Common use of Buyer’s Termination Right Clause in Contracts

Buyer’s Termination Right. Buyer shall have the right at any time before the Termination Deadline to terminate this Agreement if, during the course of Buyer’s investigation of the Property, Buyer determines, in its sole discretion, that the Property is not acceptable to Buyer. Buyer may exercise such termination right by delivering written notice of termination to Seller and Escrow Holder (a “Termination Notice”) before the Termination Deadline. Upon the timely delivery of a Termination Notice, (i) Escrow Holder, without the need for any further instructions from either Seller or Buyer, shall automatically and immediately return to Buyer the Deposit (including all interest accrued thereon), (ii) Buyer shall bear all Escrow cancellation charges and similar fees (“Cancellation Charges”), and (iii) this Agreement shall automatically terminate and be of no further force or effect and neither Party shall have any CONFIDENTIAL TREATMENT REQUESTED *** Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. further rights or obligations under this Agreement, except for the Surviving Obligations. If, for any reason whatsoever, Buyer does not exercise such termination right by delivery of the Termination Notice before the Termination Deadline, Buyer shall be deemed to have elected not to terminate this Agreement.

Buyer’s Termination Right. Buyer shall have the right at any time before the Termination Deadline to terminate this Agreement if, during the course of Buyer’s investigation of the Property, Buyer determines, in its sole discretion, that the Property is not acceptable to Buyer. Buyer may exercise such termination right by delivering written notice of termination to Seller and Escrow Holder (a “Termination Notice”) before the Termination Deadline. Upon the timely delivery of a Termination Notice, (i) Escrow Holder, without the CONFIDENTIAL TREATMENT REQUESTED *** Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. need for any further instructions from either Seller or Buyer, shall automatically and immediately return to Buyer the Deposit (including all interest accrued thereon), (ii) Buyer shall bear all Escrow cancellation charges and similar fees (“Cancellation Charges”), and (iii) this Agreement shall automatically terminate and be of no further force or effect and neither Party shall have any CONFIDENTIAL TREATMENT REQUESTED *** Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. further rights or obligations under this Agreement, except for the Surviving Obligations. If, for any reason whatsoever, Buyer does not exercise such termination right by delivery of the Termination Notice before the Termination Deadline, Buyer shall be deemed to have elected not to terminate this Agreement.

Buyer’s Termination Right. Buyer shall have the right at any time before the Termination Deadline to terminate this Agreement if, during the course of Buyer’s CONFIDENTIAL TREATMENT REQUESTED *** Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. investigation of the Property, Buyer determines, in its sole discretion, that the Property is not acceptable to Buyer. Buyer may exercise such termination right by delivering written notice of termination to Seller and Escrow Holder (a “Termination Notice”) before the Termination Deadline. Upon the timely delivery of a Termination Notice, (i) Escrow Holder, without the need for any further instructions from either Seller or Buyer, shall automatically and immediately return to Buyer the Deposit (including all interest accrued thereon), (ii) Buyer shall bear all Escrow cancellation charges and similar fees (“Cancellation Charges”), and (iii) this Agreement shall automatically terminate and be of no further force or effect and neither Party shall have any CONFIDENTIAL TREATMENT REQUESTED *** Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. further rights or obligations under this Agreement, except for the Surviving Obligations. If, for any reason whatsoever, Buyer does not exercise such termination right by delivery of the Termination Notice before the Termination Deadline, Buyer shall be deemed to have elected not to terminate this Agreement.

Buyer’s Termination Right. As used herein, the term “Due Diligence Termination Date” means 5:00 p.m., Mountain Standard Time, on the date that is 30 days after the Opening of Escrow, as may be extended pursuant to Section 4.2.4. Buyer shall have the right at any time on or before the Due Diligence Termination Deadline Date (as may be extended) to terminate this Agreement if, during the course by delivering written notice of Buyer’s investigation of the Property, such termination to Seller and Escrow Agent if Buyer determines, determines in its sole discretion, and absolute discretion that the Property is not acceptable to Buyer for any reason or no reason, in which case the Deposit shall be immediately returned to Buyer, and the parties shall take the actions set forth in Section 3.3. Buyer may exercise such termination right shall indicate its satisfaction and waiver of the Due Diligence condition described in this Section 4.2 by delivering written notice of termination such satisfaction and waiver (the “Approval Notice”) to Seller and Escrow Holder (a “Agent on or prior to the Due Diligence Termination Notice”) before Date. If Buyer fails to timely deliver the Termination Deadline. Upon Approval Notice to Seller and Escrow Agent, then this Agreement and the timely delivery of a Termination NoticeEscrow shall be automatically deemed terminated, (i) Escrow Holder, without the need for any further instructions from either Seller or Deposit will be returned to Buyer, and the parties shall automatically and immediately return take the actions set forth in Section 3.3. Buyer’s termination right under this Section 4.2.3 is in addition to Buyer the Deposit (including all interest accrued thereon), (ii) Buyer shall bear all Escrow cancellation charges and similar fees (“Cancellation Charges”), and (iii) this Agreement shall automatically terminate and be of no further force or effect and neither Party shall have any CONFIDENTIAL TREATMENT REQUESTED *** Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. further Buyer’s other termination rights or obligations under this Agreement, except for the Surviving Obligations. If, for any reason whatsoever, Buyer does not exercise such termination right by delivery of the Termination Notice before the Termination Deadline, Buyer shall be deemed to have elected not to terminate this Agreement.

Buyer’s Termination Right. Buyer shall have the right at any ------------------------- time on or before the last day of the Due Diligence Period (the "Due --- Diligence Termination Deadline Date") to terminate this Agreement if, during the course of Buyer’s investigation of the Property, if Buyer determines, -------------------------- determines in its sole discretion, and absolute discretion that the Property is not acceptable to Buyer. In the event that Buyer may exercise such termination right by delivering fails to deliver a written notice of termination to Seller and Escrow Holder (a “Termination Notice”) Agent waiving its termination right under this Section 4.1.4 on or before the Due Diligence Termination Deadline. Upon Date and giving notice of Buyer's intention to proceed with the timely delivery acquisition of a Termination Noticethe Property, then (a) Escrow Agent shall return the Deposit to Buyer, (ib) the parties shall equally share the cancellation charges of Escrow Holder, without the need for any further instructions from either Seller or Buyer, shall automatically Agent and immediately return to Buyer the Deposit "Title Company" (including all interest accrued thereonas hereinafter defined), (ii) Buyer shall bear all Escrow cancellation charges and similar fees (“Cancellation Charges”)if any, and (iiic) this Agreement shall automatically terminate and be of no further force or effect and neither Party party shall have any CONFIDENTIAL TREATMENT REQUESTED *** Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. further rights or obligations under hereunder, other than pursuant to any provision hereof which expressly survives the termination of this Agreement, except for . In the Surviving Obligations. If, for any reason whatsoever, event that Buyer does not exercise such delivers a written notice to Seller and Escrow Agent waiving its termination right by delivery hereunder and giving notice of Buyer's intention to proceed with the acquisition of the Termination Notice Property on or before the Due Diligence Termination DeadlineDate, then Buyer shall be deemed to have elected not unconditionally waived its termination right hereunder and this Agreement shall continue in full force and effect, and the Additional Deposit shall be delivered to terminate this Agreementthe Escrow Agent by Buyer in accordance with the provisions of Section 2.1.