Common use of Non-Fulfillment of Conditions Clause in Contracts

Non-Fulfillment of Conditions. If any condition specified in Section 5 (other than Sections 5(c), 5(h) (other than arising out of the Company's failure to respond to the NASD's reasonable request for information or reasonable assurances from the Company) and 5(i)(3)) shall not have been fulfilled when and as required to be fulfilled, this Agreement, or in the case of any condition to the purchase of the Option Unit, on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Units, may be terminated by the Representative by notice to the Company at any time prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Section 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.