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<br />shall set forth any requirements for deleting any exceptions to title contained therein. Purchaser <br />will be allowed 10 business days after receipt of the Commitment, the documents attached thereto <br />and the New Survey (as defined in Paragraph 4 hereof), if any, for examination and to make any <br />objections to title to the Real Property (the “Objections”). The Objections are to be made by written <br />notice to Seller or shall be deemed waived. Purchaser need not object to mortgages or other liens. <br />If not sooner satisfied, Seller shall satisfy or release any mortgages on other liens against the Real <br />Property at the Closing. If any Objections are so made, Seller shall have 30 days after notice of the <br />Objections to cure the Objections and make the title to the Real Property good and marketable of <br />record in Seller. Seller will make a diligent, good faith effort to cure the Objections. If the title to <br />the Real Property, as evidenced by the Commitment and the New Survey together with any updated <br />Commitment and the New Survey, is not made good and marketable of record in Seller by such <br />date or is not good and marketable of record in Seller on the Closing Date, Purchaser, without <br />waiving any right or remedy Purchaser may have as a result of a breach by Seller of any covenant <br />or warranty hereunder, may either: <br /> <br />a. Terminate this Agreement by giving written notice to Seller and receive an <br />immediate refund of the Earnest Money; or <br /> <br />b. Elect to accept the title in its unmarketable condition by giving written <br />notice to Seller. <br /> <br />4. Survey. Purchaser, at its expense, may obtain a survey of the Real Property (the <br />“New Survey”). <br /> <br />5. Appraisal. Purchaser, at its expense, may obtain an appraisal of the Real Property <br />(the “Appraisal”). <br /> <br />6. Documents to be Delivered by Seller. Within 15 days after the Effective Date, <br />Seller shall deliver to Purchaser true and complete copies of the following to the extent that the <br />same are in Seller’s possession or control (collectively, “Seller’s Documents”): <br /> <br />a. Seller’s most recent land survey of the Real Property, if any, and any soil <br />reports, engineering reports, inspections, plans, and any other information pertaining to the <br />Real Property. <br /> <br />b. Memoranda of the terms and conditions of any unwritten leases or contracts <br />affecting the Real Property. <br /> <br />c. Copies of any environmental audits and reports or notices concerning the <br />Real Property and all other documents relating to the discharge or remediation of <br />Hazardous Substances (as defined in Paragraph 7 hereof) in, on, about or from the Real <br />Property. <br />872867.v1-4/28/23 <br />3 <br />