Purchasers Contingencies. This Agreement is contingent upon the following:
Purchasers Contingencies. It is understood and agreed that the obligation of Purchaser to purchase the premises is expressly contingent upon the achievement or satisfaction of all of the following conditions, any or all of which the Purchaser shall have the right to waive, in whole or in part. The Purchaser shall not have the right to extend any time periods referred to herein unless such extension is agreed to in writing signed by both Seller and Purchaser. Said conditions are as follows: SALE OF 00 XXXXXXXXXX XXXXXXX Page-5 --------------------------------------------------------------------------------
Purchasers Contingencies. In the event that any contingency set forth in this Section 4 has not been either satisfied or waived as of the Contingency Termination Date (as hereinafter defined (subject to the notice of waiver and election to cure provisions set forth in Section 4.C)), this Agreement shall be terminated, the Deposit shall be returned to Purchaser, Purchaser shall deliver all documents provided to Purchaser by Seller together with any final reports prepared by Purchaser’s consultants (to the extent assignable) (other than confidential attorney client or attorney work product privileged documents, or information relating to analysis of usability or feasibility of the Property or work product, marketing studies, and information relating to Purchaser itself) relating in any way to the Property (the “Due Diligence Reports”) to Seller without warranty as to the accuracy or completeness of any such Due Diligence Reports, and the Escrow shall thereupon be canceled, and neither party shall have any further obligation to the other except for Purchaser’s obligations which are expressly stated to survive. Costs for cancellation of Escrow and all Title Company costs shall be shared equally by Purchaser and Seller. The “
Purchasers Contingencies. Purchaser’s obligations under this Agreement are expressly contingent on the following: (a) all of Seller’s representations and warranties shall be true and correct as of the Closing Date in all material respects, (b) Seller shall have complied with all terms and conditions of this Agreement, (c) the Property shall be in substantially the same condition as at the expiration of the Inspection Period, damage by casualty and reasonable wear and tear excepted, (d) Seller shall have delivered to Purchaser prior to Closing estoppel certificates acceptable to Purchaser in the form of Exhibit H attached hereto consisting of 100% of the leased rentable square footage of the Property (collectively, the “Estoppel Threshold”) and dated no earlier than thirty (30) days prior to the Closing (the “Tenant Estoppels”), (e) Seller shall have delivered to Purchaser prior to Closing subordination, nondisturbance and attornment agreements (“SNDAs”) from each Tenant of the Property from which a Tenant Estoppel is required pursuant to this Agreement being in a form reasonably satisfactory to Purchaser and its lender(s), and (f) at Closing, the Title Company shall have delivered the Title Policy or irrevocably committed itself in writing to deliver it (collectively, “Purchaser’s Contingencies”). If Purchaser’s Contingencies as defined above or otherwise expressly provided for in this Agreement are not fully satisfied, Purchaser shall have the right to terminate this Agreement by written notice to Seller in which case neither party hereto shall have any further rights or obligations under this Agreement whatsoever, except for such rights and obligations that, by the express terms hereof, survive any termination of this Agreement. If Purchaser shall terminate this Agreement as provided in the preceding sentence, then Purchaser shall be entitled hereunder to receive from the Title Company a refund of all of the Xxxxxxx Money.
Purchasers Contingencies. Notwithstanding any other provision of this Agreement, Purchaser may terminate this Agreement unless the following conditions shall have been waived by Purchaser in writing, or satisfied in Purchaser's sole discretion, not later than the 60th day after the date of this Agreement, unless an earlier date is expressly provided for below (the period of time beginning on the date of this Agreement and ending on the 60th day after the date of this Agreement is referred to as the "Inspection Period," subject to any extensions by Purchaser as provided herein):
Purchasers Contingencies. Purchaser’s obligations under this Agreement will be contingent on satisfactory inspections of the Property (by Purchaser or Purchaser’s representatives), including, by way of example but not limitation, the soil, ground water, and other components of the Property, at Purchaser’s sole option and expense, within 30 business days after Purchaser’s receipt of an accepted copy of this Agreement from Seller. If Purchaser, in Purchaser’s sole discretion, is not satisfied with the results of the physical inspections for any reason, Purchaser will notify Seller in writing within 7 business days after the expiration of the 30-day inspection period. If the inspection (or inspections) or tests are not satisfactory to Purchaser, on receipt of written notice, Seller will immediately refund to Purchaser all sums deposited by Purchaser under this Agreement and this Agreement will be terminated and of no further force and effect. If no written objection is made by Purchaser within the stated period, this inspection contingency will be deemed to be waived by Purchaser and the parties will proceed to closing in accordance with the terms of this Agreement. Purchaser’s obligations under this Agreement will also be contingent on Seller, at Seller’s sole expense, obtaining an inspection of the soil percolation systems by the county department of environmental health or other county agency responsible for conducting these tests or a private contractor who is duly licensed and qualified to conduct these tests within 10 business days of Purchaser’s receipt of an accepted copy of the Agreement from Seller. Within the 10-day period, Seller will deliver to Purchaser a written report of the inspection and tests, signed by the appropriate governmental agency. Purchaser will have 3 business days after actual receipt by Purchaser of the written report to notify Seller of Purchaser’s dissatisfaction with the results of the inspection or tests. If the inspection or tests are not satisfactory to Purchaser, on receipt of written notice, Seller will immediately refund to Purchaser all sums deposited by Purchaser under this Agreement where this Agreement will be terminated and of no further force and effect. If no written objection is made by Purchaser within the stated period, this soil percolation contingency will be deemed to be waived by Purchaser and the parties will proceed to closing in accordance with the terms of this Agreement and Purchaser will be deemed to have purchased the Proper...
Purchasers Contingencies. Purchaser’s obligation to purchase the Property is expressly contingent upon the following (collectively, “Purchaser’s Contingencies”):
Purchasers Contingencies. Purchaser’s obligation to consummate the transactions herein contemplated is contingent upon the following which shall be released as noted below in this Paragraph 12:
Purchasers Contingencies. Purchaser’s obligations under this Agreement are contingent upon Purchaser’s satisfaction with each of the following prior to the Closing Date (“Purchaser’s Contingencies”):
Purchasers Contingencies. In the event that any contingency set forth in this Section 5 has not been either satisfied or waived as of the Contingency Termination Date, or by written agreement of the parties to be satisfied or waived on the Closing, Purchaser may elect, by written notice to Escrow Holder and Seller, to terminate this Agreement and the parties shall bear equally all costs and fees of Escrow Holder incurred in so terminating the Escrow. In the event of such termination, the Initial Deposit shall be returned to Purchaser, Purchaser shall promptly deliver any final reports prepared by Purchaser's consultants (other than confidential attorney-client or attorney work product privileged documents) relating in any way to the Property ("Due Diligence Reports") to Seller, and the Escrow shall thereupon be canceled, and neither party shall have any further obligation to the other (except for the indemnification obligations of Purchaser set forth in Section 5(b)(1) below and the confidentiality obligations of Purchaser set forth in Section 26 below). The "Contingency Period" as used in this Agreement shall mean the period commencing on July 30, 1999 and continuing until 4:00 p.m. (California Time) on September 21, 1999 ("Contingency Termination Date").
