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(vi) From and after the Effective Date, SELLER will not perform any <br />grading or excavation, construction or removal of any improvement or <br />landscaping or otherwise make any other change or improvement upon or about <br />the Property, without BUYER' s consent which consent BUYER may not <br />unreasonable withhold, condition or delay. <br />(vii) Prior to Closing, water, sanitary sewer, storm sewer, gas, <br />electricity and telephone utilities will be delivered to five (5) feet inside of the <br />Property line in a location reasonably acceptable to BUYER. <br />(viii) Prior to Closing, SELLER will work with the City to finalize the <br />Plat together with any other site plan approval required by the City. <br />b. Covenants of Buyer. <br />(i) Between the Effective Date and the contingency date set forth in <br />Section 15e. SELLER will use commercially reasonable efforts to obtain a Financing <br />Commitment as defined in Section 16e. <br />(ii) If BUYER has engaged a real estate agent in connection with this <br />transaction, BUYER must pay BUYER' s Agent any commission or fee due to BUYER' s <br />Agent in connection with this transaction. <br />20. 1VIISCELLANEOUS. <br />a. Time of Essence. Time is of the essence for all provisions of this <br />Agreement. <br />b. Survival of Terms. The Parties' obligations under this Agreement and <br />the representations and warranties which the Parties have recited in this <br />Agreement will survive SELLER's delivery of a deed to BUYER and the <br />closing of this transaction. <br />c. Notices. All notices provided for in this Agreement must be in writing. <br />The notice will be effective as of the date two (2) days after the Party <br />sending such notice deposits the notice with the United States Postal <br />Service with all necessary postage paid, for delivery to the other Party via <br />certified mail, return receipt requested, at the address set forth in Section 1 <br />above. If Party delivers a notice provided for in this Agreement in a <br />different manner than described in the preceding sentence, notice will be <br />effective as of the date the other party actually receives the notice. The <br />Party sending the notice must also mail a copy of the notice to the Parties' <br />respective attorneys via certified mail, return receipt requested at the <br />addresses set forth below: <br />Attorney for SELLER: William K. Goodrich <br />Randall and Goodrich, P.L.C. <br />2140 Fourth Avenue North <br />14 <br />