Waiver or Termination by the Vendor. The conditions contained in Section 5.4 are inserted for the exclusive benefit of the Vendor and may be waived in whole or in part without prejudice to any of their rights of termination in the event of non-performance of any other condition in whole or in part. If any of the conditions contained in Section 5.4 are not fulfilled or complied with by the time provided for, the Vendor may, at or prior to the Closing Time, terminate this Agreement by notice in writing after such time to the Purchaser. In such event the Vendor shall be released from all obligations in this Agreement and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the Purchaser or the Corporation, then the Purchaser shall also be released from all obligations in this Agreement except as set out in Article 8 or Section 10.2.
Waiver or Termination by the Vendor. The conditions contained in Section 6.3 hereof are inserted for the exclusive benefit of each of the Vendor and KI and may be waived in whole or in part by each of the Vendor and KI at any time. The Purchaser acknowledges that the waiver by either of the Vendor and KI of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Purchaser herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in Section 6.3 hereof are not fulfilled or complied with as herein provided, each of the Vendor and KI may, at or prior to the Closing Time at their option, rescind this Agreement by notice in writing to the Purchaser and in such event each of the Vendor or KI shall be released from all obligations hereunder, and unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the Purchaser, then the Purchaser shall also be released from all obligations hereunder other than those which by their nature are meant to survive.
