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

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.

Appears in 3 contracts

Samples: Real Estate Purchase and Sale Agreement (Capital Lease Funding Inc), Real Estate Purchase and Sale Agreement (Capital Lease Funding Inc), Real Estate Purchase and Sale Agreement (Capital Lease Funding Inc)

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Termination of Agreement During Due Diligence Period. If Buyer Buyer, in its sole and absolute discretion, is not satisfied, in Buyer's sole discretion, 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 14.9 hereof at any time prior to 5:00 p.m. Central Eastern Time on the last day of the Due Diligence Period, and, in the event of such termination, Buyer shall have no further rights whatsoever to acquire all or any portion of the Property and 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 Eastern 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 Agent5. Subject to Seller's prior approval, which shall not be unreasonably withheld or delayed, Buyer shall have the right 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 conduct terminate this Agreement with respect to such further physical examinations, inspections, testing, studies and/or investigations regarding Due Diligence or otherwise in accordance with this Article 5 after the Property, but such additional examinations, inspections, testing, studies and/or investigations shall not extend expiration of the Due Diligence Period, provided that the foregoing shall in no way limit or restrict Buyer’s other rights hereunder or otherwise.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Realty Capital Healthcare Trust Inc)

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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 AgentExxxxx Xgent. 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.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Capital Lease Funding Inc)

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