The closing of the sale of the Assets (the “Closing”) will take place promptly upon PhotoMedex’ completion of all closing conditions set forth herein or such earlier date as agreed by the parties on GlobalMed’s waiver of any outstanding closing condition (the “Closing Date”). However, GlobalMed, in its sole discretion, may terminate this Agreement prior to Closing if PhotoMedex fails to meet any of its closing conditions and GlobalMed does not waive any such condition. PhotoMedex has no right to terminate this Agreement other than on GlobalMed’s nonpayment of the Purchase Price under Section 1.1.1 above; provided that PhotoMedex will give GlobalMed written notice of nonpayment and an opportunity to cure. All provisions that should survive the Closing (i.e., indemnification, confidentiality) will so survive in accordance with their respective terms.