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03-068
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03-068
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7/8/2005 3:42:30 PM
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7/8/2005 11:50:07 AM
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<br />Due Diligence; <br />Buyer's Contingency: Buyer shall have the right to enter the Property and perfonn <br />environmental, soil testing and related due diligence as Buyer deems <br />necessary, including testing for the presence of asbestos. The parties <br />acknowledge that Seller has provided Buyer with all documents in its <br />possession relating to environmental conditions at the Property. Buyer's <br />contingency for due diligence shall expire no later than 45 days after the <br />date of the Purchase Agreement. If Buyer is not satisfied with the <br />environmental condition of the Property, Buyer may tenninate the <br />Purchase Agreement at any time prior to the expiration of the Due <br />Diligence Period. <br /> <br />Personal Property: <br /> <br />"As- Is" Sale: <br /> <br />Broker Fees: <br /> <br />Assignment of <br />Leases: <br /> <br />Environmental <br />Clean-Up Costs: <br /> <br />Wells: <br /> <br />Seller shall remove all of its personal property from the Property prior to <br />Closing, however it shall not be required to move any fixtures or <br />equipment that may be attached to any structures on the Property. At the <br />time of Closing, the Property shall be in a "broom-clean" condition. <br /> <br />Buyer acknowledges that it is purchasing the Property in a complete "As- <br />Is" condition. <br /> <br />Each party shall indemnify the other party with respect to brokerage fees <br />which the indemnifying party has agreed to pay. <br /> <br />At Closing, Seller shall assign to Buyer all of Seller's rights under the <br />existing leases relating to the Property. In the event that Closing is on a <br />date other than the first or last day of a month, rent from such leases shall <br />be prorated. Seller shall transfer to Buyer all security deposits and pre- <br />paid rents. After the date hereof, Seller shall not enter into any new leases <br />or any lease amendments or renewals with any existing tenant without the <br />express written consent of the Buyer, such consent shall not be <br />umeasonably withheld. After the effective date of the Purchase <br />Agreement, Buyer shall be entitled to contact each existing tenant. <br /> <br />At Closing, Seller shall pay the sum of $100,000.00 to Buyer for <br />environmental clean-up costs associated with the Property in exchange for <br />a complete release from Buyer with respect to environmental costs and <br />liabilities. Buyer shall not be required to account to Seller with respect to <br />use or allocation of such payment. <br /> <br />On or before Closing, Buyer shall seal and properly abandon all wells at <br />the Property. Seller shall contribute not more than $1,000 toward Buyer's <br />costs in sealing and abandoning said wells. <br /> <br />2 <br />
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