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<br />the satisfaction (or written waiver by Buyer) of each of the following <br />conditions: <br /> <br />I) All covenants required to be performed or complied with by Seller on <br />or before the Closing Date shall have been fully complied with or <br />performed in all material respects; <br /> <br />2) Seller shall have delivered to Buyer each of the closing items described <br />in this Agreement, and such items shall be reasonably satisfactory in <br />form to Buyer; <br /> <br />3) Buyer having obtained health department approval; <br /> <br />4) Buyer having obtained liquor; and <br /> <br />5) Buyer to complete a property inspection: <br /> <br />6) No action, suit or proceeding before any court or governmental body or <br />authority, pertaining to or affecting the transactions contemplated by <br />this Agreement, shall have been instituted or threatened on or before the <br />Closing Date. <br /> <br />7) Buyer attorney to review all documents. <br /> <br />B. Conditions to Obligation of Seller. The obligation of Seller to complete the sale <br />in accordance with the terms set forth in this Agreement is subject to the <br />satisfaction (or written waiver by Seller) of each of the following conditions: <br /> <br />I) All covenants required to be performed or complied with by Buyer on <br />or before the Closing Date shall have been fully complied with or <br />performed in all material respects; <br /> <br />2) Buyer shall have delivered to Seller each of the closing items described <br />in this Agreement, and such items shall be reasonably satisfactory in <br />form to Seller; and; <br /> <br />3) No action, suit or proceeding before any court or governmental body or <br />authority, pertaining to or affecting the transactions contemplated by <br />this Agreement, shall have been instituted or threatened on or before the <br />Closing Date. <br /> <br />4) At time of closing Seller will deliver a bill of sale for all the <br />equiptrnent. <br /> <br />II. Time. Survivability. and Amendment. Time is of the essence in this Agreement. <br />All representations, warranties and obligations of the parties hereunder shall survive the <br />execution of this Agreement and the closing hereunder. This Agreement may be <br />amended only in writing signed by all parties. <br /> <br />J/; <br />