Purchaser’s Costs definition

Purchaser’s Costs has the meaning ascribed to such term in Section 3.3.

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Purchaser’s Costs means (1) the actual expenses incurred by Purchaser, not to exceed the aggregate sum of $75,000.00 paid or payable to (A) to Purchaser’s attorneys (including in-house attorneys) in connection with the negotiation of this Contract or the proposed purchase of the Property, (B) to third party consultants in connection with the performance of examinations, inspections and/or investigations of the Property or (C) to any potential lender in connection with any proposed financing of the Property, plus, (2) only in the event such Seller’s default or breach is an Intentional Default (as hereinafter defined) any non-refundable "rate lock" or "spread lock" deposits or fees paid not more than five (5) Business Days prior to the scheduled Closing Date in connection with any proposed financing of Purchaser (and with not less than 1 Business Day prior written notice thereof to Seller) not to exceed the aggregate sum of $539,000. For purposes of this Contract, "Intentional Default" means any one or more of the following: (A) fraud by Seller, or (B) Seller’s refusal to Close in accordance with the terms of this Contract, or (C) (1) a conveyance of the Property by Seller to another person or entity in violation of the terms of this Contract or (2) an intentional act of Seller that results in a monetary encumbrance or lien against the Property that Seller (x) does not bond or otherwise remove at or prior to Closing, or (y) does not certify in writing to Purchaser that, to Seller’s Knowledge, (i) such lien was filed in bad faith, or (ii) results from work performed at the direction of a tenant or other third party, or (iii) is otherwise invalid or improper. Purchaser's remedies shall be limited to those described in this Section 11(b). The provisions of this Section 11(b) shall survive the Closing or any termination of this Contract. If Closing is consummated, then Purchaser shall have the rights and remedies set forth in this Contract if Seller fails to perform any post-closing obligation of Seller under this Contract.

Purchaser’s Costs means all out-of-pocket costs and expenses incurred by Purchaser in the negotiation, execution, performance, permitted actions or due diligence review under or in connection with this Agreement. Purchaser will be entitled to exercise any and all remedies available at law or in equity, singly or in any combination, with respect to the enforcement of the obligations and liabilities of the Selling Parties under this Agreement (including breach of a representation or warranty under this Agreement) which are to survive each Closing or in any Closing Document, but all remedies at law are subject to the limitations and thresholds contained in the indemnification provisions set forth in Appendix 10.

Examples of Purchaser’s Costs in a sentence

Seller’s obligation to pay the Purchaser’s Costs shall survive any termination of this Agreement.
Notwithstanding the foregoing, if Seller shall willfully default in its obligation to close the transaction hereunder on the Closing Date and/or specific performance shall not be a legally available remedy to Purchaser, then Purchaser shall be entitled to (and Seller shall reimburse Purchaser for) Purchaser’s Costs (which reimbursement obligation shall survive the termination of this Agreement).
Purchaser hereby agrees to indemnify, protect, defend and hold Seller harmless from and against all loss, liability, cost and expenses (including, but not limited to, reasonable attorneys’ fees) that Seller actually suffers or incurs as a result of the failure by Purchaser to timely pay or discharge any of the Purchaser’s Costs.
Notwithstanding the foregoing, if Seller shall willfully default in its obligation to close the transaction hereunder on the Closing Date and specific performance is not a legally available remedy to Purchaser, then Purchaser shall be entitled to (and Seller shall reimburse Purchaser for) Purchaser’s Costs not to exceed Seventy-Five Thousand and 00/100 Dollars ($75,000.00) (which reimbursement obligation shall survive the termination of this Agreement).
Notwithstanding the foregoing, if Seller shall willfully default in its obligation to close the transaction contemplated hereunder on the Closing Date and specific performance shall not be a legally available remedy to Purchaser as a result thereof, then Purchaser shall: (a) have the right to receive a return of the ▇▇▇▇▇▇▇ Money; and (b) be entitled to all damages suffered by Purchaser of any kind whatsoever, including Purchaser’s Costs.

More Definitions of Purchaser’s Costs

Purchaser’s Costs means for the Primary Closing only all out-of-pocket costs and expenses incurred by Purchaser in the negotiation, execution, performance, permitted actions or due diligence review under or in connection with this Agreement. For the Delayed Closing, Purchaser’s Costs shall mean only the additional fees and costs incurred to enforce specific performance against the Escrow Agent holding the applicable Seller’s Closing Documents.

Purchaser’s Costs means the normal valuation practice deductions from Gross Capital Value applicable at the relevant time reflecting a purchaser’s costs of acquisition;

Purchaser’s Costs is defined for the purpose of this Agreement as the expenses and damages, if any, actually incurred by Purchaser for: (A) title examination, survey, and municipal searches, including the issuance of Purchaser’s Title Report and any continuation thereof, without issuance of a title insurance policy; (B) fees paid to Purchaser’s consultants for preparing any environmental and engineering reports with respect to the Property; and (C) the actual third-party costs incurred by Purchaser in connection with the negotiation of this Agreement and Purchaser’s due diligence with respect to the Property, including, without limitation, reasonable attorneys’ fees and costs.

Purchaser’s Costs means all of the expenses actually incurred by Purchaser for: (x) title examination, survey, and municipal searches, including the issuance of the Title Commitment and any continuation thereof, without issuance of a title insurance policy; (y) fees paid to Purchaser’s engineer for preparing any environmental and engineering reports with respect to the Property (if applicable); and (z) the actual and reasonable third-party costs incurred by Purchaser in connection with the negotiation of this Agreement, Purchaser’s due diligence with respect to the Property, or Purchaser’s proposed acquisition financing, including, without limitation, reasonable attorneys’ fees and commitment fees, but not to exceed a total of $50,000.00 for all items included in sub-clauses (x), (y) and (z) above.

Purchaser’s Costs is defined for the purpose of this Agreement as the expenses, if any, actually incurred by Purchaser for: (i) title examination, survey, and municipal searches, including the issuance of the Title Commitment and any continuation thereof, without issuance of a title insurance policy, and issuance of the Title Policy; (ii) fees paid to Purchaser’s engineer for preparing any environmental and engineering reports with respect to the Property; (iii) costs of Purchaser’s Inspections, and (iii) the actual and reasonable third-party costs incurred by Purchaser in connection with the negotiation of this Agreement and Purchaser’s due diligence with respect to the Property, including, without limitation, reasonable attorneys’ fees.

Purchaser’s Costs means the actual, reasonable third-party documented out-of-pocket expenses incurred by Purchaser in connection with entering into this Agreement, making and causing to be made evaluations and investigations of the Property, and arranging financing to consummate the purchase of the Property (including, but not limited to, non-refundable loan commitment fees and other borrowing costs); (mm)

Purchaser’s Costs means the out-of-pocket costs and expenses paid or incurred by Purchaser, not to exceed Twenty-Five Thousand and 00/100 ($25,000.00), including without limitation, reasonable fees and disbursements of attorneys and other professionals engaged by Purchaser in connection with its evaluation of the Property, engineering and environmental testing, title examination and survey, and preparation and negotiation of this Agreement.