Failure to Deliver. The failure of Purchaser or Seller to make any delivery required above by and in accordance with this Article IV which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicable.
Appears in 8 contracts
Samples: Sale, Purchase and Escrow Agreement (Resource Apartment REIT III, Inc.), Sale, Purchase and Escrow Agreement (Resource Apartment REIT III, Inc.), Sale, Purchase and Escrow Agreement (KBS Strategic Opportunity REIT II, Inc.)
Failure to Deliver. The failure of Purchaser or Seller to make any delivery required above by and in accordance with this Article ARTICLE IV which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicable.
Appears in 3 contracts
Samples: Sale, Purchase and Escrow Agreement (Behringer Harvard Opportunity REIT I, Inc.), Purchase and Sale Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp), Sale, Purchase and Escrow Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Failure to Deliver. The failure of Purchaser or Seller to make any delivery required above by and in accordance with this Article IV 4, which is not waived by the other party party, shall constitute a default hereunder by Purchaser or Seller, as applicable.; provided, however, that:
Appears in 3 contracts
Samples: Sale, Purchase and Escrow Agreement, Sale, Purchase and Escrow Agreement, Sale, Purchase and Escrow Agreement (Maui Land & Pineapple Co Inc)
Failure to Deliver. The failure of Purchaser Buyer or Seller Sellers to make any delivery required above by and in accordance with this Article IV which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicablesuch Party.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement (Talon Real Estate Holding Corp.)
Failure to Deliver. The failure of Purchaser or Seller to make any delivery required above by and in accordance with this Article IV (except, with respect to Seller, Section 4.2.10 (Tenant Estoppels) after Seller’s commercially reasonable efforts, which shall be handled in the manner provided in Section 3.1) which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicable.
Appears in 2 contracts
Samples: Sale, Purchase and Escrow Agreement, Sale, Purchase and Escrow Agreement (Industrial Property Trust Inc.)
Failure to Deliver. The failure of Purchaser or Seller to make any delivery required above by and in accordance with this Article IV ARTICLE 4 which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicable.
Appears in 1 contract
Failure to Deliver. The failure of Purchaser Buyer or Seller to make any delivery required above by and in accordance with this Article IV which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicablesuch party.
Appears in 1 contract
Samples: Sale, Purchase and Escrow Agreement (Behringer Harvard Reit I Inc)
Failure to Deliver. The failure of Purchaser Buyer or Seller to make any delivery required above by and in accordance with this Article IV which is not waived by the other party shall constitute a default hereunder by Purchaser or Seller, as applicablesuch Party.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)
