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promptly when due for all work performed on the Property by Purchaser, or at <br />Purchaser's instance or request, including, without limitation, all inspection fees, <br />appraisal fees, engineering fees and other expenses of any kind incurred by Purchaser <br />relating to the inspection of the Property, all of which shall be the sole expense of the <br />Purchaser. Any and all liens, whether threatened or actually filed, against any portion of <br />the Property resulting from Purchaser's inspection of the Property, or as a result of work <br />performed or materials supplied at Purchaser's instance or request, shall be satisfied and <br />removed by Purchaser within five (5) business days after notice thereof is given to <br />Purchaser. Purchaser shall indemnify, defend, protect and hold Seller harmless from any <br />claims, injuries, losses, liens, judgments, liabilities, damages or expenses (including <br />reasonable attomey's fees and costs) arising out of or incurred in connection with the <br />activities of Purchaser, its agents, designees, or representatives, including entering onto <br />or otherwise inspecting the Property hereunder, or arising from or in connection with any <br />and all mechanic's liens and physical damage to property or persons arising out of any <br />such entry by Purchaser or its agents, designees or representatives. The indemnification <br />obligation of Purchaser hereunder shall survive the termination of this Agreement. <br />4.1.2 If on or before the expiration of the Examination Period, Purchaser <br />determines for any reason or for no reason not to proceed with the acquisition of the <br />Property, Purchaser may elect by written notice to Seller given on or before expiration of <br />the Examination Period to terminate this Agreement, and upon giving such notice this <br />Agreement shall terminate, the Deposit shall be returned to Purchaser by the Title <br />Company, and the parties shall be released of all further obligations under this <br />Agreement, except for those obligations which expressly survive termination hereof. If, <br />however, Purchaser fails to give such notice, then the condition precedent set forth in <br />Section 4.1 shall be deemed satisfied and this Agreement will continue in full force and <br />effect. Upon termination of this Agreement, Purchaser will deliver to Seller all reports, <br />studies, and similar documents (except for financial analysis prepared by Purchaser for <br />the Property which are considered proprietary and shall not be provided to Seller by <br />Purchaser) prepared for or by Purchaser concerning the Property at no cost to Seller and <br />Seller may use such work product for any and all purposes. <br />4.2 Title Documents. Purchaser shall have thirty (30) calendar days after Purchaser's <br />receipt of the Title Documents and Survey to object, in a writing delivered to Seller, to any <br />matters shown on the Title Documents. Purchaser shall have thirty (30) calendar days after <br />Purchaser's receipt of the ALTA survey(s) as contemplated in Section 2.1 above in which to <br />object, in a writing delivered to Seller, to any matters shown on the Survey. If Seller is willing to <br />cause the cure or removal of any of the matters to which Purchaser objects upon terms acceptable <br />to Purchaser in Purchaser's sole and absolute discretion, which cure may, with Purchaser's <br />consent, include insuring over such objectionable title matters, then Seller shall so notify <br />Purchaser within ten (10) calendar days of Seller's receipt of Purchaser's notice. If Seller does <br />not respond, or chooses not to cure or remedy all of Purchaser's objections, or if Seller is unable <br />to remove any such matters, Purchaser may elect either: (a) to terminate this Agreement by <br />delivery of written notice to Seller within ten (10) calendar days after Purchaser's receipt of <br />Seller's notice and receive a full refund of the Deposit from the Title Company; or (b) to modify <br />such objection and to complete the transaction as otherwise contemplated by this Agreement, <br />with any reduction of the Purchase Price as may be mutually agreed upon by Purchaser and <br />6 <br />