Common use of Termination of Agreement During Due Diligence Period Clause in Contracts

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 and the Deposit shall be promptly returned to Buyer. In the event Buyer fails to terminate this Agreement prior to the expiration of the Due Diligence Period, or in the event that the Closing of the sale by APCII of the KV Property occurs prior to the expiration of the Due Diligence Period, then, in either event, 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 although Buyer may continue to conduct Due Diligence after the Due Diligence Period, Buyer acknowledges and agrees that Buyer shall have no right to terminate this Agreement with respect to such further Due Diligence or otherwise pursuant to this Article 5 after the expiration of 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, 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 and the Deposit Buyer shall be promptly returned entitled to Buyerthe return of the Deposit. In the event Buyer fails to terminate this Agreement prior to the expiration of the Due Diligence Period, or in the event that the Closing of the sale by APCII of the KV Property occurs prior to the expiration of the Due Diligence Period, then, in either event, 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 although Buyer may continue to conduct Due Diligence shall have no additional period after the expiration of the Due Diligence PeriodPeriod to conduct further Due Diligence, unless requested by Buyer in writing prior to the expiration of the Due Diligence Period (and Buyer acknowledges and agrees that notwithstanding that Buyer may conduct further Due Diligence, Buyer shall have no further right to terminate this Agreement with respect to such further Due Diligence or otherwise pursuant to in accordance with this Article 5 after the expiration of 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, or for any reason whatsoever, Buyer may terminate this Agreement by written notice to Seller at any time prior to 5:00 p.m. Eastern Time on the expiration 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 the Deposit Buyer shall be promptly returned entitled to Buyerthe return of the Deposit. In the event Buyer fails to terminate this Agreement prior to 5:00 p.m. Eastern Time on the expiration last day of the Due Diligence Period, or in the event that the Closing of the sale by APCII of the KV Property occurs prior to the expiration of the Due Diligence Period, then, in either event, 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 although Buyer may continue to conduct Due Diligence If after the expiration of the Due Diligence PeriodPeriod Buyer conducts further Due Diligence, Buyer acknowledges and agrees that Buyer shall have no further right to terminate this Agreement with respect to such further Due Diligence or otherwise pursuant to in accordance with this Article 5 after the expiration of the Due Diligence PeriodPeriod provided, that the foregoing shall in no way limit or restrict Buyer’s other rights hereunder or otherwise. Buyer and Seller hereby acknowledge that the Due Diligence Period has expired, and Buyer’s right to terminate this Agreement pursuant to this Section 5.3 shall be of no further force and effect.

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 5:00 p.m. Eastern Time on the expiration 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 the Deposit Buyer shall be promptly returned entitled to Buyerthe return of the Deposit. In the event Buyer fails to terminate this Agreement prior to 5:00 p.m. Eastern Time on the expiration last day of the Due Diligence Period, or in the event that the Closing of the sale by APCII of the KV Property occurs prior to the expiration of the Due Diligence Period, then, in either event, 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 although Buyer may continue to conduct further Due Diligence after the expiration of the Due Diligence Periodperiod, provided, however that after the expiration of the Due Diligence Period Buyer conducts such further Due Diligence, Buyer acknowledges and agrees that Buyer shall have no further right to terminate this Agreement with respect to such further Due Diligence or otherwise pursuant to in accordance with this Article 5 after the expiration of 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, or for any reason whatsoever, Buyer may terminate this Agreement by written notice to Seller at any time prior to 5:00 p.m. Eastern Time on the expiration 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 the Deposit Buyer shall be promptly returned entitled to Buyerthe return of the Deposit. In the event Buyer fails to terminate this Agreement prior to 5:00 p.m. Eastern Time on the expiration last day of the Due Diligence Period, or in the event that the Closing of the sale by APCII of the KV Property occurs prior to the expiration of the Due Diligence Period, then, in either event, 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 although Buyer may continue to conduct Due Diligence shall have no additional period after the expiration of the Due Diligence PeriodPeriod to conduct further Due Diligence. If after the expiration of the Due Diligence Period Buyer conducts further Due Diligence, Buyer acknowledges and agrees that Buyer shall have no further right to terminate this Agreement with respect to such further Due Diligence or otherwise pursuant to in accordance with this Article 5 after the expiration of the Due Diligence Period.