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Purchaser's pro rata share of the cost of constructing the roads, pursuant to a separate <br />agreement. Notwithstanding the foregoing, if the Private Access Roads are not completed or <br />are not constructed in a manner acceptable to Purchaser, in Purchaser's sole discretion, <br />Purchaser may either (i) terminate this Contract, in which event Purchaser will not be <br />responsible for any costs or expenses associated with the Private Access Roads or (ii) proceed <br />to closing and complete or re -construct the Private Access Roads in a manner acceptable to <br />Purchaser, pursuant to the terms of Article 5 of the Seller's Work Rider. <br />12. Signage: Purchaser determining, in Purchaser's sole discretion, that it will be <br />able to obtain adequate signage for its intended development, through recorded agreements or <br />otherwise. Notwithstanding the foregoing, Purchaser and Seller agree that Purchaser is entitled <br />to the following signage: (i) one (1) 4' x 4' panel on the "Project Entry Sign" as shown on Exhibit <br />D-1; (ii) one (1) 6' x 8' panel on the "Project Gateway Sign" as shown on Exhibit D-2; (iii) one <br />panel on the east side of the "Community Pylon" as shown on Exhibit D-3 and (iv) Seller and <br />Purchaser agree that Purchaser has the right to construct a temporary pylon sign at the corner <br />of Highway 10 and Armstrong as shown on Exhibit D-4, and that the costs of such temporary <br />pylon sign will be distributed amongst Purchaser, Seller and any relevant third parties in a <br />manner that is mutually acceptable to Purchaser and Seller. Seller further agrees to use <br />commercially reasonable efforts to obtain all necessary permits, approvals and/or easements to <br />construct a permanent pylon sign at or near the aforementioned location when the <br />Armstrong/Highway 10 interchange construction is complete. To the extent Seller undertakes to <br />construct such pylon sign, Seller agrees that Purchaser will be granted at least one panel on the <br />permanent pylon sign, and Purchaser and Seller further agree that the costs associated with <br />such permanent pylon sign, should one eventually be constructed, will be distributed amongst <br />Purchaser, Seller and any relevant third parties in a manner that is mutually acceptable to <br />Purchaser, Seller and such relevant third parties. Nothing herein will preclude Seller from <br />constructing such sign and providing panels thereon to third parties if Seller, Purchaser and <br />relevant third parties cannot come to agreement as to the location of the sign, Purchaser's panel <br />thereon and the distribution of the costs related thereto. <br />13. Declaration(s): Seller has informed Purchaser, and Purchaser has <br />acknowledged that the Premises is or may be encumbered by one or more Declarations, <br />including but not limited to that certain Agreement and Declaration of Easements, Covenants <br />and Restrictions for COR TWO dated , recorded , that certain <br />Declaration of Signage and Related Electrical Line Easements, dated , 2012, <br />recorded , 2012, and that certain Agreement Relating to the Plat of COR TWO, <br />dated , 2012, recorded , 2012 (collectively, the <br />"Declarations"). <br />Notwithstanding anything contained in this Contract to the contrary, Purchaser will <br />have the right to review the Declarations during the time period set forth in Article 5 to assure <br />that the terms and provisions of the Declarations are acceptable to Purchaser, and that the <br />Declarations are not in conflict with the business or legal parameters of this Contract or <br />Purchaser's intended use of the Premises. Seller acknowledges that Purchaser may request <br />certain modifications and/or amendments to the Declarations that Purchaser deems necessary <br />or desirable, in Purchaser's sole opinion, for Purchaser's intended construction and operation of <br />Purchaser's improvements on the Premises and Purchaser's intended use of the Premises (the <br />"Requested Declaration Amendment(s)"), and Seller agrees to take all commercially <br />Document #: 1118064-v6 <br />-6- <br />