Failure of Other Party to Make Deliveries at Closing. By either party if, at the Closing, it has tendered delivery of all materials to be delivered and the other party has not tendered delivery of all materials to be delivered by it at the Closing. If the Closing has not occurred on or before April 30, 2001, and no action to specifically perform this Agreement has been brought, then this Agreement will terminate without any action on the part of any party. If a party institutes an action to specifically perform this Agreement prior to its termination pursuant to this Section 7.1, then notwithstanding any provision of any such section, this Agreement will not be terminated thereafter unless and until a final judgment or order is entered in such action or in any appeal therefrom denying specific performance in such action or dismissing or discontinuing such action without the granting of such relief (and such judgment or order is not then subject to appeal) or such action or an appeal therefrom is dismissed or discontinued voluntarily by the party seeking such action or by agreement of the parties thereto without the granting of such relief.
