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reo. I. iUUU O.~!~M 11 U 'T~I-O Q rc-'~ *v~'!J ,''' ~ o~~ ,.",,1 vi"'" (a) .... , ",~ s ,/. as earnest money ("Earnest Money") which Earnest Money shall be held by ("Es~w Agent") in accordance with an escrow agreement among Seller, Buyer and Escrow Agent. (b) $ in cash or by wire transfer of U.S. Federal FW1d~ to be received in Title's tr:ust account b~{ wire transfer, certified or cashier's check on or before the Closing Date. 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following ("Contingencies"): (a) Representations and Warranties. The representations and v.-arranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer at dosing a certificate dated the Closing Date, signed by an authorized representative of SeUer, certifying that such representations and warranties are true as of the Closing Date (the "Bring-down Certificate"). (b) Iiik. Title ~hali have been fOlUld acceptable, or been made acceptable, in accordance \\ith the requirements and terms of Section 6 below. (c) Performance of Seller's Obli12ations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. Included within the obligations of Seller under this Agreement shall be the following: (i) Seller shall allow Buyer, and Buyer's agents, access to the Real property without charge and at all reasonable times fo':.' the pwpose of Buyer's investigation and testing tbe same. Buyer shall pay all costs and expenses of' such IDsestigation and testing and shall hold Seller and the Real Property harmless from all costs and liabilities relating to the Buyer's activities. Buyer shall further repair and restore any damage to the Real Property caused by ()f occurring during Buyer's testing and return the Real Property and/or Pel'Sonal Property to substantiall,. the Same condition as existed prior to such entry. (ii) Seller shall without charge to Buyer cooperate in Buyer's attempts to obtain all governmental approvals necessa..J' in Buyer's judgment in order to make that use of the Property which Buyer. Seller shall further execute such rezoning applications, plats, environmental workshe.ets and other documents as may be required by governmental bodies to accomplish the foregoing (Hi) On or before Seller shall deliver to Buyer true and correct copies of all Contracts, Permits, Warranties, Plans, and the 2 .... L' 'k..~ $ ~ ~i' , S~; .Ji..