Example ContractsClausesAmendment to Due Diligence Period; Waiver of Due Diligence Termination Right
Amendment to Due Diligence Period; Waiver of Due Diligence Termination Right
Amendment to Due Diligence Period; Waiver of Due Diligence Termination Right contract clause examples

Amendment to Due Diligence Period; Waiver of Due Diligence Termination Right . Seller and Purchaser hereby agree that the date set forth in [Section 1.1(f)] of the Purchase Agreement for the Due Diligence Period to end is hereby extended to June 8, 2021.

SECTION # DUE DILIGENCE.

Amendment and Waiver; Failure or Indulgence Not Waiver. No provision of this Agreement may be amended or waived by the parties from and after the date that is one (1) Business Day immediately preceding the filing of the Registration Statement with the SEC. Subject to the immediately preceding sentence, # no provision of this Agreement may be amended other than by a written instrument signed by both parties hereto and # no provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Due Diligence. Purchaser and Seller hereby acknowledge and agree that Purchaser has had the opportunity to inspect the Properties and Property Information prior to [[Seller:Organization]], pursuant to the terms of that certain Access Agreement dated February 8, 2022 by and between Purchaser and Inland Real Estate Acquisitions, LLC, as agent for Purchaser (the “Access Agreement”). Purchaser acknowledges and agrees that Purchaser has no right to terminate this Agreement as a result of Purchaser’s due diligence inspections. Except as otherwise set forth to the contrary contained herein, Purchaser shall bear the cost of its due diligence review and shall be responsible for and act as the generator with respect to any wastes generated by its due diligence review.

Amendment and Waiver. The Corporation may amend the provisions of this Agreement at any time; provided that an amendment that would adversely affect the Holder’s rights under this Agreement shall be subject to the written consent of the Holder. No course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

Company and any endorser of this Note hereby consent to renewals and extensions of time at or after the maturity hereof, without notice, and hereby waive diligence, presentment, protest, demand and notice of every kind and, to the full extent permitted by law, the right to plead any statute of limitations as a defense to any demand hereunder.

Amendments; No Waiver. Unless otherwise specified herein, no amendment, supplement, or modification of this Agreement will be binding on either Party unless it is in writing and signed by both Parties. No delay or failure on the part of a Party in the exercise of any right under this Agreement or available at law or equity will be construed as a waiver of such right, nor will any single or partial exercise thereof preclude any other exercise thereof. All waivers must be in writing and signed by the Party against whom the waiver is to be effective. Any such waiver will constitute a waiver only with respect to the specific matter described in such writing and will in no way impair the rights of the Party granting such waiver in any other respect or at any other time.

HCW shall have the right by giving written notice as hereinafter specified, at any time to terminate this Agreement if # since the date of this Agreement, any Material Adverse Change, or any development that would reasonably be expected to result in a Material Adverse Change has occurred that, in the reasonable judgment of HCW, may materially impair the ability of HCW to sell the Placement Shares hereunder, # the Company shall have failed, refused or been unable to perform any agreement on its part to be performed hereunder (through no fault of HCW); provided, however, in the case of any failure of the Company to deliver (or cause another person to deliver) any certification, opinion, or letter required under [Sections 7(m), 7(n), or 7(o), HCW]W]W]W]’s right to terminate shall not arise unless such failure to deliver (or cause to be delivered) continues for more than thirty (30) days from the date such delivery was required; # any other condition of HCW’s obligations hereunder is not fulfilled; or # any suspension of trading in the Common Stock shall have occurred. Any such termination shall be without liability of any party to any other party except that the provisions of [Section 7(g)] (Expenses), [Section 9] (Indemnification and Contribution), [Section 10] (Representations and Agreements to Survive Delivery), [Section 16] (Applicable Law; Consent to Jurisdiction) and [Section 17] (Waiver of Jury Trial) hereof shall remain in full force and effect notwithstanding such termination. If HCW elects to terminate this Agreement as provided in this [Section 11(a), HCW]W] shall provide the required written notice as specified in [Section 12] (Notices).

Section # Waivers; Amendment.

Right to Amend or Terminate the Plan

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