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Attachment C <br />such 60-day period, Buyer will, in addition to any other remedy available at law <br />or under this Agreement, have the option to do either of the following: <br />(1) Terminate this Agreement and receive a refund of the Earnest Money; or <br />(2) Waive the objections and proceed to close. <br />d. Title Policy. Buyer will cause the Title Insurer to deliver to Buyer at the closing <br />a title policy issued pursuant to the commitment, or a suitably marked—up <br />commitment initialed by the Title Insurer undertaking to issue such a title policy <br />in the form required by the commitment as approved by Buyer. <br />8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as <br />follows: <br />a. Authority. Seller has the requisite power and authority to enter into and perform <br />this Agreement. <br />b. Title to Property. Seller owns marketable fee simple title to the Property. <br />c. Rights of Others to Purchase Property. Seller has not entered into any other <br />contracts for the sale of the Property. <br />d. FIRPTA. Seller is not a"foreign person," "foreign partnership," "foreign trust" <br />or "foreign state": as those terms are defined in § 1445 of the Internal Revenue <br />Code. <br />e. Proceedings. To the knowledge of Seller, there is no action, litigation, <br />investigation, condemnation or proceeding of any kind pending or threatened <br />against Seller or the Property from any entity other than Buyer. <br />f. Wells and Septic Systems. To Seller's knowledge, Seller represents that it is not <br />aware of any wells or septic systems located on the Property, except as disclosed <br />to Buyer in writing prior to Closing Date. Seller shall prepare, execute, and iile <br />any required well certificate on or before the Closing Date. <br />g. Hazardous Substances. Except as set forth in that certain Preliminary <br />Environmental Evaluation dated November 17, 2008 and prepared by Braun <br />Intertec (the "Report"), to the Seller's actual knowledge, no hazardous or toxic <br />substance as defined in the Comprehensive Environmental Response, <br />Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9601-9657, <br />as amended), have been generated, treated, stored, released, or disposed of, or <br />otherwise deposited in or located on the Property, including with limitation, the <br />surface or subsurface waters of the Property, nor to Seller's actual knowledge, <br />except as set forth in the Report, has any activity been undertaken on the Property <br />which would cause (i) the Property to become a hazardous waste treatment, <br />Page 5 <br />