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c. In the event Buyer requests an extension of the Inspection Period, and the <br />extension is agreed to in writing by Seller, all remaining Earnest Money shall <br />become non-refundable and released to the Seller by the Escrow Agent. <br />d. Upon Seller's receipt of a Notice to Proceed from Buyer in accordance with <br />Section 109(b), all of the Earnest Money becomes non-refundable (except in <br />accordance with Section 23 as a result of a default by Seller). <br />e. If Buyer does not provide a Notice to Proceed to Seller in accordance with <br />Section 109(b), this Agreement automatically terminates and Escrow Agent must <br />disburse all Earnest Money Escrow Agent holds to Buyer, other than Earnest <br />Money Escrow Agent is obligated to disburse to Seller pursuant to Sections 4(b) <br />and (c). <br />f. At Closing, Escrow Agent shall disburse to Seller any Earnest Money not <br />previously disbursed to Seller, and Buyer shall receive a credit against the <br />Purchase Price owing at Closing in an amount equal to the amount of the Earnest <br />Money. <br />5. SURVEY. Seller shall, at Seller's expense, obtain an ALTA/ACSM 2016 Changes <br />survey (Table A, items 1-4 and 6, 8, 11 a and 21) (the "Survey") from a duly licensed <br />surveyor and deliver it to Buyer within thirty (30) days after the Effective Date. Buyer <br />may arrange with the surveyor to include additional information on the Survey at Buyer's <br />expense. <br />6. PLATTING & DEVELOPMENT AGREEMENT. Buyer must obtain an approved <br />final plat and a development agreement with the City of Ramsey for the development of <br />aapproximately a 72.000 square foot building (phase one) and a 51.840 square foot <br />building (phase two) square foot building on the Property before <br />Closing. Development Agreement and Site Plan must comply with all local zoning <br />ordinances and design standards, including The COR Design Standards. The <br />Development Agreement required for development of the Land shall include, as exhibits, <br />the site design and the front, side and rear elevations of the proposed structure(s). Seller <br />expressly reserves the right to approve the site design and elevations to be utilized on this <br />Property. <br />7. TITLE COMMITMENT. <br />a. Seller makes no representations or warranties with respect to the status of title to <br />the Property. Within ten (10) business days after the Effective Date, Seller shall, <br />at Seller's expense, obtain a commitment from Escrow Agent to issue an owner's <br />policy of title insurance insuring Buyer's title to the Property (the "Title <br />Commitment") and deliver the Title Commitment and copies of or internet access <br />to copies of all recorded documents referenced in the Title Commitment to Buyer. <br />2 DRAFT <br />