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3.3.1 Conditions Precedent tp dyer ObliWon to <br />Om. Buyer's obligation to close Escrow and purchase the Property is <br />expressly conditioned on the satisfaction of the conditions listed in this <br />S@gtion 3_3.1if any such condition is not satisfied or waived by Buyer at or <br />prior to the Close ofEscrow, for any reason other than a default by Buyer, Buyer <br />may, in its sole discretion and without limiting any of Buyer's legal remedies or <br />remedies under this Agreement, terminate this Agreement by written notice to <br />Seller. <br />(1) tle Palk . Escrow Holder has issued or is invyombly <br />committed to issue to Buyer the "Title Policy" (as defined in S-oction 3.6 below) showing fee title <br />vested in Buyer subject only to Termitted Exceptions" (as defined in Section 3..5 below). <br />(2) &Wsentations and Warranties. Each of Seller's <br />representations and warranties in this Agreement are materially trine and accurate as of the Close <br />ofBscrow. <br />(3) Seller Oblig ions. Seller is not in material default under this <br />Agreement and each material obligation of Seller to be performed prior to the Close of Escrow, <br />has been ,performed as required, including, without limitation the delivery of all documents <br />required of Seller under this Agreement. <br />(4) Emossio& Seller is able, at the Close of Escrow to deliver <br />exclusive possession of -the Property to Buyer in accordance with this Agreement and doss so. <br />3.3.2 Conditions Prece of to Seller Obliggion to <br />Close. Seller's obligation to close Escrow and sell, the Property .is expressly <br />conditioned upon the satisfaction of die conditions listed in this Section 33.2, if <br />any such condition is not satisfied or waived by Seller prior to the Close of <br />Escrow for any reason other than a default by Seller, Seller may, in its sole <br />discretion and without limiting any of Seller's legal remedies or remedies under <br />this Agreement, terminate this Agreement by written notice to Buyer. <br />(1) ILepresentaions and Warranties. Each of Buyer's <br />representations and warranties set forth. in this Agreement are materially true and accurate as of <br />the Close of Escrow. <br />(2) Buyer's Obligations. Buyer is not in material default under <br />this Agreement, and each material obligation ofBuyer to b€ performedprior to the Close ofEscrow <br />hereunder has been performed as required. <br />3.4 Ebcrow Cancellation. <br />3.4.1 Charges. <br />(1) Seller's Default. If Escrow fails to close due to Seller's <br />default, Seller shall pay all Escrow cancellation charges. "Escrow cancellation charges" means <br />all fees, charges and expenses charged or passed on to the Parties by Escrow Holder, including all <br />-3= <br />