Tender and Acceptance of Payment Sample Clauses

Tender and Acceptance of Payment. BUYER shall deposit the Purchase Price with Fidelity National Title Company, 0000 Xxxxxxx Xxxx Xxxx, Xxx Xxxx, XX 00000 (the “Escrow Holder”) no later than two (2) business days prior to the “Closing Date”, as defined below. By its execution of this AGREEMENT, SELLER accepts the Purchase Price as full compensation for the PROPERTY.
Sample 1
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Tender and Acceptance of Payment. BUYER shall deposit with the CITY a $50,000.00 non-refundable cashier’s check made payable to the CITY OF SAN XXXX together with BUYER’s execution and delivery to CITY of this Agreement (the “Initial Deposit”). Upon CITY’s execution of this Agreement, the Initial Deposit shall become non-refundable and shall be credited against the Purchase Price at the Close of Escrow. BUYER shall deposit the remainder of the Purchase Price with “Escrow Holder” no later than one (1) business day prior to the “Closing Date”. BUYER AND CITY AGREE THAT IF, AFTER MUTUAL EXECUTION OF THIS AGREEMENT, BUYER DEFAULTS ON ITS OBLIGATION TO PURCHASE THE SURPLUS PROPERTY PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE DAMAGES TO CITY WOULD BE DIFFICULT AND IMPRACTICAL TO DETERMINE. ACCORDINGLY, BUYER AND CITY HAVE AGREED TO FIX AS LIQUIDATED DAMAGES THE INITIAL DEPOSIT SPECIFIED IN THIS SECTION 3, AND THE EXTENSION PAYMENTS SPECIFIED IN SECTION 5, BUT ONLY TO THE EXTENT THERETOFORE DELIVERED TO CITY PURSUANT TO SECTIONS 3 AND 5, AND SUCH DELIVERED AMOUNTS SHALL BE RETAINED BY CITY AS LIQUIDATED DAMAGES, AND SHALL CONSTITUTE CITY’S SOLE AND EXCLUSIVE REMEDY FOR SUCH DEFAULT. BUYER AND CITY AGREE THAT THIS LIQUIDATED DAMAGES PROVISION IS REASONABLE UNDER THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT, GIVEN THE DIFFICULTY AND IMPRACTICALITY OF DETERMINING CITY’S DAMAGES, THE COSTS OF NEGOTIATING AND DRAFTING THIS AGREEMENT, PERFORMING CITY’S OBLIGATIONS HEREUNDER, KEEPING THE PROPERTY OUT OF THE MARKETPLACE, COSTS OF SEEKING ANOTHER BUYER AND OTHER COSTS INCURRED IN CONNECTION HEREWITH. CITY’S RETAINING SUCH RELEASED AMOUNTS AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY UNDER CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT INSTEAD, IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO CITY PURSUANT TO SECTIONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE. CITY HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 3389. CITY AGREES THAT THESE LIQUIDATED DAMAGES SHALL BE IN LIEU OF ANY OTHER MONETARY RELIEF OR OTHER REMEDY, INCLUDING WITHOUT LIMITATION SPECIFIC PERFORMANCE, TO WHICH CITY OTHERWISE MIGHT BE ENTITLED UNDER THIS AGREEMENT, AT LAW OR IN EQUITY. BUYER AND CITY SPECIFICALLY ACKNOWLEDGE THEIR AGREEMENT TO THE FOREGOING LIQUIDATED DAMAGES PROVISION BY INITIALLING THIS SECTION IN THE APPROPRIATE SPACES PROVIDED BELOW: Buyer’s Initials City’s Initials
Sample 1
Tender and Acceptance of Payment. BUYER shall deposit the Purchase Price ($162,000) with Chicago Title Company, 000 X. 0xx Xxxxxx, xxxxx 000, Xxx Xxxx, XX 00000, Attention: Xxxxxx Xxxxxx (the “Escrow Holder”) no later than two (2) business days prior to the “Closing Date”, as defined below. By its execution of this AGREEMENT, CITY accepts the Purchase Price as full compensation for the PROPERTY.
Sample 1
Tender and Acceptance of Payment. BUYER shall deposit the Purchase Price with First American Title, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX (the “Escrow Holder”) no later than two (2) business days prior to the “Closing Date”, as defined below. By its execution of this AGREEMENT, CITY accepts the Purchase Price as full compensation for the PROPERTY.
Sample 1
Tender and Acceptance of Payment. BUYER shall deposit the entire Purchase Price with First American Title Company (the “Escrow Holder”) on or before the “Closing Date”, as defined below. By its execution of this AGREEMENT, CITY accepts the Purchase Price as full compensation for the PROPERTY. An escrow shall be opened to hold the Purchase Price funds and to close the sale of the PROPERTY pursuant to this AGREEMENT at the office of Escrow Holder at 0000 Xxxxx Xxxxx Xxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000.
Sample 1
Tender and Acceptance of Payment. Prior to the Effective Date, BUYER has deposited with “Escrow Holder” (as defined below) the sum of $10,000 (“Deposit”). BUYER shall deposit the remainder of the Purchase Price with First American Title Insurance Company, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 Attn: Xxxx Xxxxx (the “Escrow Holder”) no later than two (2) business days prior to the “Closing Date”, as defined below. Except as set forth herein to the contrary, upon CITY’s execution of this AGREEMENT, the Deposit (together with any interest accrued thereon) shall become non-refundable, to be retained by CITY as liquidated damages in the event of BUYER's breach of its obligation to purchase the PROPERTY pursuant to this AGREEMENT, but to be credited toward the Purchase Price. By its execution of this AGREEMENT, CITY accepts the Purchase Price as full compensation for the PROPERTY. BUYER shall not be bound by this AGREEMENT until City Council has approved this AGREEMENT. Prior to such approval, BUYER’s delivery of this AGREEMENT to CITY shall constitute an offer to purchase on the terms and conditions set forth herein, revocable at the sole discretion of BUYER upon written notice to CITY.
Sample 1
Tender and Acceptance of Payment. BUYER shall immediately open escrow upon full execution of this Agreement with the Escrow Holder as defined in this Section 3. BUYER shall deposit the amount of Fifty Thousand Dollars ($50,000) with Chicago Title Company, located at 00000 Xxxxxxxx-Xxxxxxxxx Xxxx, Xxxxxxxx, XX 00000, (000) 000-0000 (Phone) (408) 000- 0000 (Fax), Attention: Xxxx Xxxxx, Escrow Branch Mgr., e-mail xxxxxxx@xxx.xxx (the “Escrow Holder”) no later than two (2) business days after the open of escrow. By its execution of this AGREEMENT, SELLER accepts the Purchase Price as full compensation for the PROPERTY. BUYER shall deposit the remaining amount of the Purchase Price with Escrow Holder at least two (2) business days prior to Closing (as defined herein).
Sample 1
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Tender and Acceptance of Payment. BUYER has deposited with CITY a $20,000 cashier’s check made payable to the CITY OF SAN XXXX (“Deposit”) which shall be applicable to the Purchase Price at the closing. In the event of BUYER's breach of this AGREEMENT, the Deposit shall be retained by CITY as liquidated damages as provided by Section 12 of this AGREEMENT. The remainder of the Purchase Price shall be paid pursuant to the terms of the promissory note (“Promissory Note”), in substantially the same form as Exhibit “D”, which will be secured by the trust deed (“Trust Deed”), in substantially the same form as Exhibit “E”. BUYER shall deposit the Promissory Note and Trust Deed, duly executed (and, in the case of the Trust Deed, acknowledged) with First American Title Insurance Company, 0000 X. Xxxxx Xxxxxx, #000, Xxx Xxxx, XX 00000, Attn: Xxx Xxxxxxx (the “Escrow Holder”) no later than two (2) business days prior to the Closing Date. By its execution of this AGREEMENT, CITY accepts the Purchase Price as full compensation for the PROPERTY.
Sample 1

Related to Tender and Acceptance of Payment

  • Offer and Acceptance 25.9.1 To enable candidates to obtain advice or assistance on terms and conditions of employment,

  • Offer and Acceptance of Weekend Overtime (a) The Employer is committed to providing reasonable notice to Employees of an offer / cancellation of weekend overtime. To this end, notice will generally be provided prior to the normal meal break on Thursday. Where the Employer is unable to give such notice the Employer may offer I cancel such overtime by notifying affected Employees before the finish time of ordinary hours on Friday.

  • AGREEMENT AND ACCEPTANCE Seller’s unqualified acceptance of this AGREEMENT is evidenced by either: (i) signing and returning to Buyer a written acknowledgment of this AGREEMENT; (ii) commencing work under such AGREEMENT; or (iii) acceptance of payment. By acceptance of this AGREEMENT as just defined, Xxxxxx agrees to be bound by and comply with all terms and conditions of this AGREEMENT, including any supplements thereto, and all specifications and other documents referred to herein. Any and all other terms, conditions, or obligations offered by Seller in its acceptance of this AGREEMENT are hereby expressly rejected by the Buyer.

  • Installation and Acceptance 4.1 Unless otherwise agreed in the Proposal, SDSD shall install the Product and other Licensed Materials on the Equipment.

  • Appointment and Acceptance The Trust hereby appoints the Distributor as a distributor of shares of beneficial interest in the Trust (the “shares”) which may from time to time be registered under the 1933 Act and as servicing agent of shareholders and shareholder accounts of the Trust, and the Distributor hereby accepts such appointment in accordance with the terms and conditions set forth herein. As the Trust’s agent, the Distributor shall, except to the extent provided in Section 4 hereof, be the exclusive distributor for the unsold portion of the shares.

  • Testing and Acceptance Designer will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. Client, within five (5) business days of receipt of each Deliverable, shall notify Designer, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Designer will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client, the Deliverable shall be deemed accepted.

  • INSPECTION AND ACCEPTANCE (a) LOCKHEED XXXXXX and its customer may inspect all Work at reasonable times and places, including, when practicable, during manufacture and before shipment. SELLER shall provide all information, facilities, and assistance necessary for safe and convenient inspection without additional charge.

  • Delivery and Acceptance All Software provided hereunder will be delivered electronically. We provide trial licenses of the Software for testing and pre-acceptance before purchase and therefore, delivery is deemed complete and accepted when such Software is made available to you. You are responsible for downloading, installing, registering, or otherwise using the Software.

  • ACKNOWLEDGEMENT AND ACCEPTANCE I acknowledge receipt of this User Agreement. I understand and accept all terms and conditions of this User Agreement, and I will comply with the terms and conditions of this agreement and any additional VA warning banners, directives, handbooks, notices, or directions regarding access to or use of information systems or information. The terms and conditions of this document do not supersede the terms and conditions of the signatory’s employer and VA. Print or type your full name Signature Last 4 digits of SSN Date Office Phone Position Title Contractor’s Company Name

  • Limited Acceptance If appropriately indicated herein, Merchant shall be a Limited Acceptance Merchant, which means that Merchant has elected to accept only certain Visa and MasterCard card types as indicated on the Merchant Application, or via later notification. The Visa or MasterCard Credit acceptance option on the Merchant Application refers to Visa Credit and Business transactions, and is what MasterCard refers to as “Other Card” transactions. Notwithstanding anything to the contrary in the Application, Merchant can elect (i) to accept only Visa or MasterCard non-PIN based debit/stored value/electronic benefit transactions (sometimes referred to as “signature debit” transactions, whether or not an actual signature is required), or (ii) to accept only Visa or MasterCard Credit transactions, or (iii) to accept all Visa or MasterCard Credit and signature debit transactions; provided, however, that a Merchant who accepts any Visa or MasterCard Card types must accept all valid Visa or MasterCard Card types issued by a non-U.S. issuer. Merchant is not required to accept Card brands other than Visa or MasterCard in order to accept Visa or MasterCard Cards (except that transactions using Diner’s International Cards which also carry the MasterCard Xxxx must be accepted if Merchant accepts MasterCard Card transactions of the same type). Bank has no obligation other than those expressly provided under the Operating Rules and applicable law as they may relate to Limited Acceptance. Bank’s obligations do not include policing card types at the point of sale. Merchant will be solely responsible for the implementation of its decision for limited acceptance including but not limited to policing the card type(s) of transactions at the point of sale submitted for processing by Bank. Should Merchant submit a transaction for processing for a card type it has indicated it does not wish to accept, Bank may process that transaction and Merchant will pay the applicable fees, charges, and assessments associated with that transaction. Merchant will comply with any applicable laws and Operating Rules for the card type processed.

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