Common use of Proper Execution Clause in Contracts

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser and the actual execution and delivery thereof by Purchaser to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof shall have been delivered to Purchaser.

Appears in 6 contracts

Samples: Purchase and Sale Agreement (Resource Apartment REIT III, Inc.), Purchase and Sale Agreement (Resource Real Estate Opportunity REIT II, Inc.), Purchase and Sale Agreement (Resource Real Estate Opportunity REIT, Inc.)

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Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s 's consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by to Seller of this Agreement for execution by Purchaser and the actual execution and delivery thereof by Purchaser to Seller shall shall, together with the Deposit, similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and a fully executed counterpart thereof, together with the Deposit shall have been received by the Title Company and a counterpart thereof Deposit, shall have been delivered to Purchaserthe Title Company/Escrow Agent.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (HC Government Realty Trust, Inc.), Purchase and Sale Agreement, Purchase and Sale Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

Proper Execution. The submission by Purchaser to Seller to Purchaser of this Agreement in an unsigned form shall be deemed to be a submission solely for Purchaser’s Seller's consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an optionoption or an offer, and shall not confer any rights upon Purchaser Seller or impose any obligations upon Seller Purchaser irrespective of any reliance thereon, change of position or partial performance. The submission by Purchaser to Seller of this Agreement for execution by Purchaser Seller and the actual execution thereof by Seller and delivery thereof to Purchaser by Purchaser to Seller shall similarly have no binding force and effect on Seller Purchaser unless and until Seller Purchaser shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof hereof executed by Purchaser and Seller shall have been delivered to PurchaserSeller.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Gyrodyne Co of America Inc), Purchase and Sale Agreement (Cardinal Minerals Inc)

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser and the actual execution and delivery thereof by Purchaser to Seller shall shall, together with the Deposit, similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and a fully executed counterpart thereof, together with the Deposit shall have been received by the Title Company and a counterpart thereof Deposit, shall have been delivered to Purchaserthe Title Company.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Griffin Capital Essential Asset REIT, Inc.), Purchase and Sale Agreement (Cole Corporate Income Trust, Inc.)

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s 's consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser and the actual execution and delivery thereof by Purchaser to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof shall have been delivered to Purchaser.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc), Purchase and Sale Agreement (Corporate Office Properties Trust)

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser and the actual execution and delivery thereof by Purchaser to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company Escrow Agent and a fully executed counterpart thereof of this Agreement shall have been delivered to Purchaser.

Appears in 2 contracts

Samples: Sale, Purchase and Escrow Agreement (Resource Apartment REIT III, Inc.), Sale, Purchase and Escrow Agreement (Resource Apartment REIT III, Inc.)

Proper Execution. The submission by Seller to Purchaser of this Agreement in an unsigned form shall be deemed to be a submission solely for Purchaser’s 's consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an optionoption or an offer, and shall not confer any rights or obligations upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller to Purchaser of this Agreement for execution by Purchaser and the actual execution thereof and delivery thereof to Seller by Purchaser to Seller similarly shall similarly have no binding force and effect on Seller or Purchaser unless and until Seller shall have executed this Agreement and the Initial Deposit shall have been received by the Title Company and a counterpart thereof shall have been delivered to PurchaserEscrow Agent.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (MVP REIT, Inc.), Purchase and Sale Agreement (MVP REIT II, Inc.)

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser and the actual execution and delivery thereof by Purchaser to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof of this Agreement executed by Seller shall have been delivered to Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Steinway Musical Instruments Inc)

Proper Execution. The submission by Seller to Purchaser of this Agreement in an unsigned form shall be deemed to be a submission solely for Purchaser’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an optionoption or an offer, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller to Purchaser of this Agreement for execution by Purchaser and the actual execution thereof and delivery thereof to Seller by Purchaser to Seller similarly shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof shall have been delivered to PurchaserEscrow Agent.

Appears in 1 contract

Samples: Agreement of Sale (Urstadt Biddle Properties Inc)

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s 's consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser and the actual execution and delivery thereof by Purchaser to Seller shall shall, together with the Deposit, similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and a fully executed counterpart thereof, together with the Deposit shall have been received by the Title Company and a counterpart thereof Deposit, shall have been delivered to Purchaser.the Title Company. 11.15

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cole Corporate Income Trust, Inc.)

Proper Execution. The submission by Seller to Purchaser of this Agreement in an unsigned form shall be deemed to be a submission solely for Purchaser’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an optionoption or an offer, and shall not confer any rights upon Purchaser the Parties or impose any obligations upon Seller the Parties irrespective of any reliance thereon, change of position or partial performance. The submission by Seller to Purchaser of this Agreement for execution by Purchaser and the actual execution thereof and delivery thereof to Seller by Purchaser to Seller similarly shall similarly have no binding force and effect on Seller the Parties unless and until Seller the Parties shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof shall have been delivered to PurchaserEscrow Agent.

Appears in 1 contract

Samples: Agreement of Sale (Town Sports International Holdings Inc)

Proper Execution. The submission by Seller to Purchaser of this Agreement in an unsigned form shall be deemed to be a submission solely for Purchaser’s 's consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an optionoption or an offer, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller to Purchaser of this Agreement for execution by Purchaser and the actual execution thereof and delivery thereof to Seller by Purchaser to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof shall have been delivered to PurchaserCompany.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Behringer Harvard Reit I Inc)

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s 's consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser and the actual execution and delivery thereof by Purchaser to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof shall have been delivered to Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Franklin Street Properties Corp /Ma/)

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s 's consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser and the actual execution and delivery thereof by Purchaser to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof of this Agreement shall have been delivered to Purchaser.

Appears in 1 contract

Samples: Agreement of Purchase and Sale of Partnership Interest (Griffin Land & Nurseries Inc)

Proper Execution. The submission by Seller to Purchaser of this Agreement in an unsigned form shall be deemed to be a submission solely for Purchaser’s 's consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an optionoption or an offer, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser and the actual execution thereof and delivery thereof to Seller by Purchaser to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof hereof executed by Seller and Purchaser shall have been delivered to Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Hancock John Financial Services Inc)

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Proper Execution. The submission by Seller to Purchaser Buyer of this Agreement in unsigned form shall be deemed to be a submission solely for PurchaserBuyer’s consideration and shall not for acceptance and executionbe an offer capable of acceptance. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser Buyer or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser Buyer and the actual execution and delivery thereof by Purchaser Buyer to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company Escrow Agent and a counterpart thereof shall have been delivered to PurchaserBuyer.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Edac Technologies Corp)

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser and the actual execution and delivery thereof by Purchaser to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and Agreement, the Deposit shall have been received by the Title Company Company, and a counterpart thereof of this Agreement shall have been delivered to Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Fund Xiv Lp)

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s consideration and not for acceptance and execution. Such submission shall have no binding force and or effect, shall not constitute an offer or option, and shall not confer any rights upon Purchaser or impose any obligations obligation upon Seller Seller, irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser Purchaser, and the actual execution and delivery thereof by Purchaser to Seller Seller, shall similarly have no binding force and effect on Seller Seller, unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof of this Agreement, as executed by Purchaser, shall have been delivered to PurchaserSeller. Neither party hereto shall be deemed to have drafted this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Digital Realty Trust, Inc.)

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller Purchaser or Seller, irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser and the actual execution and delivery thereof by Purchaser to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit Xxxxxxx Money shall have been received by the Title Company and a counterpart thereof shall have been delivered to PurchaserCompany.

Appears in 1 contract

Samples: Real Estate Sale Contract

Proper Execution. The submission by Seller to Purchaser Buyer of this Agreement in unsigned form shall be deemed to be a submission solely for PurchaserXxxxx’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser Buyer or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser Xxxxx and the actual execution and delivery thereof by Purchaser Buyer to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company Escrow Agent and a counterpart thereof shall have been delivered to PurchaserBuyer.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser Xxxxxxxxx and the actual execution and delivery thereof by Purchaser to Seller shall similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company Escrow Agent and a fully executed counterpart thereof of this Agreement shall have been delivered to Purchaser.

Appears in 1 contract

Samples: Sale, Purchase and Escrow Agreement (Resource Apartment REIT III, Inc.)

Proper Execution. The submission by Seller to Purchaser of this Agreement in an unsigned form shall be deemed to be a submission solely for Purchaser’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an optionoption or an offer, and shall not confer any rights or obligations upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller to Purchaser of this Agreement for execution by Purchaser and the actual execution thereof and delivery thereof to Seller by Purchaser to Seller similarly shall similarly have no binding force and effect on Seller or Purchaser unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof shall have been delivered to PurchaserEscrow Agent.

Appears in 1 contract

Samples: Agreement of Sale

Proper Execution. The submission by Seller to Purchaser of this Agreement in unsigned form shall be deemed to be a submission solely for Purchaser’s 's consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller of this Agreement for execution by Purchaser and the actual execution and delivery thereof by Purchaser to Seller shall shall, together with the Deposit, similarly have no binding force and effect on Seller unless and until Seller shall have executed this Agreement and the Deposit shall have been received by the Title Company and a counterpart thereof shall have been delivered to Purchaser.shall

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cole Corporate Income Trust, Inc.)

Proper Execution. The submission by Seller to Purchaser of this Agreement in an unsigned form shall be deemed to be a submission solely for Purchaser’s consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an optionoption or an offer, and shall not confer any rights upon Purchaser or impose any obligations upon Seller irrespective of any reliance thereon, change of position or partial performance. The submission by Seller to Purchaser of this Agreement for execution by Purchaser and the actual execution thereof and delivery thereof to Seller by Purchaser to Seller shall similarly have no binding force and effect on Seller unless and until the date on which Seller shall have executed this Agreement and delivered a copy to Purchaser and the Additional Deposit shall have been received by the Title Company and a counterpart thereof shall have been delivered to PurchaserCompany.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Maxus Realty Trust Inc.)

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