Common use of Failure to Deliver Clause in Contracts

Failure to Deliver. The failure of Purchaser or Seller to make any delivery required above by and in accordance with this Article IV which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicable.

Appears in 10 contracts

Sources: Sale, Purchase and Escrow Agreement (Joby Aviation, Inc.), Sale, Purchase and Escrow Agreement (Sotherly Hotels Lp), Sale, Purchase and Escrow Agreement (Resource Apartment REIT III, Inc.)

Failure to Deliver. The failure of Purchaser or Seller to make any delivery required above by and in accordance with this Article ARTICLE IV which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicable.

Appears in 3 contracts

Sources: Sale, Purchase and Escrow Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Purchase and Sale Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp), Sale, Purchase and Escrow Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Failure to Deliver. The failure of Purchaser Buyer or Seller Sellers to make any delivery required above by and in accordance with this Article IV which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicablesuch Party.

Appears in 2 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement (Talon Real Estate Holding Corp.)

Failure to Deliver. The failure of Purchaser or Seller to make any delivery required above by and in accordance with this Article IV (except, with respect to Seller, Section 4.2.10 (Tenant Estoppels) after Seller’s commercially reasonable efforts, which shall be handled in the manner provided in Section 3.1) which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicable.

Appears in 2 contracts

Sources: Sale, Purchase and Escrow Agreement, Sale, Purchase and Escrow Agreement (Industrial Property Trust Inc.)

Failure to Deliver. The failure of Purchaser or Seller to make any delivery required above by and in accordance with this Article IV ARTICLE 4 which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicable.

Appears in 2 contracts

Sources: Sale, Purchase and Escrow Agreement, Sale, Purchase and Escrow Agreement (Point.360)

Failure to Deliver. The failure of Purchaser Buyer or Seller to make any delivery required above by and in accordance with this Article IV which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicablesuch party.

Appears in 1 contract

Sources: Sale, Purchase and Escrow Agreement (Behringer Harvard Reit I Inc)

Failure to Deliver. The failure of Purchaser Buyer or Seller to make any delivery required above by and in accordance with this Article IV which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicablesuch Party.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)