All Grasse Road sales will be subject to a Repurchase Option allowing the College an option to repurchase the property in the future. The manner in which the Repurchase Option would operate in some commonly occurring situations is outlined below, with "Owner" referring to the person who owns the property subject to the Option. This is just an outline, however, and reference should be made to the Repurchase Option itself, a copy of which is available through the Dartmouth College Real Estate Office.
Dartmouth shall have the option to repurchase the property upon any one of the following events ("Triggering Events"):
The Owner is required to give Dartmouth written notice of a Triggering Event within a specified time ("Triggering Notice") and may also be required to give an earlier "informational" notice.
Promptly following the Triggering Notice, the Owner and Dartmouth shall agree upon an appraiser to determine the property's fair market value.
Dartmouth shall have a right to repurchase the property by giving notice to the Owner ("Exercise Notice"). Exercise Notice generally must be given within 60 days of the date the Owner and Dartmouth agree on an appraiser.
Closing shall take place within 6 months of the date of Exercise Notice, but Dartmouth is entitled to set an earlier date on 30 days' prior notice.
The purchase price to be paid by Dartmouth upon the exercise of its option in most cases shall be the lesser of #1 or #2 below, less 5% to cover transaction costs:
Once Dartmouth receives Triggering notice, it shall have the right to market the property to prospective buyers. Dartmouth's marketing may include advertising and mailings, and Dartmouth shall be provided with reasonable access in order to show the property to prospective purchasers through individual showings and open houses. Dartmouth's access for such showings shall be comparable to that typically given to a broker under a listing agreement.
Dartmouth's option to purchase shall terminate if Exercise Notice is not given within the applicable 60-day period, unless Triggering Notice is being given due to the Owner leaving College employment. In the event Triggering Notice is being given solely due to the Owner leaving College employment, Dartmouth shall have additional options to purchase i) upon the occurrence of any Triggering Event as listed above, and ii) as follows:
Every third anniversary of the April 15 first occurring after Triggering Event (b) above shall be considered to be a new Triggering Notice, and Dartmouth shall continue to have an option to purchase by giving Exercise Notice within 60 days of each such Triggering Notice (e.g. if the Owner leaves College employment on June 1, 2001, Triggering Event (b) shall occur on June 1, 2002, and new Triggering Notice shall be considered to have been received on April 15, 2005, April 15, 2008 and every three years thereafter until an alternative Triggering Event occurs which gives rise to a final Triggering Notice).