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Notice indicates that Seiler does not unconditionally agree to make Seller's Title
<br />to the Property mark„etahle on Or hetbre the dosiHng date esuiblished in Section 0.
<br />Buyer may, at any bane with three (3) business days atter ,Buyer's receipt of
<br />Seller's Title 1\lotice terminate this Agreement lay \,vritten nt,iticc to Buyer in
<br />which case this Agreement is terminated and Escro‘v Agentmust disburse any
<br />ryloney to !liver (,'''',Buyer's Title Tertninnti CM NO tce" 1f 13uyer does
<br />not deliver a Buyer's Title Termination Notice to Seller 'within the three (3)
<br />business days alter Buyer's receipt of Seller's Title Notice. (Ilan Seller must
<br />perform in accordance with SC1 ler's Title Notice„ Buyer shall be deemed, to have
<br />waived Buyer's, 1...1)jections to the extent Seller has not agreed to addness them in
<br />SO1 er's, 'lit le Notice., the matters to which Buyer objected and Seller did not agree
<br />to resolve are deemed Permitted Exceptions, and the parties shall 1,)roceed to
<br />Closing in accordance ‘vith the terms of this .Agreement and the terms Seller's
<br />Title 'Notice,
<br />7. Rh(all. OF ENTRY. At all times after Boyer has deposited the Earnest Money with
<br />Seiler and before the (losing, Buyer (and its employees, agents, and contractors) rnay
<br />enter. the Propciiy for the ptirrgyse o LS ntduet ingsoil tests, environmental tests and
<br />add itional survey work, subject to the folkiwing conditions:.
<br />a. Within one )veek after the termination of this Agreement, if either Seller or 130),er
<br />terml,nate this Agreefliella in alCCordanee With the provisions hereot' prior to
<br />(,,71(„ising, Buyer must repifir and or restore any damage Buyer or its env loyecs.
<br />agents or eontraetors cause"to the Property and remove any personal property,
<br />refuse IOU debris liuyer .or its, employees, agents or coltractors brotaght onto or
<br />authorized third parties ti,) hring onto the Property.
<br />Buyer utast defend and indemnify Seller from and against and hold Seller
<br />harmless Seller Ciotti all "Claims" as defined in ,Section 10. arising out of,
<br />resulting .from or relating to any loss of or damage to any properly or business or
<br />out of any injury or death of any person, if the loss, (tannage, injury,. or death
<br />arises or is alleged loarise, either directly or indirectly and either 1,vholly or in part.
<br />from: (a) ,any action or omission at Buyer t),t' its employees, agents, or contract.ars,
<br />while citt the Properly pursuant to this Section; or (h) actia„Nas or ornissiims of
<br />I3uyer or ,Buyer's employees, agents, c,)r coittractors that came ur result in the
<br />release of any Hazardous Substance onto, the Property or onto other property,
<br />c. Buyer must comply xvith amend :shatt cause it employees, agents, and contractors Co
<br />cotriply with all applicable ilay.,15, while on the ,Properly.
<br />d. (Miler than an standard Phase I environmentai .assessment, Buyer may not
<br />commence any environatenta 1 estin, on the Property until Buyer submits a work
<br />plan for ,such testing to Seiler and Seller ,approves the work plan, in writing,.
<br />Seller ihily11111 unreasonahly Withho id, condition or delay Se iter' s approval of a
<br />work, plan
<br />Pig_ 3 of 11.
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