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<br />https://www.ctmecantracts.comfeContracts/m eCON/Contracts/Li stin
<br />the surveyor to all those who are to receive the New ILC or New Survey.
<br />9.2. Buyer's Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New
<br />ILC or New Survey different than initially specified in this Contract if there is no additional cost to Seller or change
<br />to the New ILC or New Survey Objection Deadline, Buyer may, in Buyer's sole subjective discretion, waive a
<br />New ILC or New Survey if done prior to Seller incurring any cost for the same.
<br />9.3. New ILC or New Survey Objection. Buyer has the right to review and object to the New ILC or
<br />New Survey. If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in
<br />Buyer's sole subjective discretion, Buyer may, on or before New ILC or New Survey Objection Deadline,
<br />notwithstanding § 8.3 or § 13:
<br />9.3.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or
<br />9.3.2.. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that
<br />was to be shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller
<br />to correct.
<br />9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by
<br />Seller, on or before New ILC or New Survey Objection Deadline, and if Buyer and Seller have not agreed in
<br />writing to a settlement thereof on or before New ILC or New Survey Resolution Deadline, this Contract will
<br />terminate on expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer's
<br />written withdrawal of the New ILC or New Survey Objection before such termination, i.e., on or before expiration
<br />of New ILC or New Survey Resolution Deadline.
<br />DISCLOSURE, INSPECTION AND DUE DILIGENCE
<br />10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND
<br />SOURCE OF WATER.
<br />10.1. Seller's Property Disclosure. On or before Seller's Property Disclosure Deadline, Seller
<br />agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's
<br />Property Disclosure form completed by Seller to Seller's actual knowledge, current as of the date of this
<br />Contract.
<br />10.2. Disclosure of Latent Defects; Present Condition. Seller must disclose to Buyer any latent
<br />defects actually known by Seller. Seller agrees that disclosure of latent defects will be in writing. Except as
<br />otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an "As
<br />Is" condition, "Where Is" and "With All Faults."
<br />10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to
<br />have inspections (by one or more third parties, personally or both) of the Property and Inclusions (Inspection), at
<br />Buyer's expense. If (1) the physical condition of the Property, including, but not limited to, the roof, walls,
<br />structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of the Property,
<br />(2) the physical condition of the Inclusions, (3) service to the Property (including utilities and communication
<br />services), systems and components of the Property (e.g., heating and plumbing), (4) any proposed or existing
<br />transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or off the
<br />Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer's sole
<br />subjective discretion, Buyer may, on or before Inspection Objection Deadline:
<br />10.3.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or
<br />10.3.2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory
<br />physical condition that Buyer requires Seller to correct.
<br />10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before
<br />Inspection Objection Deadline, and if Buyer and Seller have not agreed in writing to a settlement thereof on or
<br />before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline unless
<br />Seller receives Buyer's written withdrawal of the Inspection Objection before such termination, i.e., on or before
<br />expiration of Inspection Resolution Deadline.
<br />10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other
<br />written agreement between the parties, is responsible for payment for all inspections, tests, surveys, engineering
<br />reports, or other reports performed at Buyer's request (Work) and must pay for any damage that occurs to the
<br />Property and Inclusions as a result of such Work. Buyer must not permit claims or liens of any kind against the
<br />Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold Seller harmless from
<br />and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or
<br />lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against
<br />any such liability,, damage, cost or expense, or to enforce this section, including Seller's reasonable attorney
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