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(ii) Buyer's Escrow Deposits. All of the Buyer Escrow <br /> Deposits shall have been delivered to escrow at Closing. <br /> (iii) Representations and Warranties. The representations and <br /> warranties of Buyer in Section 9 of this Agreement shall be true and correct in all <br /> material respects as of the Closing (or as of such other date to which such <br /> representation or warranty expressly is made). <br /> (iv) Covenants and Obligations. The covenants and <br /> obligations of Buyer in this Agreement shall have been performed in all material <br /> respects. <br /> If any of the Seller Closing Conditions is not satisfied at Closing, then Seller shall have <br /> the right to (a) terminate this Agreement by providing written notice to Buyer, in which <br /> case the Earnest Money shall be disbursed to Buyer, and the parties shall have no <br /> further rights or obligations under this Agreement, except those which expressly survive <br /> such termination, or (b) waive any of the Seller Closing Conditions at or prior to Closing. <br /> 6.3 Buyer Closing Conditions. In addition to the Mutual Closing <br /> Conditions, Buyer's obligations to close the transactions described in this Agreement are <br /> subject to the satisfaction at or prior to Closing of the following conditions precedent (the <br /> "Buyer Closing Conditions"): <br /> (i) No Material Change. No material change in the condition of <br /> the Property between the Effective Date and the Closing Date. <br /> (ii) Seller's Escrow Deposits. All of the Seller Escrow Deposits <br /> shall have been delivered to escrow at Closing. <br /> (iii) Representations and Warranties. The representations and <br /> warranties of Seller in Section 9 of this Agreement shall be true and correct in all <br /> material respects as of the Closing (or as of such other date to which such <br /> representation or warranty expressly is made). <br /> (iv) Covenants and Obligations. The covenants and <br /> obligations of Seller in this Agreement shall have been performed in all material <br /> respects. <br /> If any of the Buyer Closing Conditions is not satisfied at Closing, then Buyer shall have <br /> the right (a) to terminate this Agreement by providing written notice to Seller, in which <br /> case the Earnest Money shall be refunded to Buyer, and the parties shall have no <br /> further rights or obligations under this Agreement, except those which expressly survive <br /> such termination, or (b) to waive any of the Buyer Closing Conditions at or prior to <br /> Closing. <br /> 4 <br />