Closing Deliverables and Conditions. The terms and conditions of this Section 3 shall apply to the recording of the Public Easement, and payment of the Easement Purchase Funds (collectively, the “Closing”; the date on which the Closing occurs is referred to herein as the “Closing Date”). At least one (1) business day prior to the Closing Date, (A) the Church shall deliver in escrow to the Title Company the following: (i) an original of the Public Easement, executed and acknowledged by the Church and City, (ii) any additional documents that CPAH, the City, or the Title Company may reasonably require for recording of the Public Easement and delivery of the Easement Purchase Price; and (B) CPAH shall deliver in escrow to the Title Company any additional documents that the Church, the City, or the Title Company may reasonably require for recording of the Public Easement and delivery of the Easement Purchase Funds. So long as a party is not in default hereunder, if any condition to such party’s obligation to proceed with the Closing has not been satisfied as of the Closing Date, such party may, in its sole discretion, elect to: (i) postpone the Closing up to 5 days or until the condition has been satisfied by delivering written notice to the other party on or before the Closing Date; (ii) terminate this Agreement; or (iii) proceed to close, notwithstanding the non-satisfaction of such condition, in which event such party shall be deemed to have waived any such condition; provided that any such waiver of a condition shall NOT relieve a party from any liability it would otherwise have if the failure of a party to satisfy a condition also constitutes a default hereunder or breach of any other provision hereof by such party.
Closing Deliverables and Conditions. The terms and conditions of this Section 2 shall apply to the recording of the Easement, completion of the Dedication and payment of the Easement Consideration (collectively, the “Closing”). The date on which the Closing occurs is referred to herein as the “Closing Date”). At least one (1) business day prior to the Closing Date, (A) Horizon shall deliver in escrow to the Title Company the following: (i) an original of the Easement, executed and acknowledged by Horizon and City, (ii) an executed and acknowledged deed of dedication for the Dedication on such form as may be required by the City for the same (the “Dedication Deed”), and
Closing Deliverables and Conditions
