Common use of Failure of Seller Closing Condition Clause in Contracts

Failure of Seller Closing Condition. Except as expressly provided in Section 9.4, if any of Seller Closing Conditions is not satisfied at Closing, then Seller shall, as Seller’s sole and exclusive remedy, have the right to (i) terminate this Agreement by providing written notice to Purchaser, in which case the ▇▇▇▇▇▇▇ Money shall be refunded to Purchaser, less the Independent Consideration in accordance with Section 3.2.4, if the Seller Closing Condition not satisfied is condition (a) or (e) above, or disbursed to Seller in accordance with Section 3.2.3 if the Seller Closing Condition not satisfied is any of conditions (b), (c), or (d) above, and in any case the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination, or (iii) waive any of the Seller Closing Conditions at or prior to Closing.

Failure of Seller Closing Condition. Except as expressly provided in Section 9.4, if If any of the Seller Closing Conditions is not satisfied (or waived by Seller) at Closing, then Seller shall, as Seller’s sole and exclusive remedy, shall have the right to (i) terminate this Agreement by providing written notice to Purchaser, in which case the ▇▇▇▇▇▇▇ Money Deposit shall be refunded to Purchaser, less the Independent Consideration in accordance with Section 3.2.4, if the Seller Closing Condition not satisfied is condition (a) or (e) above, or disbursed to Seller in accordance with Section 3.2.3 if the Seller Closing Condition not satisfied is any of conditions (b), (c), or (d) aboveDeposit Escrow Agreement, and in any case the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination, or (iiiii) waive any of the Seller Closing Conditions at or prior to Closing; provided, however, that if the failure of a condition specified in this Section 9.3 is not satisfied due to a Seller Default under this Agreement, then Purchaser shall have the remedies available to it pursuant to Section 13.1.