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06/14/18
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06/14/18
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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 />three (3) business days after Buyer's receipt of Seller's Title Notice, than Seller <br />must perform in accordance with Seller's Title Notice, Buyer shall be deemed to <br />have waived Buyer's objections to the extent Seller has not agreed to address <br />them in Seller's Title Notice, the matters to which Buyer objected and Seller did <br />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 8), 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 9, arising out of, resulting <br />from or relating to any loss of or damage to any property or business or out of any <br />injury to or death of any person, if the loss, damage, injury, or death arises or is <br />alleged to arise either directly or indirectly and either wholly or in part from: (a) <br />any action or omission of Buyer or its employees, agents, or contractors, while on <br />the Property pursuant to this Section; or (b) actions or omissions of Buyer or <br />Buyer's employees, agents, or contractors that cause or result in the release of any <br />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. 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 8, Buyer agrees to accept the Property in its current condition, <br />Page 3 of 14 <br />
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