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cedent (:o Buyer Obli ate ion t <br />er s obligation to close Escrow .. Conditions p're <br />Close. Buy g ow and purchase the Property is <br />expressly conditioned on the satisfaction of the conditions listed in this <br />Section 33.1. If any such condition is not satisfied or waived by Buyer at or <br />prior to the Close. of Escrow, 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) Title Policy. Escrow Molder has issued or is irrevocably <br />comrri tted to issue to Buyer the '7itle Volley" (as defined in Section 3& below) showing fee title <br />vested in Buyer subject only to "Permitted Exceptions" (as defined in Section 3.5 below). <br />(2) Re esentatio is and Warranties. Each of Seller's <br />representations and warranties in this Agreement are -materially true and accurate as of tine Close <br />of Escrow. <br />(3) Seller pbligg ons. 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) Possession. Seller is able, at the Close of Escrow to deliver <br />exclusive possession of the Property to Buyer in accordance with this Agreement and does so, <br />3.3.2 Conditio s iecedent to Seller Obligation to <br />Close. Seller's obligation, to close Escrow and sell the Property is expressly <br />conditioned upon the satisfaction of the conditions listed in this Section 3.3.2. 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 Sellers 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) Re resentations a d. Ww nties. 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) Bu er's Obli ations. Buyer is not in material default under <br />this Agreement, and each makxial obligation of Buyer to be performed prior to the Close of Escrow <br />hereunder has been performed as required. <br />3.4 Escrow 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 />