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SELLER agrees to permit access to the Property at reasonable times and with advance notice, to <br />BUYER's authorized inspectors. In the event that BUYER reasonably determines that the Property <br />is unacceptable to BUYER due to the condition of the Property, BUYER shall give SELLER <br />written notice of such fact as soon as possible and in any event on or before the expiration of the <br />Review Period. If any such unacceptable matter can be corrected by the mutual agreement of <br />SELLER and BUYER (without any obligation on the part of either SELLER or BUYER to so <br />agree), then this Agreement shall be amended as appropriate on or before the end of the Review <br />Period. in the event SELLER and BUYER are unable to so agree, BUYER may, at BUYER'S <br />option, terminate this Agreement by written notice to SELLER prior to the expiration of the <br />Review Period. BUYER'S preserving this Agreement in effect shall be deemed an approval of the <br />Property, and BUYER waives any right to object further to any of the foregoing. BUYER shall <br />hold any and all materials and information in confidence, subject to the State of Minnesota's data <br />privacy laws as applied to BUYER, a Minnesota Municipal Corporation and BUYER shall <br />indemnify, protect, defend and hold SELLER harmless from and against any and all loss, cost, <br />claim, liability or expense arising out of any inspection or contact made pursuant to this Agreement <br />or otherwise. In the event the transaction does not close for any reason, BUYER shall restore the <br />areas of the Property unreasonably disturbed by its Review, to substantially the same condition as <br />existed prior to the BUYER'S entry on the Property. BUYER shall deliver to SELLER, at no cost <br />to SELLER, copies of all surveys, reports, audits or similar information obtained during the <br />Review Period. <br /> <br /> 8. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes and <br />assessments shall be payable as follows: <br /> <br />ao <br /> <br />Real estate taxes due and payable in and for the year of closing shall be <br />prorated between SELLER and BUYER to the actual date of closing. <br /> <br />BUYER shall assume on the date of closing, all special assessments levied as <br />of the date of this Agreement. <br /> <br />Co <br /> <br />BUYER shall assume on the date of closing, special assessments pending as <br />of the date of this Agreement for improvements that have been ordered by the <br />City Council or other governmental assessing authorities. <br /> <br />SELLER shall pay on the date of closing, any deferred real estate taxes or <br />special assessments payment of which is required as a result of the closing of <br />this sale. <br /> <br />BUYER shall pay real estate taxes due and payable in the year following <br />closing and thereafter and any unpaid special assessments payable therewith <br />and thereafter, the payment of which is not otherwise provided for herein. <br /> <br />SELLER makes no representation concerning the amount of future real estate taxes or of future <br />special assessments. <br /> <br /> 9. DAMAGES TO REAL PROPERTY. If the Property is substantially damaged <br />prior to closing, this Agreement shall terminate and any Earnest Money shall be refunded to <br />BUYER. If the Property is damaged materially but less than substantially prior to closing, <br /> <br />2 <br /> <br /> <br />