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Closing Date, then this Agreement may be terminated, at Buyer's <br />option, by written notice from Buyer to Seller. Such notice of <br />termination may be given at any time on or before the Closing <br />Date. Upon such termination, neither party will have any further <br />rights or obligations regarding this Agreement or the Property, <br />all Earnest Money will be returned to Buyer, and the parties <br />shall execute a written cancellation of this Agreement. All of <br />the contingencies set forth in this Agreement are specifically <br />stated and agreed to be for the sole and exclusive benefit of the <br />Buyer and the Buyer shall have the right to unilaterally waive <br />any contingency by written notice to Seller. <br />4. Closing. The closing of the purchase and sale <br />contemplated by this Agreement (the "Closing ") shall occur within <br />ten (10) days of the execution of an Agreement with McDonald's <br />Inc. for the transfer of land relative to the relocation of <br />Viking drive. In no event shall closing occur later than sixty <br />(60) days of the date of this Agreement (the "Closing Date "). <br />The closing shall take place at the office of the Title Company <br />that provides the Title Commitment, or at such other place as may <br />be agreed to. Seller agrees to deliver possession of the <br />Property to Buyer on the Closing Date. <br />A. Seller's Closing Documents. On the Closing Date, <br />Seller shall execute and /or deliver to Buyer the <br />following (collectively "Seller's Closing Documents "): <br />(1) Deed. A Warranty Deed, in form reasonably <br />satisfactory to Buyer, conveying the Real Property <br />to Buyer, free and clear of all encumbrances, <br />except the Permitted Encumbrances hereafter <br />defined. <br />(2) Title Policy. The Title Policy, or a suitably <br />marked up Commitment for Title Insurance initialed <br />by the Title Company, in the form required by this <br />Agreement. <br />(3) Opinion of Seller's Counsel. If Seller is a <br />corporation, partnership, or other entity, and if <br />Seller is represented by counsel, an opinion of <br />Seller's counsel, dated as of the Closing Date, in <br />4 <br />