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agree upon in writing (the "Closing Date"). Such date and time may not be extended without the <br />prior written approval of both City and Buyer. <br />6.3 Deposit of Documents <br />(a) At or before the Closing, City shall deposit into escrow the duly executed and <br />acknowledged Deed conveying the Property to Buyer subject to the Conditions of Title. <br />(b) At or before the Closing, Buyer shall deposit into escrow the all funds <br />necessary to close this transaction. <br />(e) City and Buyer shall each deposit such other instruments as are reasonably <br />required by the Title Company or otherwise required to close the escrow and consummate the <br />purchase of the Property in accordance with the terms of this Agreement. <br />6.4 Prorations <br />Any real property taxes and assessments; water, sewer and utility charges; amounts <br />payable under any service contracts; annual permits and/or inspection fees (calculated on the <br />basis of the period covered); and any other expenses normal to the operation and maintenance of <br />the Property, shall all be prorated as of 12:01 a.m. on the date the Deed is recorded, on the basis <br />of a three hundred sixty-five (365)-day year. The Purchase Price shall be increased by the <br />amount of any utility deposits paid by City with respect to the Property. If any of the above <br />described prorations cannot be calculated accurately on the Closing Date, then the same shall be <br />calculated as soon as reasonably practicable after the Closing Date and either Party owing the <br />other Party a sum of money based on such subsequent proration(s) shall promptly pay such sum <br />to the other Party. <br />7. RISK OF LOSS <br />7.1 Loss <br />(a) Condemnation. <br />City shall give Buyer notice of any commencement of condemnation proceedings <br />affecting the Property. In the event that all or any portion of the Property is condemned, then <br />Buyer may, at its option to be exercised within ten (10) days of City's notice of the <br />commencement of condemnation proceedings, either terminate this Agreement or consummate <br />the purchase for the full Purchase Price as required by the terms hereof. If Buyer elects to <br />terminate this Agreement or fails to give City notice within such ten (10)-day period that Buyer <br />will proceed with the purchase, then this Agreement shall terminate at the end of such ten (10)- <br />day period, the Title Company shall return the Deposit (excluding the Initial Deposit) to Buyer, <br />and neither party shall have any further rights or obligations hereunder except as provided in <br />Sections 4.4 [Entry and Indemnity], 8.2 [Brokers], or otherwise expressly provided herein. If <br />Buyer elects to proceed with the purchase of the Property, then upon the Closing, Buyer shall <br />receive a credit against the Purchase Price payable hereunder equal to the amount of any <br />condemnation awards actually collected by City as a result of any such condemnation. If the <br />awards have not been collected as of the Closing, then City shall assign such awards to Buyer, <br />and Buyer shall not receive any credit against the Purchase Price with respect to such awards. <br />(b) Damage or Destruction <br />In the event that all or any portion of the Property is destroyed or damaged by fire <br />or other casualty prior to the Closing, then this Agreement shall not terminate and Buyer shall <br />consummate the purchase for the full Purchase Price. In such event, then upon the Closing, <br />8 <br />