Common use of Feasibility Study Clause in Contracts

Feasibility Study. This Agreement shall be considered “As-Is with Right to Inspect”. Buyer shall have a period of 7 days_ [if blank, seven (7) days] from the Execution Date to determine whether the Property is suitable, in Xxxxx’s sole and absolute discretion for Xxxxx’s uses. During the Feasibility Study Period, Buyer may conduct a property inspection, title examination, environmental audit(s), surveys, review of zoning, land use and legal proceedings and any other tests, analyses, and investigations to determine the Property’s suitability to Buyer’s needs. Xxxxx will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Xxxxx’s determination of whether or not the Property is acceptable. Xxxxx’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer’s intended uses in its “as is” condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Agreement will be deemed terminated as of the day after the Feasibility Study Period ends and Xxxxx’s Deposit(s) will be returned after Xxxxxx Agent receives proper authorization from all interested parties. Thereafter, the parties shall have no further mutual obligations under this Agreement. Seller makes no warranties whatsoever, including marketability of title, and in the event Buyer fails to provide written notification of its election to terminate this Agreement before the end of the Feasibility Study Period, Buyer accepts the Property “As-Is”. Xxxxx’s failure to timely close thereafter shall be deemed a breach by the Buyer.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

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Feasibility Study. This Agreement shall be considered “As-Is with Right to Inspect”. Buyer shall have a period of 7 days_ [if blank, seven (7) days] from the Execution Date to determine whether the Property is suitable, in XxxxxBuyer’s sole and absolute discretion for XxxxxBuyer’s uses. During the Feasibility Study Period, Buyer may conduct a property inspection, title examination, environmental audit(s), surveys, review of zoning, land use and legal proceedings and any other tests, analyses, and investigations to determine the Property’s suitability to Buyer’s needs. Xxxxx Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of XxxxxBuyer’s determination of whether or not the Property is acceptable. XxxxxBuyer’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer’s intended uses in its “as is” condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Agreement will be deemed terminated as of the day after the Feasibility Study Period ends and XxxxxBuyer’s Deposit(s) will be returned after Xxxxxx Escrow Agent receives proper authorization from all interested parties. Thereafter, the parties shall have no further mutual obligations under this Agreement. Seller makes no warranties whatsoever, including marketability of title, and in the event Buyer fails to provide written notification of its election to terminate this Agreement before the end of the Feasibility Study Period, Buyer accepts the Property “As-Is”. XxxxxBuyer’s failure to timely close thereafter shall be deemed a breach by the Buyer.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Feasibility Study. This Agreement shall be considered “As-Is with Right to Inspect”. Buyer shall have a period of 7 days_ [if blank, seven (7) days] from the Execution Date to determine whether the Property is suitable, in XxxxxBuyer’s sole and absolute discretion for XxxxxBuyer’s uses. During the Feasibility Study Period, Buyer may conduct a property inspection, title examination, environmental audit(s), surveys, review of zoning, land use and legal proceedings and any other tests, analyses, and investigations to determine the Property’s suitability to Buyer’s needs. Xxxxx Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of XxxxxBuyer’s determination of whether or not the Property is acceptable. XxxxxBuyer’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer’s intended uses in its “as is” condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Agreement will be deemed terminated as of the day after the Feasibility Study Period ends and XxxxxBuyer’s Deposit(s) will be returned after Xxxxxx Escrow Agent receives proper authorization from all interested parties. Thereafter, the parties shall have no further mutual obligations under this Agreement. Seller makes no warranties whatsoever, including marketability of title, and in the event Buyer fails to provide written notification of its election to terminate this Agreement before the end of the Feasibility Study Period, Buyer accepts the Property “As-Is”. XxxxxBuyer’s failure to timely close thereafter shall be deemed a breach by the Buyer.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Feasibility Study. This Agreement shall be considered “As-Is with Right to Inspect”. Buyer shall have a period of 7 days_ 30 [if blank, seven (7) days] from the Execution Date to determine whether the Property is suitable, in XxxxxBuyer’s sole and absolute discretion for XxxxxBuyer’s uses. During the Feasibility Study Period, Buyer may conduct a property inspection, title examination, environmental audit(s), surveys, review of zoning, land use and legal proceedings and any other tests, analyses, and investigations to determine the Property’s suitability to Buyer’s needs. Xxxxx Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of XxxxxBuyer’s determination of whether or not the Property is acceptable. XxxxxBuyer’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer’s intended uses in its “as is” condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Agreement will be deemed terminated as of the day after the Feasibility Study Period ends and XxxxxBuyer’s Deposit(s) will be returned after Xxxxxx Escrow Agent receives proper authorization from all interested parties. Thereafter, the parties shall have no further mutual obligations under this Agreement. Seller makes no warranties whatsoever, including marketability of title, and in the event Buyer fails to provide written notification of its election to terminate this Agreement before the end of the Feasibility Study Period, Buyer accepts the Property “As-Is”. XxxxxBuyer’s failure to timely close thereafter shall be deemed a breach by the Buyer.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Feasibility Study. This Agreement shall be considered “As-Is with Right to Inspect”. Buyer shall have a period until the date which is sixty (60) days following the Effective Date (the “Feasibility Period”) (i) to conduct such studies or investigations of 7 days_ [if blankthe Property (including, seven (7without limitation, Phase I and Phase II environmental assessments and geotech studies, subject to Section 6.1 hereof) days] from the Execution Date or matters pertaining thereto as Buyer may deem appropriate to determine ascertain whether the Property is suitable, in Xxxxx’s sole and absolute discretion for Xxxxx’s uses. During the Feasibility Study Period, Buyer may conduct a property inspection, title examination, environmental audit(s), surveys, review of zoning, land use and legal proceedings and any other tests, analyses, and investigations to determine the Property’s suitability suited to Buyer’s needs. Xxxxx will intended purposes, including any studies or investigations necessary to ascertain the likelihood of obtaining governmental approval of Buyer’s entitlement applications and such other governmental approvals or permits as may be necessary to enable Buyer to develop the Property for Buyer’s intended purposes; (ii) to determine in Buyer’s sole discretion whether the development of the Property is economically feasible, and (iii) to deliver to Seller its written notice to of approval or disapproval of the feasibility of the Property. If Buyer gives Seller prior to written notice of disapproval on or before the expiration of the Feasibility Study Period Period, then this condition shall be deemed unsatisfied this Agreement and all rights and obligations of Xxxxx’s determination Seller and Buyer under this Agreement (except for those rights or obligations that expressly survive termination of whether or not this Agreement) shall terminate and the Property is acceptable. Xxxxx’s failure Deposits made by Buyer hereunder, together with all interest accrued thereon while held in escrow, shall be promptly refunded to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer’s intended uses in its “as is” condition. If the Property is unacceptable to Buyer and does not give Seller written notice of this fact is timely delivered to Seller, this Agreement will be deemed terminated as disapproval (or gives Seller written notice of the day after the Feasibility Study Period ends and Xxxxx’s Deposit(sapproval) will be returned after Xxxxxx Agent receives proper authorization from all interested parties. Thereafter, the parties shall have no further mutual obligations under this Agreement. Seller makes no warranties whatsoever, including marketability of title, and in the event Buyer fails to provide written notification of its election to terminate this Agreement on or before the end expiration of the Feasibility Study Period, Buyer accepts then the Property “As-Is”. Xxxxx’s failure to timely close thereafter condition set forth in this Section 4.1.2 shall be deemed a breach by the Buyersatisfied.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (Owens Mortgage Investment Fund a Calif LTD Partnership)

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Feasibility Study. This Agreement shall be considered “As-Is with Right to Inspect”. Buyer shall have a period of 7 days_ [if blank, seven (7) days] from the Execution Date to determine whether the Property is suitable, in XxxxxBuyer’s sole and absolute discretion for Xxxxx’s uses. During the Feasibility Study Period, Buyer may conduct a property inspection, title examination, environmental audit(s), surveys, review of zoning, land use and legal proceedings and any other tests, analyses, and investigations to determine the Property’s suitability to Buyer’s needs. Xxxxx will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Xxxxx’s determination of whether or not the Property is acceptable. Xxxxx’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer’s intended uses in its “as is” condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Agreement will be deemed terminated as of the day after the Feasibility Study Period ends and Xxxxx’s Deposit(s) will be returned after Xxxxxx Agent receives proper authorization from all interested parties. Thereafter, the parties shall have no further mutual obligations under this Agreement. Seller makes no warranties whatsoever, including marketability of title, and in the event Buyer fails to provide written notification of its election to terminate this Agreement before the end of the Feasibility Study Period, Buyer accepts the Property “As-Is”. Xxxxx’s failure to timely close thereafter shall be deemed a breach by the Buyer.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Feasibility Study. This Agreement shall be considered “As-Is with Right to Inspect”. Buyer shall have a period of 7 days_7_ [if blank, seven (7) days] from the Execution Date to determine whether the Property is suitable, in XxxxxBuyer’s sole and absolute discretion for XxxxxBuyer’s uses. During the Feasibility Study Period, Buyer may conduct a property inspection, title examination, environmental audit(s), surveys, review of zoning, land use and legal proceedings and any other tests, analyses, and investigations to determine the Property’s suitability to Buyer’s needs. Xxxxx Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of XxxxxBuyer’s determination of whether or not the Property is acceptable. XxxxxBuyer’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer’s intended uses in its “as is” condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Agreement will be deemed terminated as of the day after the Feasibility Study Period ends and XxxxxBuyer’s Deposit(s) will be returned after Xxxxxx Escrow Agent receives proper authorization from all interested parties. Thereafter, the parties shall have no further mutual obligations under this Agreement. Seller makes no warranties whatsoever, including marketability of title, and in the event Buyer fails to provide written notification of its election to terminate this Agreement before the end of the Feasibility Study Period, Buyer accepts the Property “As-Is”. XxxxxBuyer’s failure to timely close thereafter shall be deemed a breach by the Buyer.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Feasibility Study. This Agreement shall be considered “As-Is with Right to Inspect”. Buyer shall have a period of 7 days_ [if blankthe right during the Feasibility Period, seven (7) days] from the Execution Date to determine whether investigate title and to make sure investigations, studies and tests with respect to the Property is suitable, in Xxxxx’s sole and absolute discretion for Xxxxx’s uses. During the Feasibility Study Period, as Buyer may conduct a property inspection, title examination, environmental audit(s), surveys, review of zoning, land use and legal proceedings and any other tests, analyses, and investigations deems necessary or appropriate to determine the Property’s suitability to Buyer’s needsfeasibility of purchasing the property. Xxxxx will deliver written notice to Seller At any time prior to the expiration of the Feasibility Study Period of Xxxxx’s determination of whether or not the Property is acceptablePeriod, Buyer may, in its sole discretion, terminate this Agreement by written notice to Seller. Xxxxx’s Buyer's failure to comply with provide notice to Seller of Buyer's intention to terminate or to continue under the terms of this notice requirement will constitute acceptance Agreement before the expiration of the Property as suitable for Buyer’s intended uses in its “as is” condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Agreement will Feasibility Period shall be deemed terminated as of the day after the Feasibility Study Period ends and Xxxxx’s Deposit(s) will to be returned after Xxxxxx Agent receives proper authorization from all interested parties. Thereafter, the parties shall have no further mutual obligations under this Agreement. Seller makes no warranties whatsoever, including marketability of title, and in the event Buyer fails to provide written notification of its Buyer's election to terminate this Agreement. Upon termination of this Agreement, any Deposit shall be refunded to Buyer. Thereafter no Party hereto shall have any further obligation or liability to the other with respect to the transactions contemplated by this Agreement before the end except for Buyer's indemnification of Seller pursuant to subsection 4(e) hereof, which shall survive termination of this Agreement. No examination of the Feasibility Study Period, Buyer accepts the Property “As-Is”. Xxxxx’s failure to timely close thereafter shall will be deemed to constitute a breach waiver or relinquishment on Buyer's part of its rights to rely on the covenants, representations, warranties and agreements made by Seller or upon the Buyertests, reports, plans, drawings and agreements provided to Buyer by Seller.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Patriot Transportation Holding Inc)

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