Buyer’s Waiver; Termination. The conditions set forth in this Section 8.1 are solely for the benefit of Buyer and may be waived only by Xxxxx. At all times Buyer has the right to waive any condition. Such waiver or waivers must be in writing to Seller. If any conditions are not satisfied or waived, in Xxxxx’s sole discretion, on or before the end of the Due Diligence Period, without prejudice to any other rights or remedies herein and upon providing written notice to Seller, Buyer may terminate this Agreement by written notice delivered to Seller prior to the expiration of the Due Diligence Period. In the event Buyer terminates this Agreement pursuant to this paragraph or any other provision of this Agreement permitting Buyer to terminate this Agreement, the Xxxxxxx Money Deposit, together with any interest that may have accrued on any portion thereof in Escrow prior to its release, shall be immediately returned to Buyer. This Agreement thereafter shall be null and void and neither party shall have any obligation to the other except for those obligations of the parties that are expressly stated to survive. Any costs charged by the Title Company to cancel Escrow and to cancel title commitments shall be equally borne by Seller and Xxxxx. In the event Buyer fails to deliver notice of such termination to Seller on or before the expiration of the Due Diligence Period, Buyer shall be deemed to have satisfied and waived the conditions to its performance under Sections 8.1.1 and 8.1.2 above and Section 9, below.
