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b. Buyer shall have until the date twenty 20 en in days after the receipt of the <br /> Title Commitment and the Survey(collectively,"Title/Survey")to review <br /> Title/Survey and to give Seller written notice of(i)any defects in the <br /> marketability of Seller title to the Property or any encumbrances on Seller's title <br /> to the Property that are objectionable to Buyer,and(ii)the specific actions Buyer <br /> requests that Seller take with respect to each such defect or encumbrance(a"Title <br /> Objection Notice"). Any defects in or encumbrances on Seller's title that Buyer <br /> does not identify in a timely Title Objection Notice are each a"Permitted <br /> Exception." Within three(3)business days after Seller's receipt of a Title <br /> Objection Notice from Buyer,Seller will notify Buyer,in writing,of the actions, <br /> if any,that Seller is willing to take with respect to each of the matters identified in <br /> the Title Objection Notice and the time frame in which Seller will take those <br /> actions("Seller's Title Notice"). If Seller's Title Notice indicates that Seller <br /> unconditionally agrees to make Seller's title to the Property marketable on or <br /> before the closing date established pursuant to Section 10,the parties shall <br /> proceed to closing pursuant to the terms of this Agreement. If Seller's Title <br /> Notice indicates that Seller does not unconditionally agree to make Seller's Title <br /> to the Property marketable on or before the closing date established in Section 10, <br /> Buyer may,at any time with fivet4ee(54)business days after Buyer's receipt of <br /> Seller's Title Notice,terminate this Agreement by written notice to Buyer in <br /> which case this Agreement is terminated and Escrow Agent must disburse any <br /> Earnest Money(other than Earnest Money that Escrow Agent has disbursed to <br /> Seller pursuant to Sections 4(b)and(c))("Buyer's Title Termination Notice"). <br /> If Buyer does not deliver a Buyer's Title Termination Notice to Seller within the <br /> fives`54)business days after Buyer's receipt of Seller's Title Notice,than <br /> Seller must perform in accordance with Seller's Title Notice,Buyer shall be <br /> deemed to have waived Buyer's objections to the extent Seller has not agreed to <br /> address them in Seller's Title Notice,the matters to which Buyer objected and <br /> 4 Seller did not agree to resolve are deemed Permitted Exceptions,and the parties <br /> shall proceed to Closing in accordance with the terms of this Agreement and the <br /> terms of Seller's Title Notice. <br /> 8. 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 /> 3 DRAFT <br />