Common use of Delay in Closing; Authority to Close Clause in Contracts

Delay in Closing; Authority to Close. If Escrow Holder cannot close the Escrow on or before the scheduled Closing date, it will, nevertheless, close the same when all conditions have been satisfied or waived, notwithstanding that one or more of such conditions has not been timely performed, unless after said date and prior to Closing, Escrow Holder receives a written notice to terminate the Escrow and this Agreement from a party who, at the time such notice is delivered, is not in default hereunder. Neither (i) the exercise of such right to terminate, (ii) delay in the exercise of such right, nor (iii) the return of monies and documents, shall affect the right of the party giving such notice of termination to pursue legal or equitable remedies as provided in this Agreement for the other party's breach of this Agreement. Nor shall (i) the giving of such notice, (ii) the failure to object to termination of the escrow or (iii) the return of monies and documents affect the right of the other party to pursue other legal or equitable remedies as provided in this Agreement for the breach of the party who gives such notice.

Delay in Closing; Authority to Close. If Escrow Holder Agent cannot close the Escrow on or before the scheduled Scheduled Closing dateDate, it will, nevertheless, will nevertheless close the same when all conditions have been satisfied or waived, notwithstanding that one or more of such conditions has was not been timely performed, unless after said date the Scheduled Closing Date and prior to Closingthe close of the delayed Escrow, Escrow Holder Agent receives a written notice to terminate the Escrow and this Agreement with respect to the applicable Properties on which the Closing has been delayed, from a party who, at the time such notice is delivered, is not in default hereunderdefault. Neither (i) the exercise of such the right to terminateof termination, (ii) delay in the exercise of such rightthe right of termination, nor (iii) the return of monies and documents, shall affect the right of the party giving such notice of termination to pursue legal or equitable remedies as provided in this Agreement for the other party's ’s breach of this Agreement. Nor shall (i) the giving of such notice, (ii) the failure to object to termination of the escrow Escrow, or (iii) the return of monies and documents affect the right of the other party to pursue other legal or equitable remedies as provided in this Agreement for the breach of the party who gives such notice.

Delay in Closing; Authority to Close. If Escrow Holder Title Company cannot close the Escrow on or before the scheduled Closing dateDate, it will, nevertheless, will nevertheless close the same when all conditions have been satisfied or waived, notwithstanding that one or more of such conditions has was not been timely performed, unless after said date the Closing Date and prior to Closingthe close of the delayed Escrow, Escrow Holder Title Company receives a written notice to terminate the Escrow and this Agreement from a party who, at the time such notice is delivered, is not in default hereunderdefault. Neither (i) the exercise of such the right to terminateof termination, (ii) delay in the exercise of such rightthe right of termination, nor (iii) the return of monies and documents, shall affect the right of the party giving such notice of termination to pursue legal or equitable remedies as provided in this Agreement for the other party's ’s breach of this Agreement. Nor , nor shall (ix) the giving of such notice, (iiy) the failure to object to termination of the escrow Escrow, or (iiiz) the return of monies and documents affect the right of the other party to pursue other legal or equitable remedies as provided in this Agreement for the breach of the party who gives such notice.

Delay in Closing; Authority to Close. If Escrow Holder canthe Transaction has not close the Escrow closed on or before the scheduled Scheduled Closing dateDate and if the Ahold Agreement has not been terminated, it will, nevertheless, the Transaction will nevertheless close the same when all conditions have been satisfied or waived, notwithstanding that one or more of such conditions has was not been timely performed, unless after said date the Scheduled Closing Date, and prior to Closingthe close of the delayed Transaction, Escrow Holder Title Company receives a written notice to terminate the Escrow and from either RI or Pantry that this Agreement from a has been terminated by such party who, at pursuant to the time such notice is delivered, is not in default hereunderterms hereof. Neither (i) the exercise of such the right to terminateof termination, (ii) delay in the exercise of such rightthe right of termination, nor (iii) the return of monies and documents, shall affect the right of the party giving such notice of termination to pursue legal or equitable remedies as provided in this Agreement for the other party's ’s breach of this AgreementAgreement pursuant to Section 9. Nor shall (i) the giving of such notice, (ii) the failure to object to termination of the escrow Transaction, or (iii) the return of monies and documents affect the right of the other party to pursue other legal or equitable remedies as provided in this Agreement for the breach of the party who gives such notice.