Common use of Condition Precedent to Closing Clause in Contracts

Condition Precedent to Closing. Notwithstanding anything to the contrary contained herein (but subject to Sections 9.1 and 9.3 hereof), it shall be a condition to each party’s obligation to close the sale of the Property, that a closing occur simultaneously with the Closing with respect to (i) Oak Park Village and Champions Village in Texas, (ii) Cherokee Plaza, Xxxxx Plains Exchange and Xxxxxxxx Bridge Commons in Georgia, and (iii) Shoppes at Parkland and University Palms in Florida (collectively, the “Other Properties”), which Other Properties are the subject to Agreements of Purchase and Sale by and between Affiliates of Seller, as seller, and Purchaser, as purchaser (the “Other Property Agreements”) the parties hereto acknowledging that the Property is being sold as a part of the portfolio containing the Property and the Other Properties and the parties do not intend to sell or purchase the Property or any of the Other Properties as individual assets; provided, however, that (1) if the affiliate of Seller which is the seller under the Other Property Agreement for the Texas assets duly exercises its right to terminate such Other Property Agreement with respect to Champions Village pursuant to Section 10.13 thereof (such termination, the “Champions 10.13 Termination”), or (2) the “Closing Date” of the sale of Champions Village is scheduled to occur following the Closing Date hereunder pursuant to the terms of the Other Property Agreement for Champions Village, then the closing of the sale of -00- Xxxxxxxxx Xxxxxxx shall not be a condition to the Closing of the sale of the Property. Seller intends that the sale of the Property, together with the sale of the Other Properties by Affiliates of Seller constitute the sale of property to one buyer as part of one transaction within the meaning of Section 857(b)(6)(E)(vi) of the Internal Revenue Code of 1986, as amended. Furthermore, if either party exercises any right to terminate this Agreement in accordance herewith, such party (or its applicable Affiliate) shall simultaneously terminate each of the Other Property Agreements (if such Other Property Agreements are not terminated by their terms), and the xxxxxxx money deposits held under such Other Property Agreements shall be delivered to the party (or its applicable Affiliate) entitled to receive same hereunder. Seller and Purchaser hereby agree that the exercise of a right to terminate under any of the Other Property Agreements shall automatically terminate this Agreement, and the Xxxxxxx Money Deposit shall be delivered to the party hereunder who is entitled to receive (or whose applicable Affiliate is entitled to receive) same under such terminated Other Property Agreement; provided, however, that the exercise of the Champions 10.13 Termination shall not cause the termination of this Agreement. Further, a default under any of the Other Property Agreements shall constitute a default under this Agreement and Seller and Purchaser shall have all rights and remedies provided hereunder as if such default had occurred with respect to this Agreement. Notwithstanding anything to the contrary provided in this Agreement, (x) if Closing is extended pursuant to the express terms of this Agreement, such party (or its applicable Affiliate) shall simultaneously be deemed to agree to extend the closing under each of the Other Property Agreements for the same number of days as the Closing is extended hereunder (if closing under such Other Property Agreements is not automatically extended for the same number of days by their terms), and (y) Seller and Purchaser hereby agree that the extension of closing under any of the Other Property Agreements shall automatically extend the Closing under this Agreement for the same number of days as the closing is extended under any of the Other Property Agreements.

Condition Precedent to Closing. Notwithstanding anything to the contrary contained herein (but subject to Sections 9.1 and 9.3 hereof), it shall be a condition to each party’s 's obligation to close the sale of the Property, that a closing occur simultaneously with the Closing with respect to (i) Oak Park Village and Champions Village in Texas, (ii) Cherokee Plaza, Xxxxx Plains Exchange and Xxxxxxxx Bridge Commons in Georgia, and (iii) Shoppes at Parkland and University Palms in Florida (collectively, the “Other Properties”), which Other Properties are the subject to Agreements of Purchase and Sale by and between Affiliates of Seller, as seller, and Purchaser, as purchaser (the “Other Property Agreements”) the parties hereto acknowledging that the Property is being sold as a part of the portfolio containing the Property and the Other Properties and the parties do not intend to sell or purchase the Property or any of the Other Properties as individual assets; provided, however, that (1) if the affiliate of Seller which is the seller under the Other Property Agreement for the Texas assets duly exercises its right to terminate such Other Property Agreement with respect to Champions Village pursuant to Section 10.13 thereof (such termination, the “Champions 10.13 Termination”), or (2) the “Closing Date” of the sale of Champions Village is scheduled to occur following the Closing Date hereunder pursuant to the terms of the Other Property Agreement for Champions Village, then the closing of the sale of -00- Xxxxxxxxx Xxxxxxx Champions Village shall not be a condition to the Closing of the sale of the Property. Seller intends that the sale of the Property, together with the sale of the Other Properties by Affiliates of Seller constitute the sale of property to one buyer as part of one transaction within the meaning of Section 857(b)(6)(E)(vi) of the Internal Revenue Code of 1986, as amended. Furthermore, if either party exercises any right to terminate this Agreement in accordance herewith, such party (or its applicable -41- Affiliate) shall simultaneously terminate each of the Other Property Agreements (if such Other Property Agreements are not terminated by their terms), and the xxxxxxx money deposits held under such Other Property Agreements shall be delivered to the party (or its applicable Affiliate) entitled to receive same hereunder. Seller and Purchaser hereby agree that the exercise of a right to terminate under any of the Other Property Agreements including, but not limited to, the exercise by Purchaser of its right to terminate the Other Property Agreement with respect to Champions Village pursuant to Section 5.4 thereof, shall automatically terminate this Agreement, and the Xxxxxxx Money Deposit shall be delivered to the party hereunder who is entitled to receive (or whose applicable Affiliate is entitled to receive) same under such terminated Other Property Agreement; provided, however, that the exercise of the Champions 10.13 Termination shall not cause the termination of this Agreement. Further, a default under any of the Other Property Agreements shall constitute a default under this Agreement and Seller and Purchaser shall have all rights and remedies provided hereunder as if such default had occurred with respect to this Agreement. Notwithstanding anything to the contrary provided in this Agreement, (x) if Closing is extended pursuant to the express terms of this Agreement, such party (or its applicable Affiliate) shall simultaneously be deemed to agree to extend the closing under each of the Other Property Agreements for the same number of days as the Closing is extended hereunder (if closing under such Other Property Agreements is not automatically extended for the same number of days by their terms), and (y) Seller and Purchaser hereby agree that the extension of closing under any of the Other Property Agreements shall automatically extend the Closing under this Agreement for the same number of days as the closing is extended under any of the Other Property Agreements.

Condition Precedent to Closing. Notwithstanding anything to the contrary contained herein (but subject to Sections 9.1 and 9.3 hereof), it shall be a condition to each party’s obligation to close the sale of the Property, that a closing occur simultaneously with the Closing with respect to (i) Oak Park Village and Champions Village in Texas, (ii) Cherokee Plaza, Xxxxx Plains Exchange and Xxxxxxxx Bridge Commons Heritage Station in GeorgiaNorth Carolina, and (iii) Shoppes at Parkland and University Palms in Florida (collectively, the “Other Properties”), which Other Properties are the subject to Agreements of Purchase and Sale by and between Affiliates of SellerSellers, as seller, and Purchaser, as purchaser (the “Other Property Agreements”) ), the parties hereto acknowledging that the Property is being sold as a part of the portfolio containing the Property and the Other Properties and the parties do not intend to sell or purchase the Property or any of the Other Properties as individual assets; provided, however, that (1) if the affiliate of Seller which is the seller under the Other Property Agreement for the Texas assets duly exercises its right to terminate such Other Property Agreement with respect to Champions Village pursuant to Section 10.13 thereof (such termination, the “Champions 10.13 Termination”), or (2) the “Closing Date” of the sale of Champions Village is scheduled to occur following the Closing Date hereunder pursuant to the terms of the Other Property Agreement for Champions Village, then the closing of the sale of -00- Xxxxxxxxx Xxxxxxx Champions Village shall not be a condition to the Closing of the sale of the Property. Seller intends Sellers intend that the sale of the Property, together with the sale of the Other Properties by Affiliates of Seller Sellers constitute the sale of property to one buyer as part of one transaction within the meaning of Section 857(b)(6)(E)(vi) of the Internal Revenue Code of 1986, as amended. Furthermore, if either party exercises any right to terminate this Agreement in accordance herewith, such party (or its applicable Affiliate) shall simultaneously terminate each of the Other Property Agreements (if such Other Property Agreements are not terminated by their terms), and the xxxxxxx money deposits held under such Other Property Agreements shall be delivered to the party (or its applicable Affiliate) entitled to receive same hereunder. Seller and Purchaser hereby agree that the exercise of a right to terminate under any of the Other Property Agreements shall automatically terminate this Agreement, and the Xxxxxxx Money Deposit shall be delivered to the party hereunder who is entitled to receive (or whose applicable Affiliate is entitled to receive) same under such terminated Other Property Agreement; provided, however, that the exercise of the Champions 10.13 Termination shall not cause the termination of this Agreement. Further, a default under any of the Other Property Agreements shall constitute a default under this Agreement and Seller and Purchaser shall have all rights and remedies provided hereunder as if such default had occurred with respect to this Agreement. Notwithstanding anything to the contrary provided in this Agreement, (x) if Closing is extended pursuant to the express terms of this Agreement, such party (or its applicable Affiliate) shall simultaneously be deemed to agree to extend the closing under each of the Other Property Agreements for the same number of days as the Closing is extended hereunder (if closing under such Other Property Agreements is not automatically extended for the same number of days by their terms), and (y) Seller and Purchaser hereby agree that the extension -47- of closing under any of the Other Property Agreements shall automatically extend the Closing under this Agreement for the same number of days as the closing is extended under any of the Other Property Agreements.

Condition Precedent to Closing. Notwithstanding anything to the contrary contained herein (but subject to Sections Section 9.1 and 9.3 hereof), it shall be a condition to each party’s 's obligation to close the sale of the Oak Park Real Property, the Oak Park Improvements and all Property related thereto (the “Oak Park Property”), that a closing occur simultaneously with the Closing with respect to (i) Oak Park Village Shoppes at Parkland and Champions Village University Palms in TexasFlorida, (ii) Heritage Station in North Carolina, and (iii) Cherokee Plaza, Xxxxx Plains Exchange and Xxxxxxxx Bridge Commons in Georgia, and (iii) Shoppes at Parkland and University Palms in Florida Georgia (collectively, the “Other Properties”), which Other Properties are the subject to Agreements of Purchase and Sale by and between Affiliates of Seller, as seller, and Purchaser, as purchaser (the “Other Property Agreements”) the parties hereto acknowledging that the Oak Park Property is being sold as a part of the portfolio containing the Oak Park Property and the Other Properties and the parties do not intend to sell or purchase the Oak Park Property or any of the Other Properties as individual assets; provided, however, that (1) if the affiliate of Seller which is the seller under the Other Property Agreement for the Texas assets duly exercises its right to terminate such Other Property Agreement with respect to Champions Village pursuant to Section 10.13 thereof (such termination, the “Champions 10.13 Termination”), or (2) the “Closing Date” of the sale of Champions Village is scheduled to occur following the Closing Date hereunder pursuant to the terms of the Other Property Agreement for Champions Village, then the closing of the sale of -00- Xxxxxxxxx Xxxxxxx shall not be a condition to the Closing of the sale of the Property. Seller intends that the sale of the Oak Park Property, together with the sale of the Other Properties by Affiliates of Seller constitute the sale of property to one buyer as part of one transaction within the meaning of Section 857(b)(6)(E)(vi) of the Internal Revenue Code of 1986, as amended. Furthermore, if either party exercises any right to terminate this Agreement in accordance herewithherewith (except for Seller’s right to terminate this Agreement with respect to the Champions Property pursuant to Section 10.13 below), such party (or its applicable Affiliate) shall simultaneously terminate each of the Other Property Agreements (if such Other Property Agreements are not terminated by their terms), and the xxxxxxx money deposits held under such Other Property Agreements shall be delivered to the party (or its applicable Affiliate) entitled to receive same hereunder. Seller and Purchaser hereby agree that the exercise of a right to terminate under any of the Other Property Agreements shall automatically terminate this Agreement, and the Xxxxxxx Money Deposit shall be delivered to the party hereunder who is entitled to receive (or whose applicable Affiliate is entitled to receive) same under such terminated Other Property Agreement; provided, however, that the exercise of the Champions 10.13 Termination shall not cause the termination of this Agreement. Further, a default under any of the Other Property Agreements shall constitute a default under this Agreement and Seller and Purchaser shall have all rights and remedies provided hereunder as if such default had occurred with respect to this Agreement. Notwithstanding anything to the contrary provided in this Agreement, (x) if Closing is extended pursuant to the express terms of this Agreement, such party (or its applicable Affiliate) shall simultaneously be deemed to agree to extend the closing under each of the Other Property Agreements for the same number of days as the Closing is extended hereunder (if closing under such Other Property Agreements is not automatically extended for the same number of days by their terms), and (y) Seller and Purchaser hereby agree that the extension of closing under any of the Other Property Agreements shall automatically extend the Closing under this Agreement for the same number of days as the closing is extended under any of the Other Property Agreements.

Condition Precedent to Closing. Notwithstanding anything to the contrary contained herein (but subject to Sections 9.1 and 9.3 hereof), it shall be a condition to each party’s 's obligation to close the sale of the Property, that a closing occur simultaneously with the Closing with respect to (i) Oak Park Village and Champions Village in Texas, (ii) Heritage Station in North Carolina, and (iii) Cherokee Plaza, Xxxxx Plains Exchange and Xxxxxxxx Bridge Commons in Georgia, and (iii) Shoppes at Parkland and University Palms in Florida Georgia (collectively, the “Other Properties”), which Other Properties are the subject to Agreements of Purchase and Sale by and between Affiliates of SellerSellers, as seller, and Purchaser, as purchaser (the “Other Property Agreements”) ), the parties hereto acknowledging that the Property is being sold as a part of the portfolio containing the Property and the Other Properties and the parties do not intend to sell or purchase the Property or any of the Other Properties as individual assets; provided, however, that (1) if the affiliate of Seller which is the seller under the Other Property Agreement for the Texas assets duly exercises its right to terminate such Other Property Agreement with respect to Champions Village pursuant to Section 10.13 thereof (such termination, the “Champions 10.13 Termination”), or (2) the “Closing Date” of the sale of Champions Village is scheduled to occur following the Closing Date hereunder pursuant to the terms of the Other Property Agreement for Champions Village, then the closing of the sale of -00- Xxxxxxxxx Xxxxxxx Champions Village shall not be a condition to the Closing of the sale of the Property. Seller intends Sellers intend that the sale of the Property, together with the sale of the Other Properties by Affiliates of Seller Sellers constitute the sale of property to one buyer as part of one transaction within the meaning of Section 857(b)(6)(E)(vi) of the Internal Revenue Code of 1986, as amended. Furthermore, if either party exercises any right to terminate this Agreement in accordance herewith, such party (or its applicable Affiliate) shall simultaneously terminate each of the Other Property Agreements (if such Other Property Agreements are not terminated by their terms), and the xxxxxxx money deposits held under such Other Property Agreements shall be delivered to the party (or its applicable Affiliate) entitled to receive same hereunder. Seller and Purchaser hereby agree that the exercise of a right to terminate under any of the Other Property Agreements including, but not limited to, the exercise by Purchaser of its right to terminate the Other Property Agreement with respect to Champions Village pursuant to Section 5.4 thereof, shall automatically terminate this Agreement, and the Xxxxxxx Money Deposit shall be delivered to the party hereunder who is entitled to receive (or whose applicable Affiliate is entitled to receive) same under such terminated Other Property Agreement; provided, however, that the exercise of the Champions 10.13 Termination shall not cause the termination of this Agreement. Further, a default under any of the Other Property Agreements shall constitute a default under this Agreement and Seller and Purchaser shall have all rights and remedies provided hereunder as if such default had occurred with respect to this Agreement. Notwithstanding anything to the contrary provided in this Agreement, (x) if Closing is extended pursuant to the express terms of this Agreement, such party (or its applicable Affiliate) shall simultaneously be deemed to agree to extend the closing under each of the Other Property Agreements for the same number of days as the Closing is extended hereunder (if closing under such Other Property Agreements is not automatically extended for the same number of days by their terms), and (y) Seller and Purchaser hereby agree that the extension of closing under any of the Other Property Agreements shall automatically extend the Closing under this Agreement for the same number of days as the closing is extended under any of the Other Property Agreements.

Condition Precedent to Closing. Notwithstanding anything to the contrary contained herein (but subject to Sections Section 9.1 and 9.3 hereof), it shall be a condition to each party’s obligation to close the sale of the Oak Park Real Property, the Oak Park Improvements and all Property related thereto (the “Oak Park Property”), that a closing occur simultaneously with the Closing with respect to (i) Oak Park Village Shoppes at Parkland and Champions Village University Palms in TexasFlorida, (ii) Heritage Station in North Carolina, and (iii) Cherokee Plaza, Xxxxx Plains Exchange and Xxxxxxxx Bridge Commons in Georgia, and (iii) Shoppes at Parkland and University Palms in Florida Georgia (collectively, the “Other Properties”), which Other Properties are the subject to Agreements of Purchase and Sale by and between Affiliates of Seller, as seller, and Purchaser, as purchaser (the “Other Property Agreements”) the parties hereto acknowledging that the Oak Park Property is being sold as a part of the portfolio containing the Oak Park Property and the Other Properties and the parties do not intend to sell or purchase the Oak Park Property or any of the Other Properties as individual assets; provided, however, that (1) if the affiliate of Seller which is the seller under the Other Property Agreement for the Texas assets duly exercises its right to terminate such Other Property Agreement with respect to Champions Village pursuant to Section 10.13 thereof (such termination, the “Champions 10.13 Termination”), or (2) the “Closing Date” of the sale of Champions Village is scheduled to occur following the Closing Date hereunder pursuant to the terms of the Other Property Agreement for Champions Village, then the closing of the sale of -00- Xxxxxxxxx Xxxxxxx shall not be a condition to the Closing of the sale of the Property. Seller intends that the sale of the Oak Park Property, together with the sale of the Other Properties by Affiliates of Seller constitute the sale of property to one buyer as part of one transaction within the meaning of Section 857(b)(6)(E)(vi) of the Internal Revenue Code of 1986, as amended. Furthermore, if either party exercises any right to terminate this Agreement in accordance herewithherewith (except for Seller’s right to terminate this Agreement with respect to the Champions Property pursuant to Section 10.13 below), such party (or its applicable Affiliate) shall simultaneously terminate each of the Other Property Agreements (if such Other Property Agreements are not terminated by their terms), and the xxxxxxx money deposits held under such Other Property Agreements shall be delivered to the party (or its applicable Affiliate) entitled to receive same hereunder. Seller and Purchaser hereby agree that the exercise of a right to terminate under any of the Other Property Agreements shall automatically terminate this Agreement, and the Xxxxxxx Money Deposit shall be delivered to the party hereunder who is entitled to receive (or whose applicable Affiliate is entitled to receive) same under such terminated Other Property Agreement; provided, however, that the exercise of the Champions 10.13 Termination shall not cause the termination of this Agreement. Further, a default under any of the Other Property Agreements shall constitute a default under this Agreement and Seller and Purchaser shall have all rights and remedies provided hereunder as if such default had occurred with respect to this Agreement. Notwithstanding anything to the contrary provided in this Agreement, (x) if Closing is extended pursuant to the express terms of this Agreement, such party (or its applicable Affiliate) shall simultaneously be deemed to agree to extend the closing under each of the Other Property Agreements for the same number of days as the Closing is extended hereunder (if closing under such Other Property Agreements is not automatically extended for the same number of days by their terms), and (y) Seller and Purchaser hereby agree that the extension of closing under any of the Other Property Agreements shall automatically extend the Closing under this Agreement for the same number of days as the closing is extended under any of the Other Property Agreements.

Condition Precedent to Closing. Notwithstanding anything to the contrary contained herein (but subject to Sections 9.1 and 9.3 hereof), it shall be a condition to each party’s 's obligation to close the sale of the Property, that a closing occur simultaneously with the Closing with respect to (i) Oak Park Village and Champions Village in Texas, (ii) Cherokee Plaza, Xxxxx Plains Exchange and Xxxxxxxx Bridge Commons Heritage Station in GeorgiaNorth Carolina, and (iii) Shoppes at Parkland and University Palms in Florida (collectively, the “Other Properties”), which Other Properties are the subject to Agreements of Purchase and Sale by and between Affiliates of SellerSellers, as seller, and Purchaser, as purchaser (the “Other Property Agreements”) ), the parties hereto acknowledging that the Property is being sold as a part of the portfolio containing the Property and the Other Properties and the parties do not intend to sell or purchase the Property or any of the Other Properties as individual assets; provided, however, that (1) if the affiliate of Seller which is the seller under the Other Property Agreement for the Texas assets duly exercises its right to terminate such Other Property Agreement with respect to Champions Village pursuant to Section 10.13 thereof (such termination, the “Champions 10.13 Termination”), or (2) the “Closing Date” of the sale of Champions Village is scheduled to occur following the Closing Date hereunder pursuant to the terms of the Other Property Agreement for Champions Village, then the closing of the sale of -00- Xxxxxxxxx Xxxxxxx Champions Village shall not be a condition to the Closing of the sale of the Property. Seller intends Sellers intend that the sale of the Property, together with the sale of the Other Properties by Affiliates of Seller Sellers constitute the sale of property to one buyer as part of one transaction within the meaning of Section 857(b)(6)(E)(vi) of the Internal Revenue Code of 1986, as amended. Furthermore, if either party exercises any right to terminate this Agreement in accordance herewith, such party (or its applicable Affiliate) shall simultaneously terminate each of the Other Property Agreements (if such Other Property Agreements are not terminated by their terms), and the xxxxxxx money deposits held under such Other Property Agreements shall be delivered to the party (or its applicable Affiliate) entitled to receive same hereunder. Seller and Purchaser hereby agree that the exercise of a right to terminate under any of the Other Property Agreements including, but not limited to, the exercise by Purchaser of its right to terminate the Other Property Agreement with respect to Champions Village pursuant to Section 5.4 thereof, shall automatically terminate this Agreement, and the Xxxxxxx Money Deposit shall be delivered to the party hereunder who is entitled to receive (or whose applicable Affiliate is entitled to receive) same under such terminated Other Property Agreement; provided, however, that the exercise of the Champions 10.13 Termination shall not cause the termination of this Agreement. Further, a default under any of the Other Property Agreements shall constitute a default under this Agreement and Seller and Purchaser shall have all rights and remedies provided hereunder as if such default had occurred with respect to this Agreement. Notwithstanding anything to the contrary provided in this Agreement, (x) if Closing is extended pursuant to the express terms of this Agreement, such party (or its applicable Affiliate) shall simultaneously be deemed to agree to extend the closing under each of the Other Property Agreements for the same number of days as the Closing is extended hereunder (if closing under such Other Property Agreements is not automatically extended for the same number of days by their terms), and (y) Seller and Purchaser hereby agree that the extension of closing under any of the Other Property Agreements shall automatically extend the Closing under this Agreement for the same number of days as the closing is extended under any of the Other Property Agreements.

Condition Precedent to Closing. Notwithstanding anything to the contrary contained herein (but subject to Sections 9.1 and 9.3 hereof), it shall be a condition to each party’s obligation to close the sale of the Property, that a closing occur simultaneously with the Closing with respect to (i) Oak Park Village and Champions Village in Texas, (ii) Heritage Station in North Carolina, and (iii) Cherokee Plaza, Xxxxx Plains Exchange and Xxxxxxxx Bridge Commons in Georgia, and (iii) Shoppes at Parkland and University Palms in Florida Georgia (collectively, the “Other Properties”), which Other Properties are the subject to Agreements of Purchase and Sale by and between Affiliates of SellerSellers, as seller, and Purchaser, as purchaser (the “Other Property Agreements”) ), the parties hereto acknowledging that the Property -45- is being sold as a part of the portfolio containing the Property and the Other Properties and the parties do not intend to sell or purchase the Property or any of the Other Properties as individual assets; provided, however, that (1) if the affiliate of Seller which is the seller under the Other Property Agreement for the Texas assets duly exercises its right to terminate such Other Property Agreement with respect to Champions Village pursuant to Section 10.13 thereof (such termination, the “Champions 10.13 Termination”), or (2) the “Closing Date” of the sale of Champions Village is scheduled to occur following the Closing Date hereunder pursuant to the terms of the Other Property Agreement for Champions Village, then the closing of the sale of -00- Xxxxxxxxx Xxxxxxx Champions Village shall not be a condition to the Closing of the sale of the Property. Seller intends Sellers intend that the sale of the Property, together with the sale of the Other Properties by Affiliates of Seller Sellers constitute the sale of property to one buyer as part of one transaction within the meaning of Section 857(b)(6)(E)(vi) of the Internal Revenue Code of 1986, as amended. Furthermore, if either party exercises any right to terminate this Agreement in accordance herewith, such party (or its applicable Affiliate) shall simultaneously terminate each of the Other Property Agreements (if such Other Property Agreements are not terminated by their terms), and the xxxxxxx money deposits held under such Other Property Agreements shall be delivered to the party (or its applicable Affiliate) entitled to receive same hereunder. Seller and Purchaser hereby agree that the exercise of a right to terminate under any of the Other Property Agreements shall automatically terminate this Agreement, and the Xxxxxxx Money Deposit shall be delivered to the party hereunder who is entitled to receive (or whose applicable Affiliate is entitled to receive) same under such terminated Other Property Agreement; provided, however, that the exercise of the Champions 10.13 Termination shall not cause the termination of this Agreement. Further, a default under any of the Other Property Agreements shall constitute a default under this Agreement and Seller and Purchaser shall have all rights and remedies provided hereunder as if such default had occurred with respect to this Agreement. Notwithstanding anything to the contrary provided in this Agreement, (x) if Closing is extended pursuant to the express terms of this Agreement, such party (or its applicable Affiliate) shall simultaneously be deemed to agree to extend the closing under each of the Other Property Agreements for the same number of days as the Closing is extended hereunder (if closing under such Other Property Agreements is not automatically extended for the same number of days by their terms), and (y) Seller and Purchaser hereby agree that the extension of closing under any of the Other Property Agreements shall automatically extend the Closing under this Agreement for the same number of days as the closing is extended under any of the Other Property Agreements.