Common use of Special Provisions Regarding Runaway Bay I and Runaway Bay II Properties Clause in Contracts

Special Provisions Regarding Runaway Bay I and Runaway Bay II Properties. Notwithstanding anything to the contrary set forth in this Agreement, in the event this Agreement is terminated with respect to either Runaway Bay I or Runaway Bay II for any reason whatsoever, such termination shall be deemed to apply to the other Runaway Bay Property as well so that at all times this Agreement either includes or excludes both Runaway Bay I and Runaway Bay II (and not simply one or the other). For purposes of clarification, in the event Purchaser is entitled to a return of the Applicable Share of the Deposit plus the Return on Deposit as a result of the termination of this Agreement with respect to either Runaway Bay I or Runaway Bay II, Purchaser shall also be entitled to a return of the Applicable Share of the Deposit plus the Return on Deposit allocated to the other such Runaway Bay Property. The deemed termination of this Agreement with respect to either Runaway Bay I or Runaway Bay II shall not, in and of itself, shall not result in an intentional default under Section 11.2 for which Sellers would be liable for payment of the Termination Fee described therein. Purchaser shall be entitled to terminate, and receive the Applicable Share of the Deposit plus the Return on Deposit, with respect to both Runaway Bay I or Runaway Bay II in the event that the required third-party consents to the sale of Runaway Bay I are not obtained.