Common use of Failure of Seller Closing Condition Clause in Contracts

Failure of Seller Closing Condition. Except as expressly provided in Section IX.D, if any of the Seller Closing Conditions is not satisfied at Closing, then Seller shall, as Seller’s sole and exclusive remedy, have the right, by providing written notice to the Purchaser, to (i) terminate this Agreement, in which case the ▇▇▇▇▇▇▇ Money shall be disbursed to Seller in accordance with Section III.B.3, and the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination or (ii) to waive any of the Seller Closing Conditions at or prior to Closing.

Failure of Seller Closing Condition. Except as expressly provided in Section IX.D, if If any of the Seller Closing Conditions Condition is not satisfied at Closingby the Outside Closing Date, then Seller shall, as Seller’s sole and exclusive remedy, shall have the rightright to (i) subject to Purchaser’s rights to cure under Section 13.4, terminate this Agreement by providing written notice to the Purchaser, to (i) terminate this Agreement, in which case the ▇▇▇▇▇▇▇ Money shall be disbursed to Seller in accordance with Section III.B.3, and the Parties shall have no further rights or obligations under this Agreement, except those which that expressly survive such termination and provided that nothing herein shall relieve any Party of liability for any intentional breach of any provision of this Agreement, or (ii) to waive any of the such Seller Closing Conditions at or prior Condition and proceed to Closing, provided that any such waiver by Seller shall be made in writing.