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reasonable steps necessary to obtain the Requested Declaration Amendment(s). If the terms of
<br />the Declarations are not acceptable to Purchaser, in Purchaser's sole opinion, and/or if Seller is
<br />unable to obtain the Requested Declaration Amendment(s), Purchaser may, at its option,
<br />terminate this Contract and declare this Contract null and void and of no further force and effect.
<br />Seller covenants to diligently take whatever reasonable action is necessary to obtain
<br />the title insurance coverage described in Article 5 acceptable to Purchaser.
<br />B. Access: Seller grants to Purchaser, Purchaser's agents and contractors, the right to
<br />enter upon the Premises to make the Tests (as defined in Article 6A(5), surveys, and
<br />environmental assessments. In the event that Purchaser's entry upon the Premises disturbs
<br />any portion of the Premises, Purchaser agrees to restore the Premises to substantially its prior
<br />condition. Purchaser agrees to indemnify, defend and hold Seller harmless from and against
<br />any and all losses, damages, causes of action, claims, liabilities, cost and expenses (including
<br />reasonable attorneys' fees and court costs), suffered or incurred by Seller as a result of, directly
<br />or indirectly, the conduct of the Tests, surveys and/or environmental assessments or the entry
<br />upon the Premises by Purchaser, its agents, contractors, employees, licensees and invitees,
<br />which indemnity obligation will survive closing or termination of this Contract for a period of one
<br />year from the date of final execution of this Contract. The foregoing will not include, however,
<br />any cost, expense, claim or liability arising out of or in any way related to contaminated soil,
<br />asbestos or other environmental hazards discovered by the Tests or environmental
<br />assessments, or for any pre-existing physical conditions upon the Premises, to the extent that
<br />Purchaser did not create or exacerbate such conditions.
<br />7. Possession and Demolition:
<br />A. Possession: Seller covenants to deliver sole and actual possession of the
<br />Premises to Purchaser, free and clear of all tenancies and parties in possession on the date title
<br />passes to Purchaser, subject to the easements contemplated in this Contract.
<br />B. Demolition: Seller further covenants to demolish and remove from the Premises all
<br />signs, encroachments and existing improvements, including foundations and underground
<br />tanks, if any, within 10 days after Purchaser notifies Seller that all contingencies and/or
<br />conditions precedent have been satisfied or waived. This provision is a contingency of this
<br />Contract.
<br />C. As -Is: Purchaser acknowledges that except for any obligations or express warranties
<br />and representations contained in this Contract or any instrument, document or agreement to be
<br />delivered to Purchaser at Closing, Purchaser is not relying on any written, oral, implied or other
<br />representations, statements or warranties by Seller or any agent of Seller or any real estate
<br />broker or salesman. All previous written, oral, implied or other statements, representations,
<br />warranties or agreements, if any, are merged herein. Except as expressly set forth herein,
<br />Seller will have no liability to Purchaser, and Purchaser hereby releases Seller from any liability
<br />(including, but not limited to, contractual and/or statutory actions for contribution or indemnity),
<br />for, concerning or regarding (i) the nature and condition of the Premises, including, but not
<br />limited to, the suitability thereof for any activity or use; (ii) any improvements or substances
<br />located thereon; or (iii) the compliance of the Premises with any laws, rules, ordinances or
<br />regulations of any government or other body. PURCHASER ACKNOWLEDGES THAT
<br />Document #: 1118064-v6
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