In the event any of the foregoing conditions has not been satisfied by the Closing Date, then Purchaser shall provide Seller with a written notice describing such unsatisfied conditions. If such conditions are not satisfied within ten (10) days following Seller’s receipt of such notice and Purchaser is not in breach or default hereunder, then Purchaser shall have the right either to # terminate this Agreement with respect solely to the Housing Community(ies) involved in such Closing for which conditions of this Section 8 have not been satisfied by written notice to Seller within one (1) business day after the expiration of such ten (10) day cure period, or # elect to proceed with the Closing (including, without limitation, with regard to such Housing Communities) despite the non-satisfaction of such conditions. In the event Purchaser so terminates this Agreement, the parties shall have no further rights, duties or obligations hereunder with respect to such Housing Community(ies) as were the subject of such termination, other than those which are expressly provided herein to survive the termination of this Agreement. In the event Purchaser so terminates this Agreement, Escrow Agent shall promptly refund the Earnest Money allocable to the Housing Community(ies) for which such termination has occurred then held by Escrow Agent to Purchaser. For the avoidance of doubt, in the event Purchaser elects to terminate this Agreement with respect to any Housing Community(ies) pursuant to subclause # above, this Agreement shall remain in full force and effect with respect to each other Housing Community (including those Housing Communities with respect to the applicable Closing for which the foregoing conditions have been satisfied).

In the event any of the foregoing conditions has not been satisfied by the applicable Closing Date, then Seller shall provide Purchaser with a written notice describing such unsatisfied conditions. In the event Purchaser breaches or fails, without legal excuse, to satisfy the foregoing condition and complete the purchase of the Property or to perform its obligations under this Agreement in any respect, and such failure continues for ten (10) days after written notice from Seller to Purchaser regarding the same (provided that such ten (10) day period shall not be applicable in connection with a failure by Purchaser to perform its obligations on the Closing Date set forth in Sections 9(a) and 9(c)), and Seller is not in breach of default hereunder, then Seller shall have the right either to # terminate this Agreement in its entirety by delivering written notice to Seller within one (1) business day after the expiration of such ten (10) day cure period or the Closing Date, if such cure period is not applicable, # terminate this Agreement with respect solely to the Housing Community(ies) involved in such Closing for which conditions of this Section 8 have not been satisfied by delivering written notice to Seller within one (1) business day after the expiration of such ten (10) day cure period or the Closing Date, if such cure period is not applicable, or # elect to proceed with the Closing (including, without limitation, with regard to such Housing Communities) despite the non-satisfaction of such conditions. In the event Seller terminates this Agreement in its entirety, # the parties shall have no further rights, duties or obligations hereunder with respect to such Housing Community(ies) as were the subject of such termination, other than those which are expressly provided herein to survive the termination of this Agreement, and # Escrow Agent shall deliver the Earnest Money to Seller. In the event Seller terminates this Agreement with respect to a specific Housing Community(ies) # the parties shall have no further rights, duties or obligations hereunder with respect to such Housing Community(ies) as were the subject of such termination, other than those which are expressly provided herein to survive the termination of this Agreement, and # Escrow Agent shall deliver the portion of the Earnest Money allocable to the Housing Community(ies) for which such termination has occurred then held by Escrow Agent to Seller. For the avoidance of doubt, in the event Seller elects to terminate this Agreement with respect to any Housing Community(ies) pursuant to subclause # above, this Agreement shall remain in full force and effect with respect to each other Housing Community (including those Housing Communities with respect to the applicable Closing for which the foregoing conditions have been satisfied).

In the event any of the conditions in this Section 6.1 have not been satisfied (or otherwise waived in writing by Purchaser) on or before the time period specified herein (as same may be extended or postponed as provided in this Agreement), Purchaser shall have the right to # give notice to Seller specifying which of the foregoing conditions have not been satisfied and provide Seller with ten (10) days from the delivery of such notice to satisfy any such conditions, or, alternatively, # terminate this Agreement by written notice to Seller given prior to the Closing, whereupon # Escrow Agent shall return the Earnest Money to Purchaser; and # except for those provisions of this Agreement which by their express terms survive the termination of this Agreement, no party hereto shall have any other or further rights or obligations under this Agreement.