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<br />_....... ..,.. ._._.....~.. .......... ..............-.....' ""_ .~ ....' .... ~~ ',,-,_.~__'.' ""'''-", .........~......_... _._ _'-". '''''"-'oJ'-....~.;. <br /> <br />I ~8 <br /> <br /> <br />I the requirements and terms of Section 3.0(E) <br />(t below. <br /> <br />2. Performance of Seller's Obligations. Seller shall <br />have performed all of the obligations required to <br />be performed by Seller under this Agreement as and <br />II when required by this Agreement, including without <br />limitation the following: <br /> <br />a. Access. Seller shall allow City and City's <br />I agents access to the Real Property without <br />charge and at all reasonable times for the <br />purpose of investigation and testing. City <br />shall pay all costs and expenses of such <br />II investigation and testing and shall hold <br />Seller harmless from all costs ~~d <br />liabilities relating to City'S activities. <br /> <br />II b. Documents. Within ten (10) days after the <br />date of this Agreement, Seller shall deliver <br />to City true and correct copies of all the <br />II D,ocuments (as hereinafter defined) for City's <br />examination and analysis. <br /> <br />I 3. Testing. Within ninety (90) days after the date <br />hereof, City shall have determined prior to the <br />Closing Date, that it is satisfied with the <br />results of and matters disclosed by soil tests, <br />Ie engineering inspections, hazardous waste and <br />environmental reviews and other tests and <br />inspections of the Real Property, all of which <br />shall be obtained at City's sole cost and expense. <br /> <br />II 4. Document Review. Within ninety (90) days of the <br />date hereof, CiLy shall have determined that it is <br />II satisfied with its examination and analysis of all <br />contracts, agreements, plans, warranties and all <br />other documents in connection with the Real <br />Property (together with any amendment thereto) <br />I including, without limitation, the following (all <br />of which are collectively referred to herein as <br />the "Documents"): <br /> <br />I a. To the extent available, results of soil <br />tests, percolation tests, structural <br />engineering tests, masonry tests, water, oil, <br />I gas, mineral, asbestos, radon, formaldehyde, <br />PCB or other environmental tests, inspection <br />reports, market studies and core samples, if <br />any, which relate to the Real Property or the <br />I business carried upon therein and which are <br />either in the possession of the Seller or <br />owned by Seller. <br /> <br />II 5 <br />" <br />II <br /> <br /> <br />------------ <br />