Tender of Performance Clause Samples
The Tender of Performance clause defines the obligation of a party to offer to fulfill their contractual duties, such as delivering goods or making payment, as required by the agreement. In practice, this means that a party must make a genuine and timely offer to perform their part of the contract, even if the other party is not immediately ready to accept. This clause serves to protect the offering party by demonstrating their willingness to perform, which can be important in resolving disputes or enforcing rights if the other party refuses to cooperate.
Tender of Performance. On the Closing Date, the delivery to the Escrow Agent of the Purchase Price for the Property, an executed and acknowledged special or limited warranty deed of conveyance for each Property as required herein, and all other funds, documents and/or instruments required to be delivered by either party to another under this Agreement, in each instance pursuant to escrow instructions issued by legal counsel to Purchaser and Seller in form and in substance in accordance with prevailing industry standards, shall be deemed to be a good and sufficient tender of performance of the terms hereof (except for the provisions hereof that expressly survive Closing). In addition, on the Closing Date, Seller and Purchaser shall deliver to the other, and to the Title Company, such additional or other documents or instruments as reasonably may be requested in order to accomplish Closing as intended hereunder. Notwithstanding any provision of this Agreement, express or implied, to the contrary, if the Purchase Price for any reason shall not be disbursed to Seller on the Closing Date, then all assessments and income and expense prorations shall be readjusted between Seller and Purchaser to the day of such disbursement, it being agreed that Seller shall not assume the loss of net income generated by the Property as a result of a delay in Closing, recordation and/or disbursement for any reason unless arising solely from the acts or omissions of Seller.
Tender of Performance. Seller shall have fully complied with the provisions of Section 2.
Tender of Performance. Deposit with the party conducting Closing of the Purchase Price, the Deed and such other funds and/or documents as are required of either party by the terms of this Amended and Restated Contract, shall be deemed to be good and sufficient tender of performance of the terms of this Amended and Restated Contract.
Tender of Performance. It shall be a good and sufficient tender of performance of the terms hereof relating to Settlement if Seller shall deposit with the Settlement Attorney fully executed originals of each of the documents listed in paragraph 5 hereof, and in the case of Purchaser, tenders the balance of the Purchase Price and takes such other actions as are reasonably required by the Settlement Attorney pursuant to this Agreement.
Tender of Performance. Deposit with the title company or title attorney of the Total Purchase Price, the deed of conveyance shall be deemed to be a good and sufficient tender of performance of the terms hereof. Purchaser acknowledges and agrees that the Balance Due and all closing costs required to be paid by Purchaser at settlement shall be paid in the form of a certified check, cashier's check, or wire transfer of funds, and that a personal check, an assignment of funds, or its equivalent, shall not be accepted at settlement.
Tender of Performance. The delivery to the Intermediary of the Cash Payment and to the Escrow Agent of the Deposit (without condition except as provided herein) and the delivery to the Escrow Agent of the balance of the Purchase Price and such other funds and/or documents as are required of Purchaser to effect the terms of this Contract shall be deemed good and sufficient tender of performance of the terms hereof by Purchaser. Delivery to Escrow Agent (without condition except as provided herein) of a duly executed and acknowledged special warranty deed with a covenant of further assurances conveying the Property to Purchaser, an affidavit in such form as is reasonably required by the applicable title company for issuance of a title policy meeting the requirements of Section 7, a certification that Seller’s representations and warranties provided in Section 8 hereof are accurate and complete as of the date of Closing, except as otherwise expressly disclosed therein, and such other documents as are required of Seller to effect the terms of this Contract shall be deemed good and sufficient tender of performance of the terms hereof by Seller. Seller’s Closing proceeds shall be used to satisfy any financing encumbrances against the Property which are not satisfied at the time of Closing.