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 Section 3.1 are not fulfilled or waived, the party benefited by such condition may, by written notice to the other party, terminate this Agreement, whereupon all rights and obligations hereunder of each party shall be 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 Section 3.1(a) and 3.1(b) above. Notwithstanding the foregoing, Buyer's failure to deliver to Seller on or prior to the close of the Inspection Period an executed Inspection Letter in the form attached as Exhibit B, without modification or qualification in any manner whatsoever, shall be deemed a failure of the condition set forth in Section 3.1(a)(i) above. In the event this Agreement is terminated as a result of the failure of any condition set forth in Section 3.l(a), Seller shall return the full amount of the Deposit to Buyer. In any event, Buyer's consent to the close of escrow pursuant to this Agreement shall waive any remaining unfulfilled conditions.

Failure or Waiver of Conditions Precedent. In the event any of the conditions set forth in Section 3.1 are not fulfilled or waived, the party benefited by such condition may, by written notice to the other party, terminate this Agreement, whereupon all rights and obligations hereunder of each party shall be 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 Section 3.1(a) and 3.1(b3.l(b) above. Notwithstanding the foregoing, Buyer's failure to deliver to Seller on or prior to the close of the Inspection Period an executed Inspection Letter in the form attached as Exhibit BC, without modification or qualification in any manner whatsoever, shall be deemed a failure of the condition set forth in Section 3.1(a)(i) above. In the event this Agreement is terminated as a result of the failure of any condition set forth in Section 3.l(a3.1(a), Seller shall return the full amount of the Deposit to Buyer. In any event, event Buyer's consent to the close of escrow pursuant to this Agreement shall waive any remaining unfulfilled conditions.

Failure or Waiver of Conditions Precedent. In the event any of the conditions set forth in Section 3.1 are not fulfilled or waived, the party benefited by such condition may, by written notice to the other party, terminate this Agreement, whereupon all rights and obligations hereunder of each party shall be 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 Section 3.1(a) and 3.1(b) above. Notwithstanding any contrary provision of this Agreement, Buyer shall be deemed to have completed the foregoinginspection and approval described in Section 3.1(a)(i) above, Buyer's failure to deliver 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 an executed Inspection Letter in the form attached as Exhibit B, without modification or qualification in any manner whatsoever, shall be deemed a failure of the condition set forth in Section 3.1(a)(i) abovePeriod. In the event this Agreement is terminated as a result of the failure of any condition set forth in Section 3.l(a), Seller 3.1(a): (a) Buyer shall return to Seller all documents and other information generated by, or delivered or made available to, Buyer, including all copies thereof, and (b) the full amount of the Deposit shall be returned to Buyer. In any event, Buyer's ’s consent to the close of escrow pursuant to this Agreement shall waive any remaining unfulfilled conditions.

Failure or Waiver of Conditions Precedent. In the event any ----------------------------------------- of the conditions set forth in Section 3.1 are not fulfilled or waived, the party benefited by such condition may, by written notice to the other party, terminate this Agreement, whereupon all rights and obligations hereunder of each party shall be 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 Section 3.1(a) and 3.1(b) above. Notwithstanding the foregoing, Buyer's failure to deliver to Seller on the last day or prior to the close of the Inspection Period an executed Inspection Letter in the form attached as Exhibit B, without modification or qualification in any manner whatsoever, shall be deemed a failure of the condition set forth in Section 3.1(a)(i) above. In the event this Agreement is terminated as a result of the failure of any condition set forth in Section 3.l(a3.1(a), Seller shall return the full amount of the Deposit Deposit, plus any accrued interest, to Buyer. In any event, Buyer's consent to the close of escrow pursuant to this Agreement shall waive any remaining unfulfilled conditions.

Failure or Waiver of Conditions Precedent. In the event any of the conditions set forth in Section 3.1 (Conditions) are not fulfilled or waived, the party benefited by such condition may, by written notice to the other party, terminate this Agreement, whereupon all rights and obligations hereunder of each party shall be at an endend except with respect to any indemnification obligations arising prior to such termination. Either party may, at its election, at Notwithstanding any time or times on or before contrary provision of this Agreement: (i) Buyer shall be deemed to have completed the date specified for the satisfaction of the condition, waive inspection and approval described in writing the benefit of any of Section 3.1.1(a) above and the conditions set forth in Section 3.1(a3.1.1(a) and 3.1(b3.1.1(b) above. Notwithstanding the foregoing, Buyer's failure shall be deemed satisfied or waived with respect to deliver all matters described therein unless Buyer delivers to Seller written notice of failure of such condition on or prior to the close of the Inspection Period an executed Inspection Letter in Period; and (ii) if this Agreement is terminated by written notice from Buyer to Seller of the form attached as Exhibit B, without modification or qualification in any manner whatsoever, shall be deemed a failure of the a condition set forth in Section 3.1(a)(i) above. In 3.1.1 above prior to the event this Agreement is terminated as a result end of the failure of any condition set forth in Section 3.l(a)Inspection Period, Seller shall return the full amount of the Deposit shall be immediately returned to Buyer. In any event, Buyer's consent to the close of escrow pursuant to this Agreement shall waive any remaining unfulfilled conditionsconditions as a condition to the Closing. For avoidance of doubt, the failure of one or more conditions precedent in Section 3.1.1 (a) or Section 3.1.2 shall not entitle Buyer to a refund of the Deposit.