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reu• f. OP :J C.QIRP KU ..00 <br /> r kke .A 4 <br /> O ,s.s l v. (a) as earnest money ( "Earnest Money ") which <br /> ° Earnest Money shall be held by ( "Escrow Agent ") in <br /> accordance with an escrow agreement among Seller, Buyer and Escrow Agent. <br /> (b) $ in cash or by wire transfer of U.S. Federal Funds to be received in <br /> Title's trust account by wire transfer, certified or cashier's check on or before the <br /> Closing Date. <br /> 3. Contingencies. The obligations of Buyer under this Agreement are contingent <br /> upon each of the following ( "Contingencies'): <br /> (a) Representations and Warranties. The representations and warranties of Seller <br /> contained in this Agreement must be true now and on the Closing Date as if made <br /> on the Closing Date and Seller shall have delivered to Buyer at closing a <br /> certificate dated the Closing Date, signed by an authorized representative of <br /> Seller, certifying that such representations and warranties are true as of the <br /> Closing Date (the "Bring -down Certificate "). <br /> (b) Title. Title shall have been found acceptable, or been made acceptable, in <br /> accordance with the requirements and terms of Section 6 below. <br /> (c) perfglmance of Seller's Obligations. Seller shall have performed all of the <br /> obligations required to be performed by Seller under this Agreement, as and when <br /> required by this Agreement. Included within the obligations of Seller under this <br /> Agreement shall be the following: <br /> (i) Seller shall allow Buyer, and Buyer's agents, access to the Real <br /> property without charge and at all reasonable times for the purpose of <br /> Buyer's investigation and testing the same. Buyer shall pay all costs <br /> and expenses of such investigation and testing and shall hold Seller and <br /> the Real Property harmless from all costs and liabilities relating to the <br /> Buyer's activities. Buyer shall further repair and restore any damage to <br /> the Real Property caused by or occurring during Buyer's testing and <br /> return the Real Property and/or Personal Property to substantially the <br /> same condition as existed prior to such entry. <br /> (ii) Seller shall without charge to Buyer cooperate in Buyer's attempts to <br /> obtain all governmental approvals necessary in Buyer's judgment in <br /> order to make th t use of the Property which Buyer. Seller cboll further <br /> execute such rezoning applications, plats, environmental worksheets <br /> and other documents as may be required by governmental bodies to <br /> accomplish the foregoing. <br /> (iii) On or before Seller shall deliver to Buyer true and <br /> correct copies of all Contracts, Permits, Warranties, Plans, and the <br /> 2 <br /> Nic.k s <br /> -µ6,m4 <br />