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i <br /> and with all faults and defects, latent or otherwise, and that the City is <br /> making and will make no representations or warranties, either expressed <br /> or implied, by operation of law or otherwise, with respect to the title, <br /> quality, physical conditions or value of Parcel B, its habitability, <br /> suitability,merchantability or fitness for a particular purpose, the presence <br /> or absence of conditions on Parcel B that could give rise to a claim for <br /> personal injury, property or natural resource damages; the presence of <br /> hazardous or toxic substances, materials or waste, substances, <br /> contaminants, or pollutants on, under or about Parcel B; or the income or <br /> expenses from or of Parcel B. This provision shall survive the Closing or <br /> earlier termination of this Agreement. <br /> 9. Title. Prior to the Effective Date, City shall at its cost provide Gaughan f <br /> Properties with a commitment for an owner's policy of title insurance, and <br /> within 30 days after receipt by the City of said commitment, provide a <br /> survey for the Property at the City's cost. Prior to Closing on the <br /> acquisition of Parcel B, Gaughan Properties shall obtain, at its cost, any <br /> title insurance commitments and surveys which it deems necessary. In the <br /> event title to Parcel B is not marketable, at the time of Closing, Gaughan <br /> Properties shall have the following rights: <br /> a. Revoke the exercise of its option;or <br /> b. Waive any exceptions to title which make title to Parcel B <br /> unmarketable and proceed to close. <br /> 10. Condemnation. In the event that more than 15% of Parcel B shall be <br /> taken under the power of eminent domain by a party other than the City <br /> prior to closing, the purchase option right accorded hereunder shall <br /> terminate upon such taking and Gaughan Properties shall have no further <br /> purchase rights hereunder. All damages awarded for any such taking prior <br /> to Closing shall belong to and be the property of the City. <br /> 11. Notices. Any notice required or permitted under this Agreement shall be <br /> deemed given if delivered by personal delivery upon the City Manager if <br /> delivery is upon the City or an officer of Gaughan Properties if service is <br /> upon Gaughan Properties, if deposited in the United States mail, postage <br /> prepaid and sent certified mail, return receipt requested; or if deposited <br /> with a nationally-recognized overnight courier, with costs prepaid. <br /> Notices shall be addressed as follows: <br /> If to the City: Attention: City Manager <br /> City of Roseville <br /> 2660 Civic Center Drive <br /> Roseville,MN 55113 <br /> Page 4 of 9 <br />