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<br />five (5) days actual notice. <br /> <br />Any such notice shall be confirmed <br /> <br />in writing. <br /> <br />9.02 Neither Party shall be required to close hereunder until <br /> <br />all conditions herein set forth upon which its obligation to close <br /> <br />hereunder is based shall have been fully performed. <br />9.03 If bona fide litigation shall arise, challenging the <br /> <br />legal right of either Party to make and perform this Agreement, <br />LCRA and CITY, respectively, have the right, at any time prior to <br /> <br />the Closing Date, to suspend and postpone the consummation of this <br /> <br />Agreement until such right shall have been sustained by a final <br /> <br />judgment of a court of competent jurisdiction, but neither Party <br /> <br />shall be obligated hereunder if such litigation shall prevent <br /> <br />Closing hereunder for a period in excess of one year from the date <br /> <br />hereof. <br /> <br />9.04 In the event that between the date hereof and the <br /> <br />Closing hereunder, any part, whether substantial or minor, of the <br /> <br />Properties to be sold hereunder shall be destroyed or rendered <br /> <br />useless by fire, flood, wind or other casualty, resulting in the <br /> <br />suspension or interference of the conduct of teRAts business in <br /> <br />the area above mentioned, CITY shall not be released from its <br /> <br />obligations hereunder; provided, however, that as to any such <br /> <br />Property so damaged or destroyed, which loss is not fully covered <br /> <br />by insurance, LCRA shall make repairs and replacements, at LCRAts <br /> <br />expense. <br /> <br />LCRA agrees that until the Closing Date, LCRA will <br /> <br />20. <br />