Contingency Date. By the Contingency Date, Buyer shall have the right to deliver to Seller, in its sole and absolute discretion, written approval of all inspections, investigations, tests and studies with respect to the matters set forth in Section 2.2 (the “Approval Notice”). In the event Buyer has not provided Seller, by the Contingency Date, with the Approval Notice, Buyer’s inspections, investigations, tests and studies set forth in Section 2.2 shall be deemed to be disapproved, and this Agreement shall terminate. Upon such termination, (a) each party shall promptly execute and deliver to Escrow Holder such documents as Escrow Holder may reasonably require to evidence such termination, (b) Escrow Holder shall return all documents to the respective parties who delivered such documents to Escrow, (c) Escrow Holder shall remit the Initial Deposit together with any accrued interest on such funds to Seller and the Additional Deposit together with any accrued interest on such funds to Buyer, (d) the cancellation charges required to be paid by and to Escrow Holder and the Title Company shall be borne by Seller, if any, (e) Buyer shall return to Seller all Property Information in Buyer’s possession relating to the Property, and any Due Diligence Reports (subject to Section 2.2(a)(1)(x)), (f) the respective obligations of Buyer and Seller under this Agreement shall terminate and (g) each party shall bear its own costs hereunder. For clarity, the termination of this Agreement for any reason shall not terminate the parties’ rights and obligations that expressly survive this Agreement, nor the parties’ rights and obligations with respect to the Access Agreement or any confidentiality agreement between the parties, which shall remain in full force and effect in accordance with their terms. If Buyer provides the Approval Notice by the Contingency Date, then Buyer shall be considered to have elected to proceed with the purchase of the Property in accordance with this Agreement.
Contingency Date. Notwithstanding anything to the contrary provided in the Contract, Purchaser and Seller hereby acknowledge and agree that the “Contingency Date” shall mean July 14, 2016.
Contingency Date. Seller shall deliver to Buyer the Wal-Mart Waiver, Mortgage Agreement, Title Commitment (which shall include complete and legible copies of all recorded and unrecorded documents referenced therein) , Survey, Environmental Assessment and notice of -receipt of the limited partner's consent in accordance with Sections 3.01, 3.02, 3.03, 3.04, 3.05 and 3.06 hereof. if Buyer shall consider any of such items as unsatisfactory, then Buyer must notify Seller of its specific objection within seven (7) days of receipt thereof provided that with respect to title, it shall be seven (7) days after Buyer's receipt of the later of the Survey or the Title Commitment. Seller shall then have fifteen (15) days to cure such objection to the reasonable satisfaction of Buyer, unless Seller notifies Buyer that it will -require additional time to cure the objection, which additional time cannot exceed fifteen (15) days, unless otherwise agreed by the parties, at the end of which period the specific condition precedent will be satisfied, unless waived without any adjustment to the Purchase Price or deemed unsatisfied by Buyer. In the event any condition is unsatisfied, the provisions of section 2.02(a) (i) (cc) shall apply, this Agreement shall be null and void and neither party
Contingency Date. The “Contingency Date” as set forth and defined in Subsection 1 of the Purchase Agreement is hereby amended to mean “April 5, 2013.”
Contingency Date. The date which is March 30, 2018.
Contingency Date. The Contingency Date has expired and Buyer has, subject to the terms of this Amendment, waived and hereby waives any further right to terminate the Purchase Agreement under Section 3.5
Contingency Date. June 1, 2006 Earnest Money. The earnest money deposit , together with any xxxxxxst earned thxxxxx, made by Purchaser and held by Title Company described Section 3.2.1.
Contingency Date. The Contingency Date under the Purchase Agreement shall be March 12, 1998.
Contingency Date. The Contingency Date as defined in Section 26.21 (“Contingency”) of the Lease is hereby deleted in its entirety and amended to be on or before November 30, 2021 (the “Contingency Date”). All other terms and conditions outlined in Section 26.21 of the Lease shall remain in full force and effect.
Contingency Date. Notwithstanding anything to the contrary contained in the Termination Agreement, the reference in Section 1 of the Termination Agreement to “September 1, 2023,” is hereby deleted in its entirety and replaced with “September 15, 2023.” As a result thereof, in the event the Contingency is not satisfied by September 15, 2023, then the Termination Agreement shall be automatically null and void and of no further force or effect.
