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("Escrow Agent"), via wire transfer or delivery of a certified check payable to Escrow Agent. <br />a. If Buyer does not deposit the Earnest Money as required above, then Seller may <br />terminate this Agreement by written notice to Buyer; provided, however, if Buyer <br />deposits the Earnest Money with Escrow Agent before Seller exercises Seller's <br />right to terminate, Seller's right to terminate is extinguished. <br />b. Upon Seller's receipt of a Notice to Proceed from Buyer in accordance with <br />Section 9(b), all of the Earnest Money becomes non-refundable (except in <br />accordance with Section 22 as a result of a default by Seller). <br />c. If Buyer does not provide a Notice to Proceed to Seller in accordance with <br />Section 9(b), this Agreement automatically terminates, and Escrow Agent must <br />disburse all Earnest Money Escrow Agent holds to Buyer. <br />d. 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 has provided the Buyer a 2016 Minimum Standard Detail <br />Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by <br />ALTA and NSPS, and includes Items: 1, 2, 3, 4, 5, 7a, 8, 11, and 14 of Table A thereof <br />for the underlying legal (the "Survey") from a duly licensed surveyor dated March 5, <br />2018. Buyer may arrange with the surveyor to include additional information on the <br />Survey at Buyer's expense <br />6. TITLE COMMITMENT. <br />a. Seller makes no representations or warranties with respect to the status of title to <br />the Property. Within thirty (30) business days after the Effective Date, Seller <br />shall, at Seller's expense, obtain a commitment from Escrow Agent to issue an <br />owner's 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 />b. Buyer shall have until the date thirty (30) days after the receipt of the Title <br />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 />Page 2 of 13 <br />