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<br />Page 6 of 24 <br />applicable laws (including without limitation any Environmental Laws) and any and all <br />other acts, omissions, events, circumstances or matters regarding the condition of the <br />Property. <br />ARTICLE 4. <br />CONDITIONS PRECEDENT TO PURCHASER'S PERFORMANCE <br />The obligation of Purchaser to purchase the Property and Seller’s right to delivery of the <br />Deposit is subject to the satisfaction of the following conditions precedent in Section 4.1 on or <br />before the expiration of the Examination Period or expiration of the title objection deadline, and <br />if the conditions are not so satisfied, the unsatisfactory conditions may either be waived by <br />Purchaser in writing designated as a waiver, or Purchaser may terminate this Agreement in <br />which event Purchaser shall be returned the Deposit in full from the Title Company and the <br />parties will be released from all obligations hereunder other than those provisions hereof which <br />expressly contemplate survival of termination. <br />4.1 Examination Period. Purchaser shall have sixty (60) calendar days following the <br />Effective Date (the “Examination Period”), in which to inspect and evaluate the Property to <br />determine the suitability of the Property for Purchaser's intended use. <br />4.1.1 At any and all times during the term of this Agreement, Purchaser and <br />Purchaser's representatives, agents, consultants and designees shall have the right to <br />enter upon the Property, at Purchaser's own cost, for any purpose in connection with its <br />proposed purchase, development or operation of the Property, including, without <br />limitation, the right to make such inspections, investigations and tests as Purchaser may <br />elect to make or obtain. <br />4.1.2 Purchaser shall pay promptly when due for all work performed on the <br />Property by Purchaser, or at Purchaser's instance or request, including, without <br />limitation, all inspection fees, appraisal fees, engineering fees and other expenses of any <br />kind incurred by Purchaser relating to the inspection of the Property, all of which shall <br />be the sole expense of Purchaser unless subject to reimbursement by Seller pursuant to <br />Section 4.1.3. Any and all liens, whether threatened or actually filed, against any <br />portion of the Property resulting from Purchaser's inspection of the Property, or as a <br />result of work performed or materials supplied at Purchaser's instance or request, shall <br />be satisfied and removed by Purchaser within five (5) business days after notice thereof <br />is given to Purchaser. Purchaser shall indemnify, defend, protect and hold Seller <br />harmless from any claims, injuries, losses, liens, judgments, liabilities, damages or <br />expenses (including reasonable attorneys' fees and costs) arising out of or incurred in <br />connection with the activities of Purchaser, its agents, designees, or representatives, <br />including entering onto or otherwise inspecting the Property hereunder, or arising from <br />or in connection with any and all mechanic's liens and physical damage to property or <br />persons arising out of any such entry by Purchaser or its agents, designees or <br />representatives. The indemnification obligation of Purchaser hereunder shall survive the <br />termination of this Agreement.