Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, or for any reason whatsoever, Buyer may terminate this Agreement by written notice to Seller at any time prior to the expiration of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement, the First Deposit shall be paid to Seller and the Second Deposit shall be paid to Buyer. In the event Buyer fails to terminate this Agreement prior to the expiration of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement under and in accordance with this Article 5. Buyer and Seller each acknowledge and agree that although Buyer may continue to conduct Due Diligence after the Due Diligence Period, Buyer does not have the right to terminate this Agreement after the Due Diligence Period pursuant to this Article 5 and the First Deposit and Second Deposit are non-refundable to Buyer as and to the extent set forth in Section 3.1.1.
Termination of Agreement During Due Diligence Period. If Buyer is not satisfied, in Buyer's sole discretion, with the results of its Due Diligence during the Due Diligence Period, Buyer may terminate this Agreement by written notice to Seller given in accordance with the provisions of Section 14.9 hereof at any time prior to 5:00 p.m. Central Time on the last day of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement and Buyer shall be entitled to the return of the Deposit. In the event Buyer fails to terminate this Agreement prior to 5:00 p.m. Central Time on the last day of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement in accordance with this Article 4 and shall be obligated to deliver the Additional Earnest Money to the Xxxxxx Agent. Subject to Seller's prior approval, which shall not be unreasonably withheld or delayed, Buyer shall have the right after the expiration of the Due Diligence Period to conduct further physical examinations, inspections, testing, studies and/or investigations regarding the Property, but such additional examinations, inspections, testing, studies and/or investigations shall not extend the Due Diligence Period.
Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, Buyer may terminate this Agreement by written notice to Seller given in accordance with the provisions of Section 16.9 hereof at any time prior to 5:00 p.m. Eastern Time on the first business day following the expiration of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement, and Buyer shall be entitled to the return of the Deposit. In the event Buyer fails to terminate this Agreement prior to 5:00 p.m. Eastern Time on the first business day following the expiration of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement in accordance with this Article 5.
Termination of Agreement During Due Diligence Period. If, for any reason whatsoever, Buyer, in its sole and exclusive discretion, shall be dissatisfied, in whole or in part, with the results of its due diligence investigation, it may, at any time prior to the Due Diligence Termination Date, terminate this Agreement by written notice of termination ("TERMINATION NOTICE") to Seller's attorney. For purposes of this Section 7(c), fax notice, to the fax number indicated in Article 14 of this Agreement, shall be acceptable. If Buyer elects to terminate this Agreement as aforesaid, this Agreement shall be null and void and be of no further force and effect, and neither party shall have any further obligations to the other party. If a Termination Notice is not sent to Seller's attorney on or before the Due Diligence Termination Date, this Agreement shall continue in full force and effect in accordance with its terms. Termination of this Agreement in accordance with this provision shall also constitute termination of the other three Ovox Acquisition Agreements.
Termination of Agreement During Due Diligence Period. If Buyer is not reasonably satisfied with the results of its Due Diligence during the Due Diligence Period, Buyer may terminate this Agreement in its entirety by written notice to Seller given in accordance with the provisions of Section 13.9 hereof at any time prior to 5:00 p.m. Central Time on the last day of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement, Buyer shall be entitled to the return of the Deposit. In the event Buyer fails to terminate this Agreement prior to 5:00 p.m. Central Time on the last day of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement in accordance with this Article 4.
Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, Buyer may terminate this Agreement by written notice to Seller at any time prior to the expiration of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement and Buyer shall be entitled to the return of the Deposit. In the event Buyer fails to terminate this Agreement prior to the expiration of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement in accordance with this Article 5.
Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, Buyer may terminate this Agreement for any reason or no reason whatsoever by written notice to Seller at any time prior to the expiration of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement and Buyer shall be entitled to the return of the Deposit. In the event Buyer fails to terminate this Agreement prior to the expiration of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement in accordance with this Article 5. Buyer and Seller each acknowledge and agree that Buyer shall have no additional period after the expiration of the Due Diligence Period to conduct further Due Diligence.
Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, Buyer may terminate this Agreement by written notice to Seller at any time prior to the expiration of the Due Diligence Period, which written notice shall specify the reason for Buyer’s termination of this Agreement, and, in the event of such termination prior to the expiration of the Due Diligence Period, (a) neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement and (b) Buyer shall be entitled to the return of either (i) the entire Deposit, in the event Buyer terminates this Agreement due to (a) its disapproval of any title matters affecting the Property (including matters disclosed by a survey of the Property) and/or zoning affecting the Property, (b) its review and disapproval of matters and documents relating to the cash flow generated from the operations of the Property (including, without limitation, the credit worthiness of tenants at the Property) except that Buyer shall not have the right to disapprove any of the economics (including, without limitation, lease terms, leasing costs, other operating revenue, operating costs and capital expenditures) relating to the cash flow generated form the operations of the Property if, and to the extent, (i) such economics are set forth in the offering memorandum made available to Buyer by Seller, and (ii) the economics set forth in such offering memorandum are true and correct, or (c) its disapproval of the physical condition of the Property (including, without limitation, the condition of all improvements situated thereon and the existence of any hazardous substances on the Property or discharged by the Property) to the extent the estimated cost of remedying such physical condition is expected (in Buyer’s reasonable judgment), in the aggregate, to exceed $100,000 or (ii) the Refundable Portion of the Deposit, in the event Buyer terminates this Agreement due to any reason other than those set forth in clause (i) above. In the event Buyer fails to terminate this Agreement prior to the expiration of the Due Diligence Period, Buyer shall be deemed to have waived its rights to terminate this Agreement in accordance with this Article 5.
Termination of Agreement During Due Diligence Period. If Buyer is not satisfied, in Buyer's sole discretion, with the results of its Due Diligence during the Due Diligence Period, Buyer may terminate this Agreement by written notice to Seller given in accordance with the provisions of Section 14.9 hereof at any time prior to 5:00 p.m. Central Time on the last day of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly
Termination of Agreement During Due Diligence Period. If Buyer, in its sole and absolute discretion, is not satisfied with the results of its Due Diligence during the Due Diligence Period, Buyer may terminate this Agreement by written notice to Seller at any time prior to 5:00 p.m. Eastern Time on the last day of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement and Buyer shall be entitled to the return of the Initial Deposit. In the event Buyer fails to terminate this Agreement
