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(a) Access. Sellers shall allow Buyer and Buyer's agents access to the Property <br /> without charge and at all reasonable times for the purpose of investigation and testing. <br /> Buyer shall pay all costs and expenses of such investigation and testing and shall <br /> indemnify, defend and hold Sellers and the Property harmless from all costs and <br /> liabilities relating to Buyer's activities; provided that Buyer shall not be responsible for <br /> existing conditions on the Property nor the cost of investigations or studies completed by <br /> Sellers before the Effective Date. Buyer shall further repair any damage to the Property <br /> caused by or occurring as a result of Buyer's testing. The foregoing covenants shall <br /> survive the termination or cancellation of this Agreement. <br /> (b) Title. Title shall have been found acceptable by Buyer in its sole discretion, or <br /> been made acceptable, in accordance with the requirements and terms of Section 4 <br /> below. <br /> (c) Representations and Warranties. The representations of Sellers contained in this <br /> Agreement will be true now and on the Closing Date as if made on the Closing Date. <br /> (d) Investigations or Testing. Buyer determining on or before the Closing Date, that <br /> it is satisfied, in its sole discretion, with the results of matters disclosed by any <br /> environmental/engineering investigation or testing of the Property performed by Buyer or <br /> Buyer agent. <br /> (e) Document Review. Buyer determining on or before the Closing Date, that it is <br /> satisfied, in its sole discretion,with its examination and analysis of all documents relating <br /> to the Property, including, without limitation, the following (collectively, the <br /> "Documents"): (i) statement for taxes, assessments and utilities payable in the current <br /> and two (2) prior calendar years for the Property; (ii) blueprints, surveys, plats or other <br /> depictions relating to the Property and improvements that are in Sellers' possession or <br /> control or are otherwise obtained by Buyer; and (iii)the Lease between Sellers and Tyler <br /> Belfanz dated January 29,2016("Lease"). <br /> (0 Estoppel Certificate. An Estoppel Certificate has been provided in a form <br /> acceptable to Sellers and Buyer for the Lease to be assumed. <br /> If any condition set forth in this Section 3 has not been satisfied or waived on or before the <br /> Closing Date (the "Inspection Deadline"), then Buyer may,•at Buyer's option, terminate this <br /> Agreement. Upon such termination, neither Sellers nor Buyer shall have any further rights or <br /> obligations under this Agreement except for the covenants made in Section 3(a), Section 8 and <br /> Section 9 (the "Surviving Covenants") and Buyer shall be entitled to return of the Earnest <br /> Money. If Buyer has not terminated this Agreement on or before the Inspection Deadline, then <br /> Buyer shall be deemed to have waived the contingencies set forth herein. <br /> 4. TITLE MATTERS. Title examination shall be conducted as follows: <br /> (a) Title Evidence. Within fifteen (15) days of the date of this Agreement, Buyer <br /> shall be responsible for obtaining a title insurance commitment ("Title Commitment") <br /> from such title company selected by Buyer(the "Title Company") for an ALTA Form B <br /> 2 <br /> 187865v2 <br /> 72 <br />