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property or business or any injury to (or death of) any person, where such loss, <br /> damage, injury, or death actually or allegedly arises(whether directly or indirectly, <br /> wholly or in part) from: (a) any action or omission of Buyer (or its employees, <br /> agents, or contractors) while on the Property pursuant to this Section; or (b) the <br /> exercise by buyer (or its employees, agents, or contractors) of the permission <br /> granted by this Section; or(c)the release of any Hazardous Substance (as defined <br /> below) resulting (directly or indirectly, wholly or in part) from any action or <br /> omission of Buyer(or its employees, agents, or contractors)while on the Property. <br /> 4.4 Buyer(and its employees, agents, and contractors) shall comply with all applicable <br /> laws while on the Property. <br /> 4.5 Buyer will not commence any environmental testing until its work plan for such <br /> testing has been approved in writing by Seller, which approval shall not be <br /> unreasonably withheld, conditioned or delayed. Buyer will provide Seller with <br /> complete copies of the test data and test reports as soon as they are available to <br /> Buyer. <br /> 4.6 The cost of any test or additional survey work will be borne solely by Buyer. <br /> 4.7 Seller agrees not to negotiate with any third parties for the sale of the Property <br /> unless Buyer and Seller in writing terminate this Agreement. <br /> 5. Title Examination. <br /> 5.1 Unless otherwise agreed to by the Parties, the Escrow Agent shall be the Title <br /> Company for this transaction. Within 10 business days after the Effective Date <br /> Seller shall, at Seller's expense, deliver a title commitment covering the Property. <br /> The cost of an owner's policy and the cost of deleting of any exceptions in the Title <br /> Commitment, other than those deleted by providing the Title Company with an <br /> ALTA survey, shall be at Buyer's sole expense. Buyer shall be responsible for the <br /> cost of any endorsements required by Buyer. <br /> 5.2 Buyer, at Buyer's expense shall within 30 days of the Effective Date obtain an <br /> ALTA Survey from a licensed surveyor in Minnesota. <br /> 5.3 Buyer shall have until the later o£ (i)the expiration of the Inspection Period; or(ii) <br /> ten business days after the receipt of the Survey and the Title Commitment <br /> (collectively, "Title/Survey") to review Title/Survey and to deliver in writing to <br /> Seller such objections as Buyer may have to anything contained therein. Any such <br /> item to which Buyer does not object shall be deemed a "Permitted <br /> Encumbrance." If Buyer's notice to Seller contains any objections to matters <br /> contained in Title/Survey, Seller shall notify Buyer within five days from receipt <br /> of Buyer's notice to notify Buyer in writing which items Seller will correct or <br /> remove from Title/Survey prior to the Closing ("Seller's Title Notice"). If Buyer <br /> notifies Seller within five days from receipt of Seller's Title Notice that Buyer <br /> accepts the matters contained in Seller's Title Notice, then such Title/Survey <br /> matters that Seller has not agreed to cure or remove from Title/Survey will be <br /> US.106153450.02 <br />