure was the result of a default by Seller), may elect to:
Failure of Purchaser Closing Condition. Subject to the provisions of Section 12.01, if any closing condition set forth in Section 9.01 is not satisfied at Closing, then Purchaser shall have the right either (i) to terminate this Agreement by providing written notice to such effect to Seller, in which case, subject to the provisions of Section 3.01(d), the Deposit shall be refunded to Purchaser or (ii) to waive such closing condition at or prior to Closing. Notwithstanding the foregoing, if the failed closing condition is reasonably susceptible to cure by Seller, then Seller shall have the one time right to extend the Closing Date for up to thirty (30) days in order to allow such cure by giving notice to such effect to Purchaser on or before the scheduled Closing Date, which notice shall include a covenant of Seller to use all commercially reasonable diligent efforts to effect such cure.
Failure of Purchaser Closing Condition. The Purchaser Closing Conditions are for the benefit of Purchaser, and Purchaser shall have the right to waive any of the Purchaser Closing Conditions at or prior to Closing; provided, however, that any such waiver shall be made in writing executed by Purchaser. Notwithstanding the foregoing, in the event a Purchaser Closing Condition is not satisfied at or prior to Closing and Purchaser nevertheless closes the transactions described in this Agreement, then Purchaser shall be deemed to have waived such Purchaser Closing Condition.
Failure of Purchaser Closing Condition. If any of the Purchaser Closing Conditions is not satisfied at Closing because of a Seller Default, then Purchaser shall have the rights set forth in Section 12.1. If any of the Purchaser Closing Conditions is not satisfied at Closing (other than as a result of Seller Closing Condition not being satisfied or waived or as a result of a Purchaser Default), then Purchaser shall have the right (i) to terminate this Agreement by providing written notice to Seller, in which case the Exxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4, and the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination, (ii) to waive any of the Purchaser Closing Conditions at or prior to Closing or (iii) upon written notice to Seller, postpone the Closing for up to five (5) Business Days to allow additional time for applicable Purchaser Closing Condition to be satisfied.
