Release of Deposit. Upon Buyer's acceptance or waiver of Buyer's due diligence contingencies on or before the expiration of the Due Diligence Period, the Deposit will be non- refundable to Buyer except in the event of Seller's default or except as otherwise set forth herein and Escrow Holder will release the Deposit to Seller, without any further written instructions from Buyer or Seller. Buyer and Seller agree to indemnify and hold Escrow Holder harmless from and against any loss (including, without limitation, reasonable attorneys' fees) arising out of or incurred in connection with the release of the Deposit to Seller.
Appears in 4 contracts
Sources: Purchase Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership), Purchase Agreement (Aei Income & Growth Fund 23 LLC), Purchase Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership)
Release of Deposit. Upon Buyer's acceptance or waiver of Buyer's due diligence contingencies on or before the expiration of the Due Diligence Period, the Deposit will be non- non-refundable to Buyer except in the event of Seller's default default, a material adverse change in the Due Diligence provided to Buyer, or except as otherwise set forth herein and Escrow Holder will release the Deposit to Seller, without any further written instructions from Buyer or Seller. Buyer and Seller agree to indemnify and hold Escrow Holder harmless from and against any loss (including, without limitation, reasonable attorneys' fees) arising out of or incurred in connection with the release of the Deposit to Seller.
Appears in 1 contract
Sources: Purchase Agreement (Aei Real Estate Fund Xviii Limited Partnership)