Common use of Taking by Eminent Domain Clause in Contracts

Taking by Eminent Domain. If, prior to the Closing, eminent domain proceedings shall be threatened or commenced against the Property, or any part or portion thereof, Buyer shall have the option (a) to elect to proceed with this transaction, in which event any compensation award paid or payable as a result of such eminent domain proceedings shall be the sole property of Buyer, or (b) to terminate this Agreement, in which event Seller shall retain such award. Seller agrees that it shall give to Buyer written notice of any such threatened or actual eminent domain proceedings within 10 days after Seller first becomes aware thereof, and upon the giving of such notice, Buyer shall then have 30 days within which to exercise the options granted in this Section 10.01. If Buyer fails to exercise such options within said 30-day period, this Agreement shall terminate, the ▇▇▇▇▇▇▇ Money shall be returned to Buyer and thereafter both parties shall be released from further liability or obligation hereunder.

Appears in 3 contracts

Sources: Real Estate Purchase Agreement, Real Estate Purchase Agreement, Real Estate Purchase Agreement