EDA’s and Developer’s Options Sample Clauses
EDA’s and Developer’s Options. In the event that any of the foregoing contingencies fail to be satisfied on or before the Closing Date, the Developer or the EDA, as the case may be, may:
(a) terminate this Agreement; or
(b) waive such failure and proceed to close; or
(c) the Developer and EDA may mutually agree to extend the Closing Date. Section 4.5.
EDA’s and Developer’s Options. In the event that any of the foregoing contingencies fail to be satisfied on or before the Closing Date, the Developer or the EDA, as the case may be, may:
(a) terminate this Agreement; provided that the contingencies in Section 3.3(1) are solely for the benefit of the EDA and may not be a cause for termination by the Developer and the contingencies in Section 3.3(2) are solely for the benefit of the Developer and may not be a cause for termination by the EDA; or
(b) waive such failure and proceed to close; provided that the contingencies in Section 3.3(1) are solely for the benefit of the EDA and may be waived only by the EDA and the contingencies in Section 3.3(2) are solely for the benefit of the Developer and may be waived only by the Developer; or
(c) the Developer and EDA may mutually agree to extend the Closing Date. Section 3.4.
