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<br />the Property in the condition that it is in at Closing, and Buyer agrees to assume the risks and
<br />liabilities pertaining to the ownership, use and operation of the Property, including, without
<br />limitation, any and all risks and liabilities associated with or arising under federal, state or local laws
<br />pertaining to the protection of health, welfare or the environment. Buyer further acknowledges that
<br />Seller has made no investigation as to whether the Property contains hazardous materials and
<br />substancestta~~nd that Buyer will be responsible for its own environmental investigation of the
<br />1~~FeNvi11 rely solely on such investigation. l3uycr further acknowledges that to the
<br />rn''y~~i g~tt permitted bylaw, the sale of the Properly as provided for herein is made on an "AS
<br />~~ t lt"and basis with all faults. The provisions of this paragraph will survive Closing and
<br />Divis~+~F#v>a1+3'tEt~8l~mt>m}yd or other termination of this Contract.
<br />• 36. Inspection Period. Notwithstanding anything to the contrary in this Contract, Buyer
<br />will liave 90 days from the date of mutual execution of this ConU•acl (the "Inspection Period") to
<br />conduct all necessary due diligence, testing and analysis For the purchase of the Properly. If Buyer
<br />,• determines, in its sole opinion, that the Property is not suitable for its intended use, it may notify
<br />Seller of such in writing prior l0 4:00 P.M. on or before the 90th day after the dale of mutual
<br />execution of this Cond•aet, whereupon this Contract will terminate told the Earnest Money will be
<br />returned to Buyer, but Seller will retain the Option Payment.
<br />37. 13uvers Access to the Property. IIuyer and its contractors, agents and/or employees,
<br />at the sole expense of Quyer, may enter upon any portion of the Property from lime to lime during
<br />reasonable business hours during the teen of this Contract far the purposes of inspection, making
<br />surveys, staking and obtaining topographical inlnrntation, and examination of title and other
<br />conditions of the Property, All such inspections and tests will be al Buyer's sole cost and expense.
<br />l3uycr will at all limes comply with all applicable laws. l3uycr agrees to pay for, and l3uycr hereby
<br />indemnifies, defends and holds Seller harmless from and against, any and all liens, claims, losses,
<br />demands, injuries, damages, costs, expenses (including without limitation reasonable attorneys' and
<br />legal assistants' fees and disbursements) or liability incurred by or asserted against Seller or the
<br />Properly as a result of or in any way arising ottt of any of those entries, inspections or studies,
<br />including without limitation mechanics' liens, damage to the Property and/or injury to persons or
<br />Properly resulting from such activities in connection therewith. Buyer will defend any action
<br />brought by reason of any of the acts herein mentioned with counsel reasonably satisfactory to Seller
<br />and reimburse Seller For reasonable attorneys' and legal assislmtls' fees and disbursements incurred
<br />by Seller by reason of any such action. Buyer acknowledges and agrees that notwithstanding
<br />anything in this Contract to the contrary, the remedies and indentnilies set forth in this paragraph are
<br />in addition to the liquidated damages Seller may be entitled to elsewhere in this Contract. Although
<br />Seller hereby allows Buyer access to the Property, prior to Closing l3uycr may not execute any
<br />agreement or engage in any conduct that would change the legal description, condition, use or
<br />allowable use, characteristics, zoning status, or any exceptions to title li~om those existing on the dale
<br />of ibis Contract. The provisions of this paragraph will survive Closing and delivery of the deed or
<br />other termination of this Contract.
<br />38. Ritltt to Assign. IIuyer will have the right to assign this Contract to another
<br />individual or individuals or to any business entity; and, in the event of assignment of this Contract,
<br />the assignee will be substituted in all respects instead of, and to the exclusion of, the l3uycr.
<br />39. Survey,_(tenorts and Studies. Within 10 days after the date of mutual execution of
<br />this Contract, Seller will deliver to i3uyet• copies of any and all surveys, previous title work, studies,
<br />leases, reports, testing or other similar information that it has in its possession regarding the Property.
<br />40. Management Approval. Notwithstanding anything to the contrary in this Conlracl,
<br />Buyer will have 120 days from the date of mutual execution of this Contract (the "Approval Period")
<br />to obtain any necessary upper management approvals for purchase of the Properly. If Buyer delivers
<br />written notice to Seller on or before the last clay of the Approval Period stating that such
<br />management approval or authorizations have not been obtained, this Conlracl will terminate, and the
<br />Earnest Money will be returned to Buyer. If Buyer does not deliver written notice to Seller on or
<br />before the last day of the Approval Period slating that such management approval or authorizations
<br />have not been obtained, it will be deemed that such management approvals and authorizations have
<br />been obtained, and this Contract will continue in full force and effect and the Carnest Money will
<br />be Holt-refundable to Buyer. In any event, the Option Payment will be retained by Seller.
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