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LJEEJ�77 1,'.L. -7. - ' •...771!i1
<br />4.1 property Information. Within 3 days of the Effective Date, Seller shall deliver to Buyer, at no cost to Buyer,
<br />complete and accurate copies of any contracts, leases, licenses or other agreements pertaining to the Property, and
<br />copies of all permits, plats, authorizations, notices, consents, approvals, plans, specifications, surveys, engineering
<br />studies, analysis, soil test borings, geatechnical reports, environmental studies, operating agreements, Permits,
<br />wetland delineations, tax statements, tax notices, and other documentation pertaining to the Property (whether
<br />prepared or issued by Seller, Seller's agents or independent contractors, any governmental authority or agency, federal,
<br />state or lacal, or any other third party), to the extent that Seller has the same in Its possession or has a right of
<br />possession thereto (collectively, "Property Information'. Upon del" of Property Intonnatbn to Buyer, Seller
<br />shall provide written notice ("Property Information Notice") to Buyer stating that the Seller has delivered all of
<br />the Property Information In its possession and conbol. If Soler does not timely deliver the Property Information
<br />and Properly Information Notice to Buyer prior to the expiration of the applicable deadline set forth above, then the time
<br />for all performances, payment obligations, and deadline dates (including, without limitation, the time for performances
<br />or elections by Buyer hereunder, the dates pertaining to payment or disbursement of any Earnest Money or pertaining
<br />to any Earnest Money becoming non-refundable, the Contingency Date and Closing Date), shall be extended by one
<br />(1) day for each day Seller is late in delivering the Property Information.
<br />4.2 Inspections. At any time after the Effective Date, Buyer and its employees, agents, contractors, designees,
<br />attorneys, tax advisors, lenders, and other representatives ("Authorized Partied shall have the right to enter upon the
<br />Property from time to time for the purpose of Investigating and inspecting the Property, performing inquiries and testing
<br />upon the Property, and determining the suitability of the Property, including without limitation, inspecting, surveying,
<br />engineering, test boft weWd delineating, performance of environmental tests, and other feasibility studies and
<br />antes (collectively the "Inspections"). Except as provided above, Buyer shall indemnify and hold harmless Seller
<br />from and against any liabilities or damages to persons or property arising from Buyer's entry onto the Property
<br />hereunder, unless such liabilities or damages arise from the negligence or willful misconduct of Seller, provided,
<br />however, that Buyer's indemnification and hold harmless obligations shall not apply to any liabilities or damages arising
<br />out of or in arty way related to any hazardous substances, hazardous materials, pollutants, contaminants, toxic
<br />substances or contaminated soil or groundwater discovered during the Inspections and not introduced onto the
<br />Property by Buyer or its Authorized Parties.
<br />4.3 Covenants of Cooperation. Seller agrees to cooperate, at no cost to Seiler, with Buyer and its Authorized
<br />Parties with respect to Buyer's intended development and use of the Property and any efforts to obtain any
<br />governmental or quasi-govemmental approvals, permits, authorizations or agreements required for Buyer's intended
<br />development or use of the Property. Seller agrees to execute, and If required, to use commerci* reasonable efforts
<br />to obtain the written consent therefore from any mortgagee(s) or other third parties who may have a ken upon the
<br />Property, for any applications, submissions or other documents required to be filed in connection with any efforts to
<br />obtain such approvals (including, without limitation, a plat or re -plat of the Property).
<br />5. Control of Prooertv: Condemn
<br />5.1 Control of Propft. Until the Closing, except for Buyer's indemnification obligations set forth in Section 4.2.
<br />above, Seller shall have full responsibility and the entire liability for any and all damages or injury of any kind
<br />whatsoever to the Property and all persons, whether employees or otherwise, and all properly from and connected to
<br />the Property, except to the extent caused by Buyers negligent acts or willful misconduct. From and after the Effective
<br />Date, Seller will not enter into or permit any new easements, covenants, conditions, restrictions, liens, mortgages, or
<br />other encumbrances whatsoever upon the Property, or any amendments or modifications of any such existing
<br />encumbrances on or prior to the Closing Date, without Buyers express written consent The condition of the Properly at
<br />Closing shall be the same as of the Effective Date of this Agreement, reasonable wear and tear excepted. During the
<br />period from the date of Seller's acceptance of this Agreement to the Clouting Date, Seller will not enter into any
<br />contracts or agreements affecting the Property that are not cancellable within thirty (30) days' notice from Seller, wNvxA
<br />obtaining Buyer's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
<br />5.2 Condemnation. If, prior to the Closing, the Property shall be the subject of an action in eminent domain or a
<br />proposed taking by a governmental authority, whether temporary or permanent Buyer, in its sole discretion, shall have
<br />the right to terminate this Agreement upon written notice to Seller, and upon termination, the Earnest Money shall be
<br />delivered to and retained by Buyer, and thereafter, neither party shall have any further liability or obligation under this
<br />Agreement, except that Buyers indemnification obligations under Section 4.2 above shall survive such termination. ff
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