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<br />shall be commenced by Buyer within a reasonable time after <br />Closing. <br /> <br />(a) Representations. The representations and warranties <br />made by Seller in this Agreement shall be true and correct in <br />all material respects on the Closing Date subject to the 30-day <br />extension provided in Section 9.1 above. <br /> <br />(b) Seller's Obligations. Seller shall have <br />performed in all material respects all covenants, agreements, <br />and obligations and complied in all material respects with all <br />conditions required by this Agreement to be performed or <br />complied with by Seller prior to Closing Date (as the same may <br />be adjourned pursuant to this Agreement) subject to the 30-day <br />extension provided in Section 9.1 above. <br /> <br />(c) Possession. The Property shall be free and clear <br />of any persons, tenants, or improvements of any kind on the <br />Closing Date, except for Seller as set forth herein and for the <br />improvements existing on the Effective Date. <br /> <br />(d) Authorization of Avila Condominium Association, <br />Inc. Seller shall have obtained authorization, in a form and <br />content reasonably satisfactory to the Buyer, that the Board of <br />Directors of Avila Condominium Association, Inc. have approved <br />this Agreement. <br /> <br />9.2 Conditions to Seller's Obligations. Each of the <br />following events or occurrences (the "Seller's Conditions <br />Precedent") shall be a Condition Precedent to Seller's <br />obligation to close this transaction. If the Seller's <br />Conditions Precedent have not been satisfied on or before the <br />Closing Date (as the same may be adj ourned pursuant to this <br />Agreement), Buyer shall have thirty (30) days after Seller <br />delivers to Buyer written notice of such unsatisfied Seller's <br />Condi tion Precedent wi thin which to satisfy the unsatisfactory <br />condi tion and should Buyer not have done so wi thin said 30-day <br />period, Seller shall have the right to either (i) exercise any <br />and all remedies available under this Agreement or at law or in <br />equi ty, including terminating this Agreement and receiving and <br />retaining all Escrow Funds, whereupon Buyer and Seller shall be <br />relieved of all further obligations under this Agreement, except <br />for those that expressly survive termination of this Agreement; <br />or (ii) waive the condition and close. <br />