Expiration of Due Diligence Period. Buyer shall approve or disapprove, in writing, Buyer's due diligence on or before expiration of the Due Diligence Period. If Buyer disapproves Buyer's due diligence, in writing, on or before expiration of the Due Diligence Period, this Agreement shall terminate and Escrow Holder shall deliver to Buyer the Deposit and thereafter, neither Seller nor Buyer shall have any further obligation or liability under this Agreement, except for the Obligations Surviving Termination (as hereinafter defined).
Expiration of Due Diligence Period. Buyer hereby acknowledges and agrees that the Due Diligence Period has expired as of the Effective Date and that Buyer may terminate this Agreement hereinafter only pursuant to and in accordance with Section 5(a) (Buyer’s Conditions), Section 6(c) (Seller’s Default) or Section 11 (Risk of Loss) of this Agreement below.
Expiration of Due Diligence Period. If any of the matters in Section 3.01 or any other title or survey matters are unsatisfactory to Purchaser for any reason, or for no reason whatsoever, in Purchaser’s sole and absolute discretion, then Purchaser shall have the right to terminate this Agreement by giving written notice to that effect to Seller and Title Company no later than 5:00 p.m. on the date of expiration of the Due Diligence Period. If Purchaser provides such notice, this Agreement shall terminate and be of no further force and effect. If Purchaser fails to provide Seller with written notice of termination prior to the expiration of the Due Diligence Period, Purchaser’s right to terminate under this Section 3.01 shall be permanently waived and this Agreement shall remain in full force and effect, and Purchaser’s obligation to purchase the Property shall be conditional only as specifically provided in this Agreement.
Expiration of Due Diligence Period. Prior to the execution of this Agreement, the Buyer was given a period of time to undertake its due diligence review of the Property (the “Due Diligence Period”). The Due Diligence Period expired at 6:00 p.m. Eastern Time on March 27, 2007. Except for certain title matters which Seller already is obligated to cure or to address as expressly set forth in Article 7 above, Buyer has accepted all other aspects of the condition of the Property and shall no longer have the right to terminate the P&S Agreement on account thereof. The Due Diligence Period as defined in this Section 8.3 has terminated. Notwithstanding the foregoing, Buyer shall have the right to continue to have access to the Property for further review and inspection pursuant to Section 8.1, but Buyer shall not be entitled to terminate this Agreement based upon such further inspection, except as expressly provided in clause (d) of Section 4.2.
Expiration of Due Diligence Period. Unless Buyer delivers a notice (the "Termination Notice") to Seller before the end of the Due Diligence Period that Buyer elects to terminate this Agreement, Buyer shall be deemed to have elected to proceed with the transactions contemplated in this Agreement and to waive further diligence and investigation without any conditions or qualifications. If this Agreement is terminated in accordance with this Section 4(j), Buyer shall obtain a return of the Deposit within three (3) Business Days and neither Party shall have any rights or obligations hereunder (except to the extent otherwise provided herein with respect to obligations and liabilities that expressly survive the termination of this Agreement). If Buyer does not timely deliver the Termination Notice, the Deposit shall be deemed nonrefundable to Buyer, except in instances of Seller default under this Agreement, failure of the Buyer's Conditions Precedent to be satisfied or waived in writing by Buyer, or as otherwise expressly set forth in this Agreement. Buyer may determine to deliver or not to deliver a Termination Notice in its sole and absolute discretion for any reason or no reason.
Expiration of Due Diligence Period. Buyer shall have until expiration of the Due Diligence Period to deliver notice to Seller and Title Company that Buyer has approved its due diligence evaluation of the Property (the “Approval Notice”), which Buyer may approve or disapprove in its sole and absolute discretion. During the Due Diligence Period, Buyer may send a notice terminating this Agreement because, based on the results of its due diligence evaluation of the Property, Buyer elects not to purchase the Property (“Termination Notice”). Notwithstanding anything herein contained to the contrary, Buyer shall not give the Approval Notice unless it has obtained the Order prior to such Approval Notice. However, Buyer may send the Termination Notice at any time during the Due Diligence Period. If Buyer does not deliver the Approval Notice to Seller before the end of the Due Diligence Period, Buyer shall be deemed to have elected to terminate this Agreement. If Buyer elects, or is deemed to have elected, to terminate this Agreement in accordance with this Section 4(f), Seller shall cause the Title Company to return the Deposit plus interest accrued thereon to Buyer, and neither party shall have any rights or obligations hereunder (except to the extent otherwise provided herein). If Buyer timely gives the Approval Notice (and has theretofore obtained the Order), this Agreement shall continue in effect and the Deposit shall be deemed nonrefundable to Buyer.
Expiration of Due Diligence Period. Buyer shall have until expiration of the Due Diligence Period to deliver notice (hereinafter the "Approval Notice") to Seller and Title Company that Buyer has approved its due diligence evaluation of the Property, which Buyer may approve or disapprove in its sole and absolute discretion. If Buyer does not deliver the Approval Notice before the end of the Due Diligence Period, Buyer shall be deemed to have elected to terminate this Agreement. If Buyer elects, or is deemed to have elected, to terminate this Agreement in accordance with this Section 4(h), the First Deposit shall be returned to Buyer and neither party shall have any rights or obligations hereunder (except to the extent otherwise provided herein). If Buyer timely gives the Approval Notice, Buyer shall, within two (2) business days, make the Second Deposit.
Expiration of Due Diligence Period. The parties acknowledge that, notwithstanding anything else contained in this Agreement to the contrary, the Due Diligence Period shall be deemed to have expired prior to the date hereof for all purposes under this Agreement.
Expiration of Due Diligence Period. By executing this Second Amendment, the parties to the Contract acknowledge and agree that any rights and obligations accruing to each party under the Contract prior to the Due Diligence Date are hereby terminated, except as may be set forth herein and except as those rights or obligations extend beyond the Due Diligence Date as set forth in the Contract. Notwithstanding the foregoing, Buyer shall have until (a) thirty (30) days after receipt of the Northlake Put Notice to provide Seller with notice of Buyer's desire to assume the Existing Indebtedness in connection with the purchase of the Northlake Property, and (b) thirty (30) days after receipt of the Riverport Put Notice to provide Seller with notice of Buyer's desire to assume the Existing Indebtedness in connection with the purchase of the Riverport Property.
Expiration of Due Diligence Period. Buyer acknowledges and agrees that it shall have no further right to terminate the Purchase Agreement pursuant to Section 4.2.1 (b) or Section 5.3 of the Purchase Agreement.
