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649 10.3.2. Terminate. On or before the Inspection Termination Deadline, notify Seller in writing,
<br /> 650 pursuant to §25.1, that this Contract is terminated due to any unsatisfactory condition. Inspection Termination
<br /> 651 Deadline will be on the earlier of Inspection Resolution Deadline or the date specified in 3.1 for
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<br /> 653 Inspection Termination Deadline.
<br /> 654 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before
<br /> 655 Inspection Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or
<br /> 656 before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline unless
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<br /> 658 Seller receives Buyer's written withdrawal of the Inspection Objection before such termination, i.e., on or before
<br /> 659 expiration of Inspection Resolution Deadline.
<br /> 660 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other
<br /> 662 written agreement between the parties, is responsible for payment for all inspections, tests, surveys, engineering
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<br /> 663 reports, or other reports performed at Buyer's request(Work)and must pay for any damage that occurs to the
<br /> 664 Property and Inclusions as a result of such Work. Buyer must not permit claims or liens of any kind against the
<br /> 665 Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold Seller harmless from
<br /> 667 and against an liability, damage, cost or expense incurred b Seller and caused b an such Work claim, or lien.
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<br /> 668 This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any
<br /> 669 such liability, damage, cost or expense, or to enforce this Section, including Seller's reasonable attorney fees, legal
<br /> 670 fees and expenses. The provisions of this Section survive the termination of this Contract.This § 10.4 does not
<br /> 671 672 apply to items performed pursuant to an Inspection Resolution.
<br /> 673 10.5. Insurability. Buyer has the right to review and object to the availability,terms and conditions of and
<br /> 674 premium for property insurance(Property Insurance). Buyer has the Right to Terminate under§ 25.1, on or before
<br /> 675 Property Insurance Termination Deadline, based on any unsatisfactory provision of the Property Insurance, in
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<br /> 677 Buyer's's sole subjective discretion.
<br /> 678 10.6. Due Diligence.
<br /> 679 10.6.1. Due Diligence Documents. If the respective box is checked, Seller agrees to deliver
<br /> 681 copies of the following documents and information pertaining to the Property(Due Diligence Documents)to Buyer
<br /> 682 68 on or before Due Dili Documents Delivery Deadline:
<br /> Diligence rY
<br /> 683 ® 10.6.1.1. All contracts relating to the operation, maintenance and management of the
<br /> 684 Property;
<br /> 685 ❑ 10.6.1.2. Property tax bills for the last years;
<br /> 686 10.6.1.3. As-built construction plans to the Property and the tenant improvements,
<br /> 687 ❑ P p Y P
<br /> 688 including architectural, electrical, mechanical, and structural systems, engineering reports, and permanent
<br /> 689 Certificates of Occupancy, to the extent now available;
<br /> 690 ® 10.6.1.4. A list of all Inclusions to be conveyed to Buyer;
<br /> 691 ® 10.6.1.5. Operating statements for the past 3 years;
<br /> 693 ❑ 10.6.1.6. A rent roll accurate and correct to the date of this Contract;
<br /> 694 ® 10.6.1.7. All current leases, including any amendments or other occupancy agreements,
<br /> 695 pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive
<br /> 696
<br /> 697 Closing are as follows (Leases): USFS lease, to be transferred to Buyer at closing.
<br /> 698 ® 10.6.1.8. A schedule of any tenant improvement work Seller is obligated to complete but
<br /> 699 has not yet been completed and capital improvement work either scheduled or in process on the date of this
<br /> 700 Contract;
<br /> 701
<br /> 702 ® 10.6.1.9. All insurance policies pertaining to the Property and copies of any claims which
<br /> 703 have been made for the past 3 years;
<br /> 704 ® 10.6.1.10. Soils reports, surveys and engineering reports or data pertaining to the Property
<br /> 705 if not delivered earlier under 8.3
<br /> 706 ( § );
<br /> 707 ❑ 10.6.1.11. Any and all existing documentation and reports regarding Phase I and II
<br /> 708 environmental reports, letters, test results, advisories and similar documents respective to the existence or
<br /> 709 nonexistence of asbestos, PCB transformers, or other toxic, hazardous or contaminated substances, and/or
<br /> 710 underground storage tanks and/or radon as. If no reports are in Seller's possession or known to Seller, Seller
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<br /> 712 warrants that no such reports are in Seller's possession or known to Seller;
<br /> 713 ❑ 10.6.1.12. Any Americans with Disabilities Act reports, studies or surveys concerning the
<br /> 714 compliance of the Property with said Act;
<br /> 716 10.6.1.13. All permits, licenses and other building or use authorizations issued b an
<br /> J'; 716 ® p 9 Y Y
<br /> 717 governmental authority with jurisdiction over the Property and written notice of any violation of any such permits,
<br /> 718 licenses or use authorizations, if any; and
<br /> 719 10.6.1.14. Other documents and information:
<br /> 720S
<br /> 721 ller shall deliver to Buyer any and all applications that Buyer will have to submit to appropriate
<br /> J
<br /> 722 agencies to apply for any permits, lease extensions, transfers, succession of operators application
<br /> 723 packet, reclamation plans approvals or transfer applications, USDAFS plan of operations and
<br /> 724 mining activities and information on financial ability for USFS lease transfer and any other
<br /> 725
<br /> 726 appropriate forms that Buyer will need in order to fully apply for said transfers, extensions and/or
<br /> 727 applications.
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<br /> 729
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