Common use of Termination Prior to the Closing Clause in Contracts

Termination Prior to the Closing. If the Closing shall not have occurred on or prior to June 30, 2005, this Agreement and all obligations of the Parties hereunder, except the obligations under this Section 2.2(d) and Sections 8, 9, 10, 11 and 12.7, shall terminate, unless extended by mutual agreement of the Parties; provided, however, that such termination shall not constitute a waiver of any rights any Party have by reason of a breach of this Agreement.

Termination Prior to the Closing. If this Agreement is terminated pursuant to Section 2.3(a) or the Closing shall not have occurred on or prior to June 30July 31, 20052006, this Agreement and all obligations of the Parties parties hereunder, except the obligations under this Section 2.2(d2.3(d) and Sections 813, 9, 10, 11 14 and 12.715.7, shall terminate, unless extended by mutual written agreement of the Partiesparties; provided, however, that such termination shall not constitute a waiver of any rights any Party party may have by reason of a breach of this Agreement.