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shall notify Seller in writing on or before the expiration of the Inspection Period of its <br /> dissatisfaction and of its intention to terminate this Agreement (a""Termination Notice"), <br /> whereupon this Agreement shall be considered terminated.null and void and of no further <br /> force and effect, except as expressly set forth herein, and the Deposit shall be promptly <br /> returned to Purchaser. Purchaser shall, at any time. have the right to waive the conditions <br /> precedent to its performance under this Agreement before the end of the Inspection Period and <br /> if Purchaser elects to waive the conditions precedent to its performance and to terminate the <br /> Inspection Period, this Agreement will remain in full force and effect and the Deposit shall <br /> become non-refundable except as otherwise provided herein. Failure of Purchaser to timely <br /> provide a Termination Notice to Seller shall be deemed a waiver of this condition precedent <br /> and acceptance of the Property as suitable for purchase. Upon termination of the Agreement, <br /> Purchaser agrees to return to Seller all data previously delivered to Purchaser under the terms <br /> of this Agreement and all other documents, inspections,tests and reports generated by <br /> Purchaser in connection with the diligence and inspection of the Property. <br /> 8. CLOSING DOCUMENTS. At Closing, Seller shall execute and deliver to <br /> Purchaser or its assigns a good and sufficient Special Warranty Deed substantially in the form <br /> of Exhibit C attached hereto, subject to those title matters approved by Purchaser or deemed <br /> to have been approved by Purchaser pursuant to Section 5 "Escrow;Title Commitment and <br /> Title Review""above. In addition, on or before expiration of the Inspection Period, Seller and <br /> Purchaser shall negotiate and agree upon the final form of Access Easement and Fill Dirt <br /> Removal Agreement(as defined in Section 15 "Access Easement and Fill Dirt Removal <br /> Agreement" below), and upon reaching agreement upon the form of Access Easement and Fill <br /> Dirt Removal Agreement, Purchaser shall execute and deliver to Seller at Closing the final <br /> Access Easement and Fill Dirt Removal Agreement which shall be recorded in the real <br /> property records of FI Paso County. Colorado(the "Records") following recordation of the <br /> Special Warranty Deed. The Parties shall deliver to the 'title Company any and all reasonable <br /> affidavits, instruments, and documents as are customarily required in connection with a <br /> transfer of real property in the City of Colorado Springs, Colorado on forms customarily used <br /> by the 'Title Company in order to cause the Title Company to issue the Title Policy. Seller and <br /> Purchaser shall each provide closing instructions to the Title Company and the Title Company <br /> shall prepare a tax proration agreement, a real property transfer declaration and settlement <br /> statements. Seller shall execute and deliver a Colorado Department of Revenue Form DR <br /> 1083. the Affidavit (as defined herein), and an IRS Form 1099S. <br /> 9. CONDITION OF THE PROPERTY, REPRESENTATIONS. Except as <br /> disclosed to Purchaser by way of the documents or other information provided by Seller to <br /> Purchaser pursuant to Section 6"Satisfactory Inspection And Review; Due Diligence; <br /> Inspection; Right of Entry" above, or as otherwise discovered by Purchaser through its <br /> diligence and inspections of the Property. Seller represents to Purchaser the following: <br /> 9.1. Seller has received no written notice of any actions, suits. proceedings <br /> or investigations pending or, to Seller's actual knowledge threatened, against or <br /> affecting the Property, or arising out of Seller's conduct on the Property or which <br /> would affect the ability of Seller to fulfill its obligations under this Agreement: <br /> 9.2. Seller has received no written notice indicating that Seller is not in <br /> substantial compliance with the laws, orders, and regulations of each governmental <br /> department, commission, board, or agency having jurisdiction over the Property in <br /> those cases where noncompliance would have a material adverse effect on the <br /> Property. <br /> 9.3. Seller has received no written notice indicating that the Property is in <br /> violation of any federal. state,or local law, ordinance,or regulation relating to <br /> C rifle Concrete/Contract?a 6 <br />