Common use of Purchaser’s Conditions Clause in Contracts

Purchaser’s Conditions. The Purchaser’s obligation to complete the transactions contemplated by this Agreement is subject to fulfilment of the following conditions, each of which is for the sole benefit of the Purchaser: (a) the representations and warranties of the Vendor contained in Section 7.1 shall be true on and as of the Closing Date in all material respects with the same effect as though such representations and warranties had been made on and as of the Closing Date; and (b) unless the Purchaser was on the Option Exercise Date aware of a breach by the Vendor in performing such covenant or agreement, each of the covenants and agreements of the Vendor to be performed on or before the Closing Date under this Agreement and all other agreements between the Vendor and the Purchaser relating to any part of the Property shall have been duly performed by the Vendor in all material respects. If the conditions set out in this Section 8.1 have not been satisfied by the times therein specified, the Purchaser may waive fulfilment thereof, in whole or in part, without prejudice to any of its other rights under this Agreement and complete the purchase of the Property or elect not to complete.

Purchaser’s Conditions. The Purchaser’s obligation of Purchaser to complete the transactions contemplated purchase of the Purchased Interest and the assumption by this Agreement Purchaser of the Assumed Liabilities is subject to fulfilment of the following conditions, which are inserted herein and made part hereof for the exclusive benefit of Purchaser: (i) Vendor shall have performed and fulfilled, in all material respects, all of its covenants and obligations under this Agreement to have been performed by it by the Closing Time; and (ii) all of the representations and warranties of Vendor in this Agreement shall be true and correct, in all material respects, as of the Closing Time; in each case, as confirmed with respect to Vendor on an unqualified basis by certificate of which is a senior officer of Vendor (for and on behalf of the Vendor and without personal liability) to be delivered to Purchaser at Closing. The conditions contained in this Section 9.2 shall be for the sole benefit of the Purchaser: (a) the representations Purchaser and warranties may, without limitation to any of the Vendor rights of Purchaser contained in Section 7.1 shall this Agreement, be true on and as of the Closing Date waived by Purchaser in all material respects with the same effect as though such representations and warranties had been made on and as of the Closing Date; and (b) unless the Purchaser was on the Option Exercise Date aware of a breach by the Vendor in performing such covenant or agreement, each of the covenants and agreements of the Vendor to be performed on or before the Closing Date under this Agreement and all other agreements between the Vendor and the Purchaser relating to any part of the Property shall have been duly performed by the Vendor in all material respects. If the conditions set out in this Section 8.1 have not been satisfied by the times therein specified, the Purchaser may waive fulfilment thereofwriting, in whole or in part, without prejudice to at any of its other rights under this Agreement and complete the purchase of the Property or elect not to completetime.