Defective Properties definition
Examples of Defective Properties in a sentence
For the avoidance of doubt, to the extent that the ▇▇▇▇▇▇▇ Properties are excluded pursuant to Section 5(e), such ▇▇▇▇▇▇▇ Properties shall not be deemed to be Defective Properties or otherwise taken into account for purposes of whether the Defective Properties Threshold has been equaled or exceeded.
Notwithstanding the foregoing, there shall not be a failure of a condition as set forth above unless such failed condition affects Assigned Interests and/or Direct Sale Properties, or a combination thereof, which in the aggregate equal or exceed the Defective Properties Threshold.
Seller and Purchaser hereby agree and acknowledge that Purchaser shall provide a list of such Defective Properties to Seller, setting forth the address of each Defective Property.
In addition, Seller shall have the right to cure any Defective Properties as set forth in Section 3(c).
In the event that more than three (3) ------------------------ Properties shall be designated Defective Properties and Excluded Properties pursuant to Section 3.2(c), either the HSD Parties or the Company shall have the -------------- right to terminate this Agreement by the giving of written notice thereof to the other on or prior to the Closing Date, whereupon, no party shall have any further rights or obligations under this Agreement except those which expressly survive such termination.
Seller may, at Seller's option, delay the Closing on all of the Properties in order to cure such Defect with respect to each Property affected ("Defective Properties").