Common use of Failure to Purchase Clause in Contracts

Failure to Purchase. If Tenant shall give the Notice of Exercise ------------------- to Landlord and thereafter shall fail to purchase the Property in accordance with the terms of this Article XXIX, paragraph 2, this Lease shall remain in full force and effect. If such failure by Tenant occurs despite the fulfillment of all conditions to closing for Tenant's benefit contained in this Article XXIX, Xxxxxxxxx 0, Xxxxxx shall be liable to Landlord for all damage incurred by Landlord as the result of Tenant's failure to so purchase the Property; and Tenant shall deliver to Landlord at no charge copies of all surveys, tests, investigations, studies, reports and analyses performed by Tenant or its employees, contractors, consultants, servants and agents in connection with Tenant's investigation of the Property. If Landlord fails to sell the Property to Tenant despite the fulfillment of all conditions to closing for Landlord's benefit contained in this Article XXIX, paragraph 3, Landlord shall be liable to Tenant for all damage incurred by Tenant as the result of Landlord's failure to so sell the Property, or Tenant may pursue specific performance of its Purchase Option.

Appears in 1 contract

Samples: Recognition and Attornment Agreement (Microsoft Corp)

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Failure to Purchase. If Tenant shall give the Notice of Exercise ------------------- to Landlord and thereafter shall fail to purchase the Property in accordance with the terms of this Article XXIX, paragraph Paragraph 2, this Lease shall remain in full force and effect. If such failure by Tenant occurs despite the fulfillment of all conditions to closing for Tenant's benefit contained in this Article XXIX, Xxxxxxxxx 0Paragraph 2, Xxxxxx Tenant shall have no further right pursuant to this Lease to purchase the Property from Landlord, and Tenant shall be liable to Landlord for all in damage incurred by Landlord as the result of Tenant's failure to so purchase the Property; and Tenant shall deliver to Landlord at no charge copies of all surveys, tests, investigations, studies, reports and analyses performed by Tenant or its employees, contractors, consultants, servants and agents in connection with Tenant's investigation of the Property. If Landlord fails to sell the Property to Tenant despite the fulfillment of all conditions to closing for Landlord's benefit contained in this Article XXIX, paragraph 3Xxxxxxxxx 0, Landlord Xxxxxxxx shall be liable to Tenant for all damage incurred by Tenant as the result of Landlord's failure to so sell the Property, or Tenant may pursue specific performance of its Purchase Option.

Appears in 1 contract

Samples: Recognition and Attornment Agreement (Microsoft Corp)

Failure to Purchase. If Tenant shall give the Notice of Exercise ------------------- to Landlord and thereafter shall fail to purchase the Property in accordance with the terms of this Article XXIX, paragraph Paragraph 2, this Lease shall remain in full force and effect. If such failure by Tenant occurs despite the fulfillment of all conditions to closing for Tenant's benefit contained in this Article XXIX, Xxxxxxxxx 0Paragraph 2, Xxxxxx Tenant shall have no further right pursuant to this Lease to purchase the Property from Landlord, and Tenant shall be liable to Landlord for all damage incurred by Landlord as the result of Tenant's failure to so purchase the Property; and Tenant shall deliver to Landlord at no charge copies of all surveys, tests, investigations, studies, reports and analyses performed by Tenant or its employees, contractors, consultants, servants and agents in connection with Tenant's investigation of the Property. If Landlord fails to sell the Property to Tenant despite the fulfillment of all conditions to closing for Landlord's benefit contained in this Article XXIX, paragraph 3Xxxxxxxxx 0, Landlord Xxxxxxxx shall be liable to Tenant for all damage incurred by Tenant as the result of Landlord's failure to so sell the Property, or Tenant may pursue specific performance of its Purchase Option.

Appears in 1 contract

Samples: Recognition and Attornment Agreement (Microsoft Corp)

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Failure to Purchase. If Tenant shall give the Notice of Exercise to ------------------- to Landlord and thereafter shall fail to purchase the Property in accordance with the terms of this Article XXIX, paragraph 2, this Lease shall remain in full force and effect. If such failure by Tenant occurs despite the fulfillment of all conditions to closing for Tenant's benefit contained in this Article XXIX, Xxxxxxxxx 0, Xxxxxx shall be liable to Landlord for all damage incurred by Landlord as the result of Tenant's failure to so purchase the Property; and Tenant shall deliver to Landlord at no charge copies of all surveys, tests, investigations, studies, reports and analyses performed by Tenant or its employees, contractors, consultants, servants and agents in connection with Tenant's investigation of the Property. If Landlord fails to sell the Property to Tenant despite the fulfillment of all conditions to closing for Landlord's benefit contained in this Article XXIX, paragraph 3, Landlord shall be liable to Tenant for all damage incurred by Tenant as the result of Landlord's failure to so sell the Property, or Tenant may pursue specific performance of its Purchase Option.

Appears in 1 contract

Samples: Recognition and Attornment Agreement (Microsoft Corp)

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