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 shall be a condition precedent to Seller's obligation to sell the Property. In addition, 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 paragraph 7B below which are not otherwise permitted or contemplated by the terms of this Agreement, then Seller shall have the right to terminate this Agreement and, upon the exercise of such right, a return of the Escrow Deposit. Seller shall have the option to waive the condition precedent set forth in this paragraph 4D by written notice to Buyer. In the event of such waiver, such condition shall be deemed satisfied.

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 shall be a condition precedent to Seller's obligation to sell the Property. In addition, 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 paragraph 7B below which are not otherwise permitted or contemplated by the terms of this Agreement, then Seller shall have the right to terminate this Agreement and, upon the exercise of such right, a return of the Escrow DepositAgreement. Seller shall have the option to waive the condition precedent set forth in this paragraph 4D 4E by written notice to Buyer. In the event of such waiver, such condition shall be deemed satisfied.

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 shall be a condition precedent to Seller's obligation to sell the Property. In addition, 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 paragraph 7B subparagraph 7C below which are not otherwise permitted or contemplated by the terms of this Agreement, then Seller shall have the right to terminate this Agreement and, upon the exercise of such right, a return of the Escrow DepositAgreement. Seller shall have the option to waive the condition precedent set forth in this paragraph subparagraph 4D by written notice to Buyer. In the event of such waiver, such condition shall be deemed satisfied.

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 shall be a condition precedent to Seller's obligation to sell the Property. In addition, 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 paragraph 7B below which are not otherwise permitted or contemplated by the terms of this Agreement, then Seller shall have the right to terminate this Agreement and, upon the exercise of such right, a return of the Escrow DepositAgreement. Seller shall have the option to waive the condition precedent set forth in this paragraph 4D 4E by written notice to Buyer. In the event of such waiver, such condition shall be deemed satisfied.

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 shall be a condition precedent to Seller's obligation to sell the Property. In addition, 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 paragraph 7B below which are not otherwise permitted or contemplated by the terms of this Agreement, then Seller shall have the right to terminate this Agreement and, upon the exercise of such right, a return of the Escrow DepositAgreement. Seller shall have the option to waive the condition precedent set forth in this paragraph 4D by written notice to Buyer. In the event of such waiver, such condition shall be deemed satisfied. 5.

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 shall be a condition precedent to Seller's obligation to sell the Property. In addition, 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 paragraph 7B below which are not otherwise permitted or contemplated by the terms of this Agreement, then Seller shall have the right right, in its sole and absolute discretion, to terminate this Agreement and, upon the exercise of such right, a return of the Escrow DepositAgreement. Seller shall have the option to waive the condition precedent set forth in this paragraph 4D by written notice to Buyer. In the event of such waiver, such condition shall be deemed satisfied. 5.

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 shall be a condition precedent to Seller's obligation to sell the Property. In addition, 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 paragraph 7B below which are not otherwise permitted or contemplated by the terms of this Agreement, then Seller shall have the right to terminate this Agreement and, upon the exercise of such right, a return of the Escrow DepositAgreement. Seller shall have the option right to waive the terminate this Agreement if any condition precedent set forth in this paragraph 4D 4E is not satisfied, by delivering written notice to Buyer. In the event Seller fails to deliver such notice of such waivertermination, such condition conditions shall be deemed satisfied.

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 shall be a condition precedent to Seller's obligation to sell the Property. In addition, 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 paragraph 7B below which are not otherwise permitted or contemplated by the terms of this Agreement, then Seller shall have the right to terminate this Agreement and, upon the exercise of such right, a return of the Escrow DepositAgreement. Seller shall have the option to waive the condition precedent set forth in this paragraph 4D 4E by written notice to Buyer. In the event of such waiver, such condition shall be deemed satisfied. 5.