Failure to Make Election. If Optionee fails to deliver Optionee’s Election Notice on a timely basis or Optionee’s Election Notice does not satisfy the requirements set forth above, Optionor shall have the right to consummate a sale of the Subject Property with an unaffiliated third party during the Marketing Period.
Appears in 2 contracts
Sources: Right of First Offer Agreement (Digital Realty Trust, Inc.), Right of First Offer Agreement (Digital Realty Trust, Inc.)