Common use of Failure or Waiver of Conditions Precedent Clause in Contracts

Failure or Waiver of Conditions Precedent. In the event any of the conditions set forth in Sections 4.1 or 4.2 are not fulfilled or waived, the party benefited by such conditions may, by written notice to the other party, terminate this Contract, whereupon all rights and obligations hereunder of each party shall terminate except those that expressly survive any termination. Either party may, at its election, at any time or times on or before the date specified for the satisfaction of the condition, waive in writing the benefit of any of the conditions set forth in Sections 4.1 and 4.2 above. In the event this Contract is terminated as a result of any condition set forth in Section 4.1, Purchaser, as its sole and exclusive remedy, shall be entitled to a refund of the Xxxxxxx Money, less the applicable Independent Contract Consideration (which shall be paid to Seller). In any event, Purchaser’s consent to the close of escrow pursuant to this Contract shall waive any remaining unfulfilled conditions, and any liability on the part of Seller for breaches of covenants, representations and warranties of which Purchaser had knowledge as of the Closing.

Failure or Waiver of Conditions Precedent. In the event any of the conditions set forth in Sections 4.1 or 4.2 Section 3.1 are not fulfilled or waived, the party benefited by such conditions condition may, by written notice to the other party, terminate this ContractAgreement, whereupon all rights and obligations hereunder of each party shall terminate except those that expressly survive any terminationbe at an end. Either party may, at its election, at any time or times on or before the date specified for the satisfaction of the condition, waive in writing the benefit of any of the conditions set forth in Sections 4.1 Section 3.1(a) and 4.2 3.1(b) above. Notwithstanding any contrary provision of this Agreement, Buyer shall be deemed to have completed the inspection and approval described in Section 3.1(a)(i) above, and the condition set forth in that clause shall be deemed satisfied, unless Buyer delivers to Seller written notice of failure of such condition on or prior to the close of the Inspection Period. In the event this Contract Agreement is terminated as a result of the failure of any condition set forth in Section 4.13.1(a), Purchaser, as its sole and exclusive remedy, Seller shall be entitled to a refund return the full amount of the Xxxxxxx Money, less the applicable Independent Contract Consideration (which shall be paid Deposit to Seller)Buyer. In any event, PurchaserBuyer’s consent to the close of escrow pursuant to this Contract Agreement shall waive any remaining unfulfilled conditions, and any liability on the part of Seller for breaches of covenants, representations and warranties of which Purchaser had knowledge as of the Closing.

Failure or Waiver of Conditions Precedent. In the event any of the conditions set forth in Sections 4.1 or 4.2 Paragraph 5.1 are not fulfilled or waivedwaived as of Closing or the period otherwise specified herein, the party benefited by such conditions Purchaser may, by written notice to the other partySeller, terminate this ContractAgreement, whereupon all rights and obligations hereunder of each party shall terminate be at an end except those that expressly survive any termination. Either party Purchaser may, at its election, at any time or times on or before the date specified for the satisfaction of the condition, waive in writing the benefit of any of the conditions set forth in Sections 4.1 and 4.2 Paragraph 5.1 above. In the event this Contract Agreement is terminated as a result of any condition set forth in Section 4.1Paragraph 5.1, Purchaser, as its sole and exclusive remedy, Purchaser shall be entitled to a refund of the Xxxxxxx Money, Exxxxxx Money less the applicable Independent Contract Consideration (which shall be paid to Seller)Consideration. In any event, Purchaser’s consent to the close of escrow pursuant to this Contract Agreement shall waive any remaining unfulfilled conditions, and any liability on the part of Seller for breaches of representations, warranties and covenants, representations and warranties of which to the extent the same survive the Closing, but only to the extent that Purchaser had actual knowledge as of the Closing.

Failure or Waiver of Conditions Precedent. In the event any of the conditions set forth in Sections Paragraphs 4.1 or 4.2 are not fulfilled or waived, the party to have been benefited by such conditions may, by written notice to the other party, terminate this Contract, whereupon all rights and obligations hereunder of each party shall terminate except those that expressly survive any termination. Either The party to benefit by a condition may, at its election, at any time or times on or before the date specified for the satisfaction of the condition, waive in writing the benefit of any of the conditions set forth in Sections Paragraphs 4.1 and or 4.2 above, as applicable. In the event this Contract is terminated as a result of the failure to occur of any condition set forth in Section Paragraph 4.1, Purchaser, as its sole and exclusive remedy, shall be entitled to a refund of the Xxxxxxx Money, less the applicable Independent Contract Consideration (which shall be paid to Seller). In any event, Purchaser’s consent to the close of escrow pursuant to this Contract shall waive any remaining unfulfilled conditions, and any liability on the part of Seller for breaches of covenants, representations and warranties of which Purchaser had knowledge as of the Closing.. 4.4

Failure or Waiver of Conditions Precedent. In the event any of the conditions set forth in Sections 4.1 Paragraphs 5.1 or 4.2 5.2 are not fulfilled or waived, the party benefited by such conditions may, by written notice to the other party, terminate this ContractAgreement, whereupon all rights and obligations hereunder of each party shall terminate be at an end except those that expressly survive any termination. Either party may, at its election, at any time or times on or before the date specified for the satisfaction of the condition, waive in writing the benefit of any of the conditions set forth in Sections 4.1 Paragraphs 5.1 and 4.2 5.2 above. In the event this Contract Agreement is terminated as a result of any condition set forth in Section 4.1Paragraph 5.1, Purchaser, as its sole and exclusive remedy, Purchaser shall be entitled to a refund of the Xxxxxxx Money, less the applicable Independent Contract Consideration (unless Purchaser is in default, in which case Section 9.1 shall be paid to Seller)apply. In any event, Purchaser’s consent to the close of escrow pursuant to this Contract Agreement shall waive any remaining unfulfilled conditions, and any liability on the part of Seller for breaches of representations, warranties and covenants, representations and warranties to the extent the same survive the Closing, of which Purchaser had knowledge as of the Closing.

Failure or Waiver of Conditions Precedent. In the event any of the conditions set forth in Sections 4.1 Paragraphs 5.1 or 4.2 5.2 are not fulfilled or waived, the party benefited by such conditions may, by written notice to the other party, terminate this ContractAgreement, whereupon all rights and obligations hereunder of each party shall terminate be at an end except those that expressly survive any termination. Either party may, at its election, at any time or times on or before the date specified for the satisfaction of the condition, waive in writing the benefit of any of the conditions set forth in Sections 4.1 Paragraphs 5.1 and 4.2 5.2 above. In the event this Contract Agreement is terminated as a result of any condition set forth in Section 4.1Paragraph 5.1, Purchaser, as its sole and exclusive remedy, Purchaser shall be entitled to a refund of the Xxxxxxx Exxxxxx Money, less the applicable Independent Contract Consideration (which shall be paid to Seller). In any event, Purchaser’s consent to the close of escrow pursuant to this Contract Agreement shall waive any remaining unfulfilled conditions, and any liability on the part of Seller for prior breaches of covenants, representations and warranties or other obligations of which Purchaser had knowledge as of the ClosingSeller hereunder.

Failure or Waiver of Conditions Precedent. In the event any of the conditions set forth in Sections 4.1 or 4.2 to a party’s obligation to proceed with the Closing hereunder are not fulfilled or waived, the party benefited by such conditions may, by written notice to the other party, extend the time available for satisfaction of such condition by up to a total of 10 business days. If such party elects to extend the time for satisfaction, and such condition remains unsatisfied after the end of such extension period, then, at such time, such party may elect to proceed pursuant to terminate this ContractAgreement, whereupon all rights and obligations hereunder of each party shall terminate be at an end except those that expressly survive any termination, or waive such condition pursuant to the following sentence. Either party may, at its election, at any time or times on or before the date specified for the satisfaction of the condition, waive in writing the benefit of any of the conditions set forth in Sections 4.1 and 4.2 above. In the event this Contract Agreement is terminated as a result of any condition set forth in Section 4.1this paragraph, Purchaser, as its sole and exclusive remedy, Buyer shall be entitled to a refund of the Xxxxxxx MoneyDeposit, less the applicable Independent Contract Consideration (unless Buyer is in default, in which case Section 15(a) shall be paid to Seller). In any event, Purchaser’s consent to the close of escrow pursuant to this Contract shall waive any remaining unfulfilled conditions, and any liability on the part of Seller for breaches of covenants, representations and warranties of which Purchaser had knowledge as of the Closingapply.

Failure or Waiver of Conditions Precedent. In the event any of the conditions set forth in Sections Paragraphs 4.1 or 4.2 are not fulfilled or waived, the party benefited by such conditions may, by written notice to the other party, terminate this Contract, whereupon all rights and obligations hereunder of each party shall terminate except those that expressly survive any termination. Either party may, at its election, at any time or times on or before the date specified for the satisfaction of the condition, waive in writing the benefit of any of the conditions set forth in Sections Paragraphs 4.1 and 4.2 above. In the event this Contract is terminated as a result of any condition set forth in Section Paragraph 4.1, Purchaser, as its sole and exclusive remedy, shall be entitled to a full refund of the Xxxxxxx Money, less Money and the applicable Independent Contract Consideration Reimbursement Cap (which shall be paid to Selleras defined in Paragraph 4.6). In any event, Purchaser’s consent to the close of escrow pursuant to this Contract shall waive any remaining unfulfilled conditions, and any liability on the part of Seller for breaches of covenants, representations and warranties of which Purchaser had knowledge as of the Closing.

Failure or Waiver of Conditions Precedent. In the event any of the conditions set forth in Sections 4.1 4.6 or 4.2 4.7 are not fulfilled or waivedwaived on or before the Outside Closing Date, the party benefited by such conditions may, by written notice to the other party, terminate this ContractAgreement, whereupon all rights and obligations hereunder of each party shall terminate be at an end except those that expressly survive any termination. Either party benefited by a condition set forth in Sections 4.6 and 4.7 above may, at its election, at any time or times on or before the date specified for the satisfaction of the condition, waive in writing the benefit of any of the conditions set forth in Sections 4.1 and 4.2 abovesuch condition. In the event this Contract is terminated as a result of any condition set forth in Section 4.1, Purchaser, as its sole and exclusive remedy, shall be entitled to a refund of the Xxxxxxx Money, less the applicable Independent Contract Consideration (which shall be paid to Seller). In any event, Purchaser’s consent to the close of escrow Closing pursuant to this Contract Agreement shall waive any remaining unfulfilled conditions, and any liability on the part of Seller for breaches of covenants, representations and warranties of which Purchaser had knowledge as of the Closing. If Purchaser terminates this Agreement due to the failure of any condition set forth in Section 4.6 not being satisfied (or if Seller terminates this Agreement due to the failure of the condition set forth in Section 4.7(d) not being satisfied), then the Exxxxxx Money shall be refunded to Purchaser.