Formal Inspection Period. Buyer's obligation to close under this Agreement is subject to and conditioned upon Buyer's investigation and study of and satisfaction with the Property as set forth in this Article VII. Buyer shall have until the Inspection Date in which to make such investigations and studies with respect to the Property as Buyer deems appropriate and to elect to terminate the transaction contemplated by this Agreement, in Buyer's sole and absolute discretion, for any reason or no reason, by written notice delivered to Seller prior to the Inspection Date (“Termination Notice”). If Buyer does not provide the Termination Notice to Seller on or before the Inspection Date, then Buyer will be deemed to have elected not to terminate this Agreement pursuant to this Section 7.3. If Buyer terminates this Agreement on or before the Inspection Date pursuant to this Section 7.3, the Xxxxxxx Money, plus all interest accrued thereon, shall be returned to Buyer and neither party shall have any further obligations hereunder except for those obligations that expressly survive termination of this Agreement. If Buyer terminates this Agreement pursuant to this Section 7.3 then Buyer shall be required to terminate each Other PSA pursuant to Section 7.3 of each Other PSA.
Formal Inspection Period. Buyer’s obligation to close under this Agreement is subject to and conditioned upon Buyer’s investigation and study of and satisfaction with the Property as set forth in this Section 6. Buyer shall have until 6:00 p.m. E.S.T. on the Inspection Date in which to make such investigations and studies with respect to the Property as Buyer deems appropriate and to terminate this Agreement, by written notice delivered to Seller and Escrow Agent if Buyer is not, for any reason, satisfied with the Property in which case the Xxxxxxx Money shall be returned by Escrow Agent to Buyer without any further action (including, but not limited to, any consent of, or direction from, Seller), and neither party shall have any further obligations hereunder except for those obligations of Buyer set forth in Sections 6.3 and 6.5. If Buyer fails to deliver written notice to Seller of its election to terminate this Agreement on or before 6:00 p.m. E.S.T. on the Inspection Date, then Buyer’s termination rights under this Section 6 shall be deemed to have been waived by Buyer, the Xxxxxxx Money shall be non-refundable (unless Seller defaults as provided herein or unless any conditions precedent to Buyer’s obligation to close, as such conditions precedent are specifically provided under this Agreement, are not satisfied or waived by Buyer), and the parties shall proceed with the transaction pursuant to the remaining terms and conditions of this Agreement.
Formal Inspection Period. Notwithstanding Buyer’s right of inspection contained in Section 6.3 above, with respect to the condition of the Property, Buyer’s obligation to close under this Agreement is subject to and conditioned upon Buyer’s investigation and study of and satisfaction with the Property and the suitability of the Property for Buyer’s intended investment and use. Buyer shall have until December 21, 2010 (the “Inspection Date”) in which to make such investigations and studies with respect to the Property as Buyer deems appropriate, and either to terminate this Agreement, in its sole and absolute discretion, if Buyer is not, for any reason satisfied with the Property or to waive its termination right under this Section 6.4. If Buyer fails to give Seller written notice waiving its termination rights hereunder on or before the Inspection Date, then Buyer shall be deemed to have terminated this Agreement, $100 of the Xxxxxxx Money shall be paid to Seller for the rights granted Buyer hereunder and the balance of the Xxxxxxx Money shall be refunded to Buyer by Escrow Agent without any directions from Seller and despite any objections or potential objections by Seller, and the parties shall have no further rights or obligations hereunder, except for those which expressly survive any such termination, and thereafter, Buyer shall promptly provide to Seller, without charge, copies of any reports, surveys, drawings, tests or other written documents obtained by Buyer from third parties with respect to the Property, without any representation or warranty whatsoever. If Buyer delivers written notice waiving its termination rights under this Section 6.4 on or before the Inspection Date, then this Agreement shall remain in full force and effect.
Formal Inspection Period. Notwithstanding Buyer’s continuing right of inspection contained in Section 6.2 above, Buyer shall have until June 1, 2021 (the “Inspection Date”) in which to make such investigations, inspections, tests and studies permitted herein with respect to the Property, the Due Diligence Documents, and any other thing or matter relating to the Property as Buyer deems appropriate, and, at the sole discretion of Buyer, to terminate this Agreement on or before such Inspection Date if Buyer is not, for any reason or for no reason, satisfied with the Property. Simultaneously with the execution of this Agreement, Seller shall deliver to Buyer Seller’s written certification that Seller has provided Buyer with all of the Due Diligence Documents (the “Due Diligence Certification”). The Due Diligence Certification shall be in the form attached hereto as Exhibit C. If Buyer terminates this Agreement on or before the Inspection Date, then neither party shall have any further obligation to the other except as to provisions herein which expressly survive termination and that certain Confidentiality and Non-Disclosure Agreement by and between Buyer and Parent dated December 4, 2020, which shall survive such termination. This Section 6.3 shall not be deemed to limit Buyer’s additional termination rights under any other section of this Agreement. Within two (2) business days following the Inspection Date, Buyer shall deposit in escrow with Escrow Agent the sum of $[●]1, as xxxxxxx money (such sum, together with all interested earned thereon, the “Xxxxxxx Money”). The Xxxxxxx Money shall be held pursuant to the terms and conditions of this Agreement and an escrow agreement (the “Xxxxxxx Money Escrow Agreement”) in the form of Exhibit I attached hereto. At Closing, the Xxxxxxx Money shall be returned to Buyer, or at Buyer’s election, may fund all or a portion of the Election Amount, if any; provided that if the amount of the Xxxxxxx Money exceeds the Election Amount any excess shall be returned to Buyer.
Formal Inspection Period. Notwithstanding Buyer’s right of inspection contained in Section 6.5 above, with respect to the condition of the Property, Buyer’s obligation to close under this Agreement is subject to and conditioned upon Buyer’s investigation and study of and satisfaction with the Property. Buyer shall have until April 7, 2006 (the “Inspection Date”), to make any such investigations and studies with respect to the Property as Buyer deems appropriate, and to terminate this Agreement, by written notice to Seller, to be given on or before the Inspection Date, if Buyer is not, for any reason, satisfied with the Property. If Buyer fails timely to give notice of such termination, then Buyer’s rights under this Section 6.6 shall be deemed to have been waived by Buyer and this Agreement shall remain in full force and effect without any longer being subject to this Section 6.6. If Buyer does give notice of termination on or before the Inspection Date, the Xxxxxxx Money shall be refunded to Buyer by Escrow Agent, and the parties shall have no further rights or obligations hereunder, except for those which expressly survive any such termination, and, thereafter, Buyer shall promptly provide to Seller, without charge and without warranty, copies of any reports, surveys, drawings, tests or other written documents obtained by Buyer from third parties with respect to the Property.
Formal Inspection Period. Buyer's obligation to close under this Agreement is subject to and conditioned upon Buyer's investigation and study of and satisfaction with the Property as set forth in this Section 6. Buyer shall have until 5:00 p.m. E.S.T. on the Inspection Date in which to make such investigations and studies with respect to the Property as Buyer deems appropriate and to terminate this Agreement, by written notice delivered to Seller, if Buyer is not, for any reason, in Buyer's sole and absolute discretion, satisfied with the Property, in which case the Exxxxxx Money shall be returned to Buyer and neither party shall have any further obligations hereunder except for those obligations of Buyer set forth in Sections 6.2 and 6.4. If Buyer fails to deliver written notice to Seller of its election to terminate this Agreement on or before 5:00 p.m. E.S.T. on the Inspection Date, then Buyer's termination rights under this Section 6 shall be deemed to have been waived by Buyer, the Exxxxxx Money shall be non-refundable, except as otherwise expressly set forth in this Agreement, and the parties shall proceed with the transaction pursuant to the remaining terms and conditions of this Agreement.
Formal Inspection Period. Notwithstanding Buyer’s continuing right of inspection contained in Section 6.2 above, Buyer shall have until 4:00 p.m. CDT on that date which is sixty (60) days after the date on which Buyer receives from Sellers the Due Diligence Certification (the 60th day being the “Inspection Date”) in which to make such Inspections permitted herein with respect to the Properties, the Due Diligence Documents, and any other thing or matter relating to the Properties as Buyer deems appropriate and, at the sole discretion of Buyer, to terminate this Agreement in its entirety or terminate this Agreement as to one or more, but less than all, Properties on or before said time on the Inspection Date if Buyer is not satisfied with the Properties for any reason (or for no reason). The sixty (60) day formal inspection period shall not commence until the Sellers certify in writing to Buyer that Sellers have provided Buyer with all of the Due Diligence Documents in their possession or control (the “Due Diligence Certification”). If Buyer terminates this Agreement with respect to all Properties on or before the Inspection Date, the Xxxxxxx Money shall be returned to Buyer and neither party shall have any further obligation to the other except as to provisions herein which are to survive termination. This Section 6.3 shall not be deemed to limit Buyer’s additional termination rights under any other section of this Agreement.
Formal Inspection Period. Buyer’s obligation to close under this Agreement is subject to and conditioned upon Buyer’s investigation and study of and satisfaction with the Property as set forth in this Section 6. Buyer shall have until the 5:00 p.m. E.D.T on the Inspection Date in which to make such investigations and studies with respect to the Property as Buyer deems appropriate and to terminate this Agreement for any reason or no reason by written notice to Seller, in which case neither party shall have any further obligations hereunder except for those obligations of Buyer set forth in Sections 6.2 and 6.4. If Buyer fails to give written notice to Seller so terminating, to be received by Seller on or before 5:00 p.m. E.D.T. on the Inspection Date, then Buyer’s termination rights under this Section 6 shall be deemed to have been waived by Buyer. If not so terminated (or deemed terminated), the Xxxxxxx Money shall be non-refundable except as expressly provided herein and the parties shall proceed with the transaction pursuant to the remaining terms and conditions of this Agreement.
Formal Inspection Period. With respect to all of the Projects other than Amazon at Anson, CBOP shall have until 5:00 p.m. Eastern Time on the Effective Date (the “Inspection Date”) to terminate this Agreement, by written notice delivered to Duke, if CBOP is not, for any reason, satisfied with the Projects, in which case the Xxxxxxx Money shall be returned to CBOP and neither party shall have any further obligations hereunder except for those obligations of CBOP that expressly survive termination as set forth in this Agreement. If CBOP fails to deliver written notice to Duke of its election to terminate this Agreement on or before 5:00 p.m. Eastern Time on the Inspection Date, then CBOP’s termination rights under this Article 4(b) with respect to all Projects other than Amazon at Anson shall be deemed to have been waived by CBOP, the Xxxxxxx Money shall be non-refundable, except as otherwise expressly set forth herein, and the parties shall proceed with the transaction pursuant to the remaining terms and conditions of this Agreement. With respect to Amazon at Anson, CBOP shall have until 5:00 p.m. Eastern Time on May 23, 2008 (the “Anson Inspection Date”) to terminate this Agreement as to Amazon at Anson, by written notice delivered to Duke, if CBOP is not, for any reason, satisfied with the Amazon at Anson, in which case the Total Project Xxxxxxx Money relating to Amazon at Anson shall be returned to CBOP, and this Agreement shall otherwise continue in full force and effect. If CBOP fails to deliver written notice to Duke of its election to terminate this Agreement as to Amazon at Anson on or before 5:00 p.m. Eastern Time on the Anson Inspection Date, then CBOP’s termination right under this Article 4(b) with respect to Amazon at Anson shall be deemed to have been waived by CBOP, the remaining Xxxxxxx Money shall be non-refundable, except as otherwise expressly set forth herein, and the parties shall proceed with the Amazon at Anson transaction pursuant to the remaining terms and conditions of this Agreement.
Formal Inspection Period. Notwithstanding Buyer's right of inspection contained in Section 6.2 above, with respect to the condition of the Property, Buyer's obligation to close under this Agreement is subject to and conditioned upon Buyer's investigation and study of and satisfaction with the Property. Buyer shall have until forty-five (45) days after receipt of the items set forth in Section 6.1, and the Title Commitment with legible copies of the exception documents (the "Inspection Date") in which to make such investigations and studies with respect to the Property as Buyer deems appropriate, and to terminate this Agreement, by written notice to Seller, to be received on or before the Inspection Date, if Buyer is not, for any reason, satisfied with the Property. If Buyer falls to give notice of such termination, to be received by Seller on or before the Inspection Date, then Buyer's rights under this Section 6.3) to terminate shall be deemed to have been waived by Buyer.
