Common use of Performance by Buyer Clause in Contracts

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all covenants and agreements of this Agreement to be performed or observed by Buyer prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) shall be a condition precedent to Seller's obligation to sell the Property).

Performance by Buyer. The As a condition precedent to Seller’s obligation to sell the Property, the performance and observance, in all material respects, by Buyer of all covenants and agreements of in this Agreement to be performed or observed by Buyer prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) shall be a condition precedent to Seller's ’s obligation to sell the Property)Property pursuant to this Agreement. Additionally, as a condition to Seller’s obligation to close, all of Buyer’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all covenants and agreements of this Agreement to be performed or observed by Buyer prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) shall be a condition precedent to Seller's ’s obligation to sell the Property). Without limitation on the foregoing, in the event that the “Buyer Closing Certificate” (as defined below) shall disclose any material exception to the representations and warranties of Buyer contained in this Agreement or any certificate delivered by Buyer in connection herewith which are not permitted or contemplated by the terms of this Agreement, then Seller shall have the right to terminate this Agreement upon prior written notice to Buyer.

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all covenants and agreements of this Agreement to be performed or observed by Buyer prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) this Agreement shall be a condition precedent to Seller's ’s obligation to sell the Property). In addition, a condition precedent to Seller’s obligation to sell the Property shall be that the representations and warranties of Buyer are true and correct in all material respects as of the Closing Date as if made on such Closing Date.

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all covenants and agreements of in this Agreement to be performed or observed by Buyer prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) shall be a condition precedent to Seller's ’s obligation to sell the Property)Property pursuant to this Agreement. Additionally, as a condition to Seller’s obligation to close, all of Buyer’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all covenants and agreements of this Agreement to be performed or observed by Buyer prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) shall be a condition precedent to Seller's ’s obligation to sell the Property).

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all covenants and agreements of this Agreement to be performed or observed by Buyer prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) shall be a condition precedent to Seller's Sellers’ obligation to sell the Property)Properties.

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all covenants and agreements of this Agreement to be performed or observed by Buyer it prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) shall be a condition precedent to Seller's ’s obligation to sell the Property).

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all covenants and agreements of this Agreement to be performed or observed by Buyer it prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) shall be a condition precedent to Seller's Sellers' obligation to sell the Property), unless the failure to perform and observe all such covenants and agreements would not in the aggregate, reasonably be expected to have a material adverse effect on Sellers.

Performance by Buyer. The As a condition precedent to Seller's obligation to sell the Property, the performance and observance, in all material respects, by Buyer of all ofall covenants and agreements of in this Agreement to be performed or observed by Buyer prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) shall be a condition precedent to Seller's obligation to sell the Property)Property pursuant to this Agreement. Additionally, as a condition to Seller's obligation to close, all ofBuyer's representations and warranties stated herein shall be true and correct in all material respects as ofthe Closing Date.

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all covenants and agreements of this Agreement to be performed or observed by Buyer it prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) shall be a condition precedent to Seller's ’s obligation to sell the Property). Without limitation on the foregoing, in the event that the “Buyer Closing Certificate” (as hereinafter defined) shall disclose any material adverse changes in the representations and warranties of Buyer contained in Section 7.2 which are not permitted or contemplated by the terms of this Agreement, then Seller shall have the right to terminate this Agreement.

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all covenants and agreements of this Agreement to be performed or observed by Buyer it prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) shall be a condition precedent to Seller's Sellers’ obligation to sell the Property)Properties. Without limitation on the foregoing, in the event that the “Buyer Closing Certificate” (as hereinafter defined) shall disclose any material adverse changes in the representations and warranties of Buyer contained in Section 7.2 which are not permitted or contemplated by the terms of this Agreement, then Sellers shall have the right to terminate this Agreement.

Performance by Buyer. The performance and observance, observance in all material respects, respects by Buyer of all covenants and agreements of this Agreement to be performed or observed by Buyer it prior to or on the Closing Date (including, without limitation, and the delivery by Buyer truth and correctness of all items required under paragraph 5B(2) below) representations and warranties of Buyer made herein all material respects shall each be a condition precedent to Seller's obligation to sell the Property).. Seller shall have the option to waive the condition precedent set forth herein by notice to Buyer. In the event of such waiver, such condition shall be deemed satisfied. 3990 B▇▇▇▇▇▇ -21- Purchase and Sale Agreement

Performance by Buyer. The As a condition precedent to Seller’s obligation to sell the Property, the performance and observance, in all material respects, by Buyer of all covenants and agreements of in this Agreement to be performed or observed by Buyer on or after the Original Agreement Effective Date and prior to or on the Closing Date (including, without limitation, the delivery by Buyer of all items required under paragraph 5B(2) below) shall be a condition precedent to Seller's ’s obligation to sell the Property)Property pursuant to this Agreement. Additionally, as a condition to Seller’s obligation to close, all of Buyer’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all material covenants and agreements of this Agreement to be performed or observed by Buyer prior to or on the Closing Date (under this Agreement, including, without limitation, the delivery by Buyer payment of all items required under paragraph 5B(2) below) the Purchase Price to Seller, shall be a condition precedent to Seller's ’s obligation to sell the Property). In addition, a condition precedent to Seller’s obligation to sell the Property shall be that the representations and warranties of Buyer are true and correct in all material respects as of the Closing Date as if made on such Closing Date.