Common use of Performance by Seller Clause in Contracts

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s obligation to purchase the Property. Without limitation on the foregoing, in the event that the “Seller Closing Certificate” (as hereinafter defined) shall disclose any material adverse changes in the representations and warranties of Seller contained in this Agreement or any certificate delivered by Seller in connection herewith which are not otherwise permitted or contemplated by the terms of this Agreement, then Buyer shall have the right to terminate this Agreement, whereupon the Escrow Deposit (together with all interest earned thereon) shall be immediately returned to Buyer.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s 's obligation to purchase the Property. Without limitation on the foregoingIn addition, in the event that the “"Seller Closing Certificate” " (as hereinafter defined) shall disclose any material adverse changes in the representations and warranties of Seller contained in this Agreement or any certificate delivered by Seller in connection herewith paragraph 7A below which are not otherwise permitted or contemplated by the terms of this Agreement, then Buyer shall have the right to terminate this Agreement. Buyer shall have the option to waive the condition precedent set forth in this paragraph 4D by written notice to Seller. In the event of such waiver, whereupon the Escrow Deposit (together with all interest earned thereon) such condition shall be immediately returned to Buyer.deemed satisfied. E.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s 's obligation to purchase the Property. Without limitation on the foregoingIn addition, in the event that the “"Seller Closing Certificate” " (as hereinafter defined) shall disclose any material adverse changes in the representations and warranties of Seller contained in this Agreement or any certificate delivered by Seller in connection herewith paragraph 7A below which are not otherwise permitted or contemplated by the terms of this Agreement, then Buyer shall have the right to terminate this Agreement, whereupon Agreement and the Escrow Deposit (together with all interest earned thereon) shall be immediately returned to Buyer. Buyer shall have the option to waive the condition precedent set forth in this paragraph 4D by written notice to Seller. In the event of such waiver, such condition shall be deemed satisfied.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s 's obligation to purchase the Property. Without limitation on the foregoingIn addition, in the event that the “"Seller Closing Certificate” " (as hereinafter defined) shall disclose any material adverse changes in the representations and warranties of Seller contained in this Agreement or any certificate delivered by Seller in connection herewith paragraph 7A below which are not otherwise permitted or contemplated by the terms of this Agreement, then Buyer shall have the right right, in its sole and absolute discretion, to terminate this Agreement. Buyer shall have the option to waive the condition precedent set forth in this paragraph 4E by written notice to Seller. In the event of such waiver, whereupon the Escrow Deposit (together with all interest earned thereon) such condition shall be immediately returned to Buyer.deemed satisfied. E.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s 's obligation to purchase the Property. Without limitation on the foregoingIn addition, in the event that the “"Seller Closing Certificate” " (as hereinafter defined) shall disclose any material adverse changes in the representations and warranties of Seller contained in this Agreement or any certificate delivered by Seller in connection herewith subparagraph 7B below which are not otherwise permitted or contemplated by the terms of this Agreement, then Buyer shall have the right to terminate this Agreement. Buyer shall have the option to waive the condition precedent set forth in this subparagraph 4C by written notice to Seller. In the event of such waiver, whereupon the Escrow Deposit (together with all interest earned thereon) such condition shall be immediately returned to Buyerdeemed satisfied.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s obligation to purchase the Property. Without limitation on the foregoing, in the event that the “Seller Closing Certificate” (as hereinafter defineddefined below) shall disclose any material adverse changes in exception to the representations and warranties of Seller contained in this Agreement or any certificate delivered by Seller in connection herewith which are not otherwise permitted or contemplated by the terms of this Agreement, then Buyer shall have the right to terminate this Agreement, whereupon the Escrow Deposit (together with all interest earned thereon) shall be immediately returned Agreement upon prior written notice to BuyerSeller.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s 's obligation to purchase the Property. Without limitation on the foregoingIn addition, in the event that the “"Seller Closing Certificate” " (as hereinafter defined) shall disclose any material adverse changes in the representations and warranties of Seller contained in this Agreement or any certificate delivered by Seller in connection herewith paragraph 7A below which are not otherwise permitted or contemplated by the terms of this Agreement, then Buyer shall have the right to terminate this Agreement. Buyer shall have the option to waive the condition precedent set forth in this paragraph 4E by written notice to Seller. In the event of such waiver, whereupon the Escrow Deposit (together with all interest earned thereon) such condition shall be immediately returned to Buyer.deemed satisfied. F.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s obligation to purchase the Property. Without limitation on the foregoing, in the event that the “Seller Closing Certificate” (as hereinafter defined) shall disclose any material adverse changes in exceptions to the representations and warranties of Seller contained in this Agreement or any certificate delivered by Seller in connection herewith which are not otherwise (other than matters (1) expressly permitted or contemplated by the terms of this Agreement or (2) known to Buyer on or prior to the date of this Agreement), then Buyer shall have the right to terminate this Agreement, whereupon Agreement upon prior written notice to Seller and the Escrow Deposit (together with all interest earned thereon) shall be immediately returned to Buyer.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s obligation to purchase the Property. Without limitation on the foregoing, in the event that the “Seller Closing Certificate” (as hereinafter defined) shall disclose any material adverse changes in the representations and warranties of Seller contained in this Agreement or any certificate delivered by Seller in connection herewith Section 7.1 which are not otherwise permitted or contemplated by the terms of this AgreementAgreement or known to Buyer during the Due Diligence Period, then Buyer shall have the right to terminate this Agreement, whereupon the Escrow Deposit (together with all interest earned thereon) shall be immediately returned to Buyer.