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04/07/16
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04/07/16
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not agree to resolve are deemed Permitted Exceptions, and the parties shall <br />proceed to Closing in accordance with the terms of this Agreement and the terms <br />of Seller's Title Notice. <br />6. RIGHT OF ENTRY. At all times after Buyer has deposited the Earnest Money with <br />Seller and before the expiration of the Inspection Period (as defined in Section 9), Buyer <br />(and its employees, agents, and contractors) may enter the Property for the purpose of <br />conducting soil tests, environmental tests and additional survey work, subject to the <br />following conditions: <br />a. Upon the earlier of the date one week after Buyer's completion of its activities on <br />the Property or the date one week after the termination of this Agreement, if either <br />Seller or Buyer terminate this Agreement in accordance with the provisions <br />hereof prior to Closing, Buyer must repair and or restore any damage Buyer or its <br />employees, agents or contractors cause to the Property and remove any personal <br />property, refuse or debris Buyer or its employees, agents or contractors brought <br />onto or authorized third parties to bring onto the Property. <br />b. Buyer must defend and indemnify Seller from and against and hold Seller <br />harmless Seller from all "Claims," as defined in Section 10, arising out of, <br />resulting from or relating to any loss of or damage to any property or business or <br />out of any injury to or death of any person, if the loss, damage, injury, or death <br />arises or is alleged to arise either directly or indirectly and either wholly or in part <br />from: (a) any action or omission of Buyer or its employees, agents, or contractors, <br />while on the Property pursuant to this Section; or (b) actions or omissions of <br />Buyer or Buyer's employees, agents, or contractors that cause or result in the <br />release of any Hazardous Substance onto the Property or onto other property. <br />c. Buyer must comply with and shall cause it employees, agents, and contractors to <br />comply with all applicable laws, while on the Property. <br />d. Buyer may not commence any environmental testing on the Property until Buyer <br />submits a work plan for such testing to Seller and Seller approves the work plan, <br />in writing. Seller may not unreasonably withhold, condition or delay Seller's <br />approval of a work plan. <br />e. Buyer must, promptly and without demand from Seller, provide Seller with true <br />and complete copies of all draft and final reports relating to Buyer's geotechnical <br />and environmental investigations and testing of the Property including, without <br />limitation, any reports relating to any Phase I Environmental Site Assessment of <br />the Property. <br />f. The cost of any test or additional survey work will be borne solely by Buyer. <br />7. PROPERTY SOLD AS IS. Subject to Buyer's right to terminate this Agreement <br />pursuant to Section 9, Buyer agrees to accept the Property in its current condition, <br />Purmort PA, v03312016, G>EDA>Accounts>Purmort 3 <br />
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