Common use of Media Play Clause in Contracts

Media Play. If at the end of the Closing Date for the Westland Crossing Shopping Center, as the same may be extended pursuant to Section 14.4.1, 14.4.2 and/or Section 14.4.4, the Seller of the Westland Crossing Shopping Center has not executed a Lease with Media Play on substantially the terms set forth in Exhibit O annexed hereto, the Purchaser may , in its sole discretion either (a) waive the absence of such a Lease and proceed to consummate the Closing, or (b) terminate this Agreement with respect solely to the Westland Crossing Shopping Center as a consequence of the Sellers' inability to obtain such a Lease, or (c) agree to extend the Closing Date with respect to the Westland Crossing Shopping Center for an additional sixty (60) days. If, prior to the expiration of such 60 day period, the Seller of the Westland Crossing Shopping Center presents to the Purchaser a Lease with a tenant reasonably acceptable to the Purchaser, with rental and other leasing terms and conditions substantially equivalent to the terms and conditions set forth on Exhibit O attached hereto, the Closing shall occur with respect to such Shopping Center. If no such Lease is executed on or before such date, the Purchaser may terminate this Agreement with respect solely to the Westland Crossing Shopping Center. Notwithstanding the terms of Exhibit O attached hereto, the Seller of the Westland Crossing Shopping Center shall use reasonable efforts to negotiate (i) a date certain by which Media Play shall occupy the space in the Westland Crossing Center described in Exhibit O attached hereto, and (ii) a restriction on assignments by Media Play or its assigns that would result in the occupancy of Media Play's proposed leased space by more than two separate tenants; provided, that the failure of such Seller to negotiate such provisions with Media Play shall not constitute a default or an inability or failure to satisfy a condition hereunder.