Common use of Termination by the Operating Partnership Clause in Contracts

Termination by the Operating Partnership. The Operating Partnership shall have the right to terminate this Agreement as to the Contributor at any time prior to the Closing following the occurrence of any of the following events: (a) as to the Contributor, the determination by the Operating Partnership, in its sole and absolute discretion, not to proceed with the contribution of the CB&I Property; (b) the failure of the REIT to achieve the Minimum Offering on or before December 31, 2009; (c) as to the Contributor, the determination that any representation or warranty of such Contributor contained herein is no longer true or correct, and that such representation or warranty cannot reasonably be expected to be true and correct at the Closing; or (d) as to the Contributor, at any time for any reason.

Termination by the Operating Partnership. The Operating Partnership shall have the right to terminate this Agreement as to all of the Contributor Contributors at any time prior to the Closing following the occurrence of any of the following events: (a) as to all the ContributorContributors, the determination by the Operating Partnership, in its sole and absolute discretion, not to proceed with the contribution of the CB&I ▇▇▇▇▇▇ Property; (b) the failure of the REIT to achieve the Minimum Offering on or before December 31, 2009; (c) as to the any Contributor, the determination that any representation or warranty of such Contributor contained herein is no longer true or correct, and that such representation or warranty cannot reasonably be expected to be true and correct at the Closing; or (d) as to all the ContributorContributors, at any time for any reason.