Common use of Inspection Period Clause in Contracts

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Buyer determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects to terminate this Agreement, Buyer shall provide written notice of termination to Seller prior to the expiration of the Inspection Period. In the event Buyer provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Buyer determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer shall have until ____________________, 20 20___, at : ____:____ ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects to terminate this Agreement, Buyer shall provide written notice of termination to Seller prior to the expiration of the Inspection Period. In the event Buyer provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Buyer determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of BuyerXxxxx, determined in the absolute discretion of Buyer, with BuyerXxxxx’s decision being final and binding upon both Parties. Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects to terminate this Agreement, Buyer shall provide written notice of termination to Seller prior to the expiration of the Inspection Period. In the event Buyer Xxxxx provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. Commencing on the date that this Contract is approved by the BOCC and continuing for forty-five days (45) thereafter (“Inspection Period”), Buyer and its agents shall be under no obligation have the right to purchase enter the Property Property, upon reasonable notice to Seller, from time to time, and perform any and all inspections, investigations, tests, analyses and audits (“Tests”) as Buyer desires to determine the condition of the Property. Buyer agrees to repair and restore any physical damage caused by such Tests and shall indemnify and hold Seller harmless from and against any claim, cost, charge or otherwise perform under this Agreement unless Buyer determines expense, including reasonable attorney’s fees, arising from or resulting from such Tests or the Property to beperformance thereof. If, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision good faith opinion of Buyer, the results of any such Tests indicate that the Property contains hazardous materials or waste, other pollutants or contaminants, or unstable subsurface conditions, then Seller shall be given an opportunity to correct such condition. The time period for curative action on the part of Seller shall not exceed one hundred twenty (120) days, unless otherwise extended by Buyer. If the Property cannot be made suitable, as reasonably determined in the absolute discretion of by Buyer, with Buyer’s decision being final and binding upon both Parties. within the time period aforesaid, then Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects right to terminate this Agreement, Buyer shall provide Contract by giving written notice of termination to Seller on or prior to the expiration of the Inspection Period. In If Buyer elects to terminate this Contract as provided for herein, all rights and liabilities of the event parties arising hereunder shall terminate, except that those obligations of Buyer provides said notice which require performance subsequent to termination shall remain enforceable against Buyer. Should the Buyer elect not to proceed with this Contract, copies of terminationall Tests (including surveys, Seller boring reports and any Escrow Agent other engineering studies) shall be obligated provided to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Buyer determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of BuyerXxxxx, determined in the absolute discretion of Buyer, with BuyerXxxxx’s decision being final and binding upon both Parties. Buyer shall have until ____________________, 20 20___, at : ____:____ ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects to terminate this Agreement, Buyer shall provide written notice of termination to Seller prior to the expiration of the Inspection Period. In the event Buyer Xxxxx provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. Commencing on the date that this Contract is approved by the BOCC and continuing for forty-five days (45) thereafter (“Inspection Period”), Buyer and its agents shall have the right to enter the Property, upon reasonable notice to Seller, from time to time, and perform any and all inspections, investigations, tests, analyses and audits (“Tests”) as Buyer desires to determine the condition of the Property. Xxxxx agrees to repair and restore any physical damage caused by such Tests and shall indemnify and hold Seller harmless from and against any claim, cost, charge or expense, including reasonable attorney’s fees, arising from or resulting from such Tests or the performance thereof. If, in the good faith opinion of Xxxxx, the results of any such Tests indicate that the Property contains hazardous materials or waste, other pollutants or contaminants, or unstable subsurface conditions, then Seller shall be under no obligation given an opportunity to purchase correct such condition. The time period for curative action on the part of Seller shall not exceed one hundred twenty (120) days, unless otherwise extended by Buyer. If the Property or otherwise perform under this Agreement unless Buyer determines the Property to becannot be made suitable, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of reasonably determined by Buyer, determined in within the absolute discretion of Buyertime period aforesaid, with Buyer’s decision being final and binding upon both Parties. then Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects right to terminate this Agreement, Buyer shall provide Contract by giving written notice of termination to Seller on or prior to the expiration of the Inspection Period. In If Buyer elects to terminate this Contract as provided for herein, all rights and liabilities of the event parties arising hereunder shall terminate, except that those obligations of Buyer provides said notice which require performance subsequent to termination shall remain enforceable against Buyer. Should the Buyer elect not to proceed with this Contract, copies of terminationall Tests (including surveys, Seller boring reports and any Escrow Agent other engineering studies) shall be obligated provided to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform Purchaser’s obligations under this Agreement unless Buyer determines are subject to Purchaser’s approval of the Property for Purchaser’s intended use and to be, satisfaction of certain other contingencies more fully described in all respects, suitable for its intended purposesArticle 5 below. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer Purchaser shall have until , 20 , the period commencing on the date hereof and ending at : ☐ AM ☐ PM to notify Seller 5 p.m. on that date which is thirty (30) days after the date of its termination a fully executed copy of this Agreement due shall be delivered to Buyer's determination Purchaser (the “Inspection Period”) to inspect the Property and to conduct such tests and investigations as it deems advisable in order to determine that the Property is unsuitable can be used for its Purchaser’s intended purpose ("use. Also during the Inspection Period", to assist Purchaser in its inspection as an accommodation by the Seller, the Seller agrees to use good faith efforts to obtain assurances (in writing if possible) from the tenant under the Government Lease that it consents to the assignment of the Government Lease to the Purchaser or its permitted affiliate hereunder, and the Seller agrees upon reasonable notice from the Purchaser to facilitate a conversation between the Purchaser and a representative for the tenant under the Government Lease (provided that the Seller at the Seller’s option may be a party to any such conversation), but Seller shall not be liable to Purchaser if Seller is unable to obtain such assurances or to organize such a conversation despite such good faith efforts. In If, during the event Buyer elects to terminate this AgreementInspection Period, Buyer Purchaser in its sole discretion is not satisfied with the results of its inspection or its findings hereof for any or no reason whatsoever, Purchaser shall provide written notice of termination to notify Seller in writing (prior to the expiration of the Inspection Period. In the event Buyer provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided ) in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.which event:

Inspection Period. Commencing on the date that this Contract is approved by the BOCC and continuing for forty-five days (45) thereafter (“Inspection Period”), Buyer and its agents shall be under no obligation have the right to purchase enter the Property Property, upon reasonable notice to Seller, from time to time, and perform any and all inspections, investigations, tests, analyses and audits (“Tests”) as Buyer desires to determine the condition of the Property. Buyer agrees to repair and restore any physical damage caused by such Tests, and shall indemnify and hold Seller harmless from and against any claim, cost, charge or otherwise perform under this Agreement unless Buyer determines expense, including reasonable attorney’s fees, arising from or resulting from such Tests or the Property to beperformance thereof. If, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision good faith opinion of Buyer, the results of any such Tests indicate that the Property contains hazardous materials or waste, other pollutants or contaminants, or unstable subsurface conditions, then Seller shall be given an opportunity to correct such condition. The time period for curative action on the part of Seller shall not exceed one hundred twenty (120) days, unless otherwise extended by Buyer. If the Property cannot be made suitable, as reasonably determined in the absolute discretion of by Buyer, with Buyer’s decision being final and binding upon both Parties. within the time period aforesaid, then Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects right to terminate this Agreement, Buyer shall provide Contract by giving written notice of termination to Seller on or prior to the expiration of the Inspection Period. In If Buyer elects to terminate this Contract as provided for herein, all rights and liabilities of the event parties arising hereunder shall terminate, except that those obligations of Buyer provides said notice which require performance subsequent to termination shall remain enforceable against Buyer. Should the Buyer elect not to proceed with this Contract, copies of terminationall Tests (including surveys, Seller boring reports and any Escrow Agent other engineering studies) shall be obligated provided to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. Buyer Purchaser is granted the right to conduct an engineering, and/or market and economic feasibility study of the Property, and the physical inspection of all improvements and mechanical equipment, and personal property being sold hereby. Purchaser shall be under no obligation have ninety (90) days from the Effective Date (the "Inspection Period") to purchase perform such feasibility study and inspection and in this regard, Purchaser or his designated agents may enter upon the Property for purposes of such analysis, or otherwise perform under this Agreement unless Buyer determines the Property to beconduct tests and inspections which may be deemed necessary by Purchaser. If Purchaser determines, in all respectshis sole judgment, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable not suitable for its any reason for Purchaser's intended purpose ("Inspection Period"). In use or purpose, or is not in satisfactory condition, in the event Buyer elects to terminate this Agreementsole judgment of Purchaser, Buyer shall provide then Purchaser may, on written notice of termination to Seller prior to on or before the expiration of the Inspection Period. In the event Buyer provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration end of the Inspection Period, terminate this Agreement and it shall be null and void for all purposes and the Buyer Xxxxxxx Money shall be returned to Purchaser. If the written notice is not given to Seller within such period, the condition of the Property and any and all objections with respect to the feasibility study and inspection shall be deemed to be satisfied with its inspections have been waived by Purchaser for all purposes. Purchaser's right to conduct a feasibility study and inspection of the Property as provided above is supported by the payment and delivery by and from Purchaser to Seller of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, which sum Purchaser and Seller hereby acknowledge and agree to be Independent Contract Consideration for Seller granting to Purchaser the exclusive and irrevocable option and right to conduct the feasibility study and inspection. This Independent Contract Consideration is in addition to, and independent of, the Xxxxxxx Money or any other consideration or payment made or given by Purchaser to Seller under the terms of this contingency Agreement and said sum is nonrefundable, and shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining retained by Seller notwithstanding any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability other provision of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.. In addition, Purchaser's obligation to close shall at all times be conditioned upon the following (unless Purchaser waives such conditions):

Inspection Period. Buyer The Inspection Period shall begin on the Effective Date and shall end on the date that the Parties execute the Final Inspection Report. Subject to the extensions of time and requirements set forth in SECTION 7.2, the Preliminary Inspection Report Date shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless August 8, 2002. Provided Buyer determines the Property to behas not earlier exercised its right, in all respectsits sole and absolute discretion, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of terminate this Agreement, Buyer, determined on the Preliminary Inspection Report Date, shall deliver to Seller, in the absolute discretion of Buyerwriting, with Buyer’s decision being final and binding upon both Parties. Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of either its termination of this Agreement due to Preliminary Inspection Report (as herein defined) or Buyer's determination that the Property is unsuitable for notice, in its intended purpose ("Inspection Period")sole and absolute discretion, to terminate this Agreement. In the event Buyer elects to terminate this AgreementAgreement on the Preliminary Inspection Report Date, this Agreement shall terminate and neither Seller nor Buyer shall provide written notice of termination to Seller prior have any further rights, obligations or liabilities to the expiration other Party arising out of or resulting from this Agreement and the Inspection PeriodEarnest Money shall be returned to Buyer in accordance with SECTION 0.0.0. In the event Buyer provides said notice of termination, Seller and any Escrow Agent shall be obligated fails to return deliver its Preliminary Inspection Report or its election to terminate this Agreement as set forth in this ARTICLE 7 on or before the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Preliminary Inspection Period, the Report Date then Buyer shall be deemed to be satisfied with its inspections of approve the Property and this contingency all matters relating thereto, including without limitation, the matters covered by Buyer's investigations and inspections thereof, and the only remaining contingencies to Buyer's obligation to consummate the transaction contemplated herein shall be deemed Buyer's Conditions Precedent as set forth in ARTICLE 4 and Buyer's right to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related terminate this Agreement pursuant to this Section must be done in writing and attached to ARTICLE 7 shall expire. For purposes of this Agreement., the Preliminary Inspection Report shall mean Buyer's written report to Seller setting forth and including the following:

Inspection Period. Buyer Purchaser shall be under no obligation have a period ending at 5 p.m. Central Standard Time on September 7, 2009 (“Inspection Period”) within which to purchase the Property or otherwise perform under this Agreement unless Buyer determines the Property to bereview, in all respectsexamine, suitable for its intended purposes. The decision inspect, test and satisfy itself as to whether the condition of the Land, Improvements and Personal Property is suitable for its intended purposes shall be and the sole decision of Buyer, determined in operational information relating thereto. In the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination event that such inspection indicates that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects not satisfactory to Purchaser, in Purchaser’s sole and absolute discretion, Purchaser may terminate this Agreement, Buyer shall provide written Agreement by notice of termination in writing delivered to Seller prior to the expiration of the Inspection Period. In , in which event the event Buyer provides said notice of termination, Seller and any Escrow Agent shall Deposit will be obligated returned to return the Escrow Money to the Buyer as provided in Section V hereofPurchaser, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations under which survive termination. If this Agreement. In the event Buyer does Agreement is not submit terminated by written notice to Seller in the manner and within the time provided in this Section 5.7, Purchaser’s right to terminate this Agreement pursuant to this Section 5.7 and any and all objections with respect to the Inspection Period will be deemed to have been waived by Purchaser for all purposes. Except as provided below, Seller shall cause all Service Contracts to be terminated effective as of termination or prior to the date of Closing, provided that (i) Seller shall have no obligation to assign or terminate, and Purchaser shall be obligated to assume, any Service Contracts which by their terms cannot be assigned or terminated without penalty or payment of a fee and (ii) Seller shall not terminate any Service Contracts which Purchaser notifies Seller in writing prior to the expiration of the Inspection Period, Period that it desires to assume. At Closing Seller shall assign and Purchaser must assume the Buyer shall be deemed obligations arising from and after the Closing Date under those Service Contracts that Purchaser is obligated or desires to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related assume pursuant to this Section must be done in writing and attached to this Agreement5.7.

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Buyer determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer BUYER shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination the period from the date of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose agreement through 5:00 pm on _____________, 2006 [60 days after execution of P&S] ("Inspection Period")) to review title, survey, permitting, environmental, and other due diligence matters related to the Premises, and to obtain financing and economic incentives on terms and conditions satisfactory to BUYER in its sole discretion. All costs and expenses of this review and financing shall be at the sole expense of the BUYER. Any damage done by BUYER or BUYER's consultants shall be repaired by BUYER at BUYER's expense. BUYER hereby agrees to defend, indemnify, and hold SELLER harmless from and against any liability, loss, cost, or expense arising from such investigations. In no event shall BUYER have the event Buyer elects right to perform any intrusive testing of the Premises without the consent of SELLER, which consent may be withheld by SELLER in its sole discretion. BUYER shall have the right to terminate this Agreement, Buyer shall provide agreement by written notice of termination to Seller SELLER prior to the expiration of the Inspection Period. In the event Buyer provides said Period due to BUYER's dissatisfaction with such matters, in BUYER's sole discretion, and upon such notice of terminationtimely given, Seller and any Escrow Agent this agreement shall be obligated to null and void and of no legal effect except for the immediate return of the Escrow Money to the Buyer as provided in Section V hereofInitial Deposit hereunder, and neither party shall have any further rights or obligations under this Agreementfor the indemnification obligation of BUYER hereunder. In the event Buyer If BUYER does not submit written notice of termination so terminate this agreement prior to the expiration of the Inspection Period, this agreement shall remain in full force and effect, and BUYER shall have no further right to terminate this agreement under the Buyer shall be deemed to be satisfied with its inspections provisions of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement23.

Inspection Period. Buyer Purchaser acknowledges that Seller provided Purchaser the opportunity to conduct such due diligence and inspections of the Property as Purchaser and its officers, directors, employees and advisers deemed necessary and appropriate prior to the Effective Date. Notwithstanding anything to the contrary herein, any and all references to the “Inspection Period” in this Agreement mean and refer and shall be under deemed to mean and refer to for all purposes to a period commencing prior to the Effective Date and expiring immediately upon the Effective Date and that, therefore, any and all rights of Purchaser to terminate this Agreement in connection with its Due Diligence have terminated and been unconditionally waived and relinquished, and Purchaser has no obligation such right to purchase so terminate this Agreement in connection with its Due Diligence (but without limiting Purchaser’s termination rights expressly set forth in this Agreement (including, without limitation, termination rights set forth in Section 4.6) and the Deposit shall be non-refundable to Purchaser except as otherwise expressly provided in this Agreement). Notwithstanding the foregoing, from and after the Effective Date, subject to terms of this Agreement, Purchaser and its representatives shall be permitted to enter upon the Property or otherwise perform under this Agreement unless Buyer determines during the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination term of this Agreement due to Buyer's determination that examine, inspect and investigate the Property is unsuitable for its intended purpose including, but not limited to, all Books and Records located at the Property, subject to Manager’s good faith compliance with Legal Requirements with respect to access to any and all Employee records ("Inspection Period"collectively, “Due Diligence”). In ; provided, however, the event Buyer elects Purchaser shall have no right to terminate this Agreement, Buyer shall provide written notice of termination to Seller prior to Agreement based on such Due Diligence after the expiration of the Inspection Period. In the event Buyer provides said notice of termination, Seller and any Escrow Agent Purchaser’s Due Diligence shall be obligated to return the Escrow Money subject to the Buyer as provided terms, conditions and limitations set forth in Section V hereofthis ARTICLE IV, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer Purchaser’s conduct shall be deemed to be satisfied in strict compliance with its inspections of the Property covenants and agreements contained in this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this AgreementARTICLE IV.

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Buyer determines the Property to be, in all respects, suitable for its intended in- tended purposes. The decision as to whether the Property is suitable for its intended purposes pur- poses shall be the sole decision of BuyerXxxxx, determined in the absolute discretion of Buyer, with BuyerXxxxx’s decision being final and binding upon both Parties. Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects to terminate this Agreement, Buyer shall provide written notice of termination to Seller prior to the expiration of the Inspection Period. In the event Buyer Xxxxx provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection In- spection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary neces- sary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless un- less the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. The Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless the Buyer determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of the Buyer, determined in the absolute discretion of the Buyer, with the Buyer’s decision being final and binding upon both Parties. The Buyer shall have until , 20 [MM/DD/YYYY], at : [HH:MM] ☐ AM ☐ PM to notify the Seller of its termination of this Agreement due to the Buyer's determination that the Property is unsuitable for its intended purpose (the "Inspection Period"). In the event Buyer elects to terminate this Agreement, the Buyer shall provide written notice of termination to the Seller prior to the expiration of the Inspection Period. In the event the Buyer provides said notice of termination, the Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V 5 hereof, and neither party shall have any further rights or obligations under this Agreement. In the event the Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with the Buyer in obtaining any and all approvals required from any Federal, State, or Local Government (the "Governmental Approvals") necessary for the Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. a. Subject to rights of Tenant and the limitations imposed on the Landlord's right of entry under the Lease and tenant's use under the Prime Lease, Buyer's agents, employees and independent contractors shall have fifteen (15) Business Days, commencing upon Seller's delivery of written notice to Buyer shall be under no obligation to purchase that all of the Property or otherwise perform under this Agreement unless Buyer determines Due Diligence Items have been delivered (the Property to be"Inspection Period"), in all respectswhich to conduct, suitable for its intended purposes. The decision at Buyer's sole expense, such physical, environmental, engineering and feasibility reports, inspections, examinations, tests and studies as Buyer deems appropriate in an effort to determine whether the Property is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that intended use of the Property is unsuitable including, without limitation, those matters disclosed by any survey for its intended purpose ("Inspection Period"). In the event Buyer elects to terminate this Agreement, Buyer shall provide written notice of termination to Seller prior to the expiration of the Inspection Period. In the event Buyer provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Property obtained by Buyer as provided in Section V Paragraph 5 hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior those matters related to the expiration of title to the Property as provided in Paragraph 6 hereof. During the Inspection Period, Buyer, Buyer's agents, employees and independent contractors shall have the Buyer right, subject to rights of Tenant and the limitations imposed on Landlord's right of entry under the Lease, to come onto the Property, at such time as reasonably designated by Seller, for the purpose of conducting the foregoing reports, inspections, examinations, tests and studies. No such report, inspection, examination, test or study shall be deemed to be satisfied interfere with its inspections use of the Property by Seller or Tenant or violate any law or regulation of any governmental entity having jurisdiction over the Property. Buyer shall promptly provide Seller with copies of all documents resulting from or related to such reports, inspections, examinations, tests and this contingency studies and surveys performed with respect to the Property upon Buyer's receipt of same. Notwithstanding the foregoing, Buyer shall be deemed not conduct any invasive testing. Upon the completion of any inspection, examination, test or study, if any, Buyer shall promptly restore the Property to be fulfilledits former condition. The SellerBuyer agrees to indemnify, at no expense, shall fully cooperate with Buyer in obtaining defend and hold Seller and Tenant harmless from any and all approvals required loss and expense (including, without limitation, attorney's fees) resulting from any Federalclaims and damages (including, Statebut not limited to, injury to, or Local Government ("Governmental Approvals") necessary for Buyer death of persons, loss or damage to satisfy their needs during property, the Inspection Period performance of any labor or services for the suitability Buyer, or the release, escape, discharge, emission, spillage, seepage or leakage by Buyer on or from the Property of any hazardous substance or any other violation by Buyer of any environmental law) caused by, arising out of, or incurred in connection with the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwiseexercise by Buyer of Buyer's rights under this Paragraph. Any additional agreements related provision of this Agreement to the contrary notwithstanding, the indemnification obligation of Buyer under this Section must be done in writing and attached to Paragraph 4 shall survive the Closing or any earlier termination of this Agreement.

Inspection Period. Commencing on the date that this Contract is approved by the BOCC and continuing for forty-five days (45) thereafter (“Inspection Period”), Buyer and its agents shall have the right to enter the Property, upon reasonable notice to Seller, from time to time, and perform any and all inspections, investigations, tests, analyses and audits (“Tests”) as Buyer desires to determine the condition of the Property. Xxxxx agrees to repair and restore any physical damage caused by such Tests, and shall indemnify and hold Seller harmless from and against any claim, cost, charge or expense, including reasonable attorney’s fees, arising from or resulting from such Tests or the performance thereof. If, in the good faith opinion of Xxxxx, the results of any such Tests indicate that the Property contains hazardous materials or waste, other pollutants or contaminants, or unstable subsurface conditions, then Seller shall be under no obligation given an opportunity to purchase correct such condition. The time period for curative action on the part of Seller shall not exceed one hundred twenty (120) days, unless otherwise extended by Buyer. If the Property or otherwise perform under this Agreement unless Buyer determines the Property to becannot be made suitable, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of reasonably determined by Buyer, determined in within the absolute discretion of Buyertime period aforesaid, with Buyer’s decision being final and binding upon both Parties. then Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects right to terminate this Agreement, Buyer shall provide Contract by giving written notice of termination to Seller on or prior to the expiration of the Inspection Period. In If Buyer elects to terminate this Contract as provided for herein, all rights and liabilities of the event parties arising hereunder shall terminate, except that those obligations of Buyer provides said notice which require performance subsequent to termination shall remain enforceable against Buyer. Should the Buyer elect not to proceed with this Contract, copies of terminationall Tests (including surveys, Seller boring reports and any Escrow Agent other engineering studies) shall be obligated provided to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Buyer determines the Property to beAt Purchaser's sole cost and expense, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer Purchaser shall have until , 20 , at : ☐ AM ☐ PM to notify Seller a period of its termination of this Agreement due to Buyer's determination that ninety (90) days from the Property is unsuitable for its intended purpose Effective Date ("Inspection Period"). In ) in which to enter upon the event Buyer elects to terminate this AgreementProperty and conduct soil, Buyer shall provide written notice of termination to Seller prior engineering, environmental and other tests with regard to the expiration CORE/3502136.0016/178404538.4 -4- DocuSign Envelope ID: 013404DF-AB60-4325-B59F-F15BDBD4A580 Property and to investigate the availability of the Inspection Period. In the event Buyer provides said notice of terminationutilities, Seller and any Escrow Agent shall be obligated to return the Escrow Money governmental requirements applicable to the Buyer as provided in Section V hereofProperty and Purchaser's intended use thereof, the availability of all necessary permits and licenses, and neither party shall have any further rights or obligations under this Agreement. In otherwise to determine the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections desirability and utility of the Property for Purchaser's intended use. Purchaser hereby agrees to indemnify and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining hold Seller harmless from any and all approvals required from liabilities or obligations to the extent solely incurred as a result of such access to the Property. Notwithstanding that Purchaser will perform its own inspection and investigation of the Property, Seller agrees to provide Purchaser with copies of any Federalreports in Seller's possession affecting the Property, Stateincluding, or Local Government ("Governmental Approvals") necessary for Buyer without limitation, any soils and/or environmental reports. Purchaser and Purchaser's agents are hereby given permission to satisfy their needs enter the Property during the Inspection Period for the suitability purposes of conducting such tests, investigations and inspections. Purchaser (or the particular agent performing the work or service) shall provide written notice (and as to any agent of Purchaser a certificate of insurance as required below) to Seller at least twenty-four (24) hours prior to the time that the entity or its agents or representatives intend to enter onto the Property during the Inspection Period. This right to enter the Property is strictly limited to the purposes set forth in this Agreement. Prior to conducting such tests and entering upon the Property, Purchaser shall deliver, or cause to be delivered to Seller from any agent of Purchaser and each other party entering onto the Property to perform work or services pursuant to this Paragraph for Purchaser, certificates of insurance naming Seller as an additional insured and providing evidence of the issuance of an insurance policy with an insurance company authorized to do business in the State of Indiana, for comprehensive general public liability insurance (including contractual liability) against claims for bodily injury, death or property damage occurring on, in or about the Property, such insurance to afford protection of not less than $1,000,000 combined single limit per occurrence, caused by or as a result of the acts or omissions of Purchaser and/or its employees, agents, engineers, surveyors, consultants or other contractors or representatives arising out of or suffered as a result of the exercise of Purchaser's rights hereunder. Such certificates shall name Seller and, the underlying Seller, and such other parties as Seller shall designate as additional insured parties thereunder and the insurance reflected on such certificate shall provide coverage on an occurrence made basis. Purchaser covenants that it shall not cause or permit any liens to attach to the Property as a result of Purchaser's acts hereunder or as a result of Purchaser's access to the Property. Said Governmental Approvals shall be obtained during Anything to the Inspection Period unless contrary notwithstanding, the Parties agree otherwise. Any additional agreements related to provisions of this Section must be done in writing and attached to shall survive the termination of this Agreement.

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Buyer determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable suit- able for its intended purposes shall be the sole decision of Buyer, determined in the absolute abso- lute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects to terminate termi- nate this Agreement, Buyer shall provide written notice of termination to Seller prior to the expiration of the Inspection Period. In the event Buyer provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform under Purchaser may terminate this Agreement unless Buyer determines by giving written notice thereof to Seller on or before 5:00 p.m. New York time on the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination date of this Agreement due (the “Contingency Date”), if the Property, the Mortgage Loan or the Mortgage Loan Documents furnished to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period")Purchaser by Seller are unsatisfactory or incomplete in Purchaser’s sole and absolute discretion. In the event Buyer If Purchaser elects to terminate this Agreement under this Section 3, this Agreement shall terminate and the parties hereto shall have no further rights, liabilities or obligations one to the other for any matter relating to the subject matter of this Agreement, Buyer shall provide except as specifically provided herein as surviving the termination of this Agreement. If Purchaser fails to terminate this Agreement by giving written notice of termination to Seller prior to the expiration of the Inspection Period. In the event Buyer provides said notice of terminationContingency Date as set forth above, Seller then Purchaser shall be deemed to have waived its right to terminate this Agreement under this Section 3 and any Escrow Agent Purchaser shall be obligated to return proceed with the Escrow Money performance of its obligations as provided herein. Notwithstanding anything to the Buyer contrary contained herein, Seller shall have no obligation to bring any action or proceeding or otherwise to incur any expense whatsoever with respect to the Property or the Mortgage Loan Documents. Notwithstanding anything to the contrary contained in this Agreement, it is understood and agreed that the Mortgage Loan is being sold and conveyed hereunder “AS IS” without any representation or warranty by Seller, except as provided specifically set forth in Section V hereof6 below. Except as set forth in Section 6 below, Seller has not made and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior hereby make any express or implied representations or warranties whatsoever with respect to the expiration condition of the Inspection PeriodMortgage Loan, the Buyer shall be deemed to be satisfied with its inspections of Mortgage Loan Documents, the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, StateEnforcement Action, or Local Government ("Governmental Approvals") necessary the Property, including, without limitation, any representation or warranty regarding leases, quality of construction, workmanship, merchantability, fitness for Buyer to satisfy their needs during any particular purpose or the Inspection Period for the suitability environmental or structural status or condition of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to , and Purchaser acknowledges that Purchaser is entering into this Agreement without relying upon any such statement or representation made by Seller, any agent, employee, or officer of Seller, or by any other person except as set forth in Section must be done in writing and attached to this Agreement6 below.

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Buyer determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer shall have until ____________________, 20 20___, at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects to terminate this Agreement, Buyer shall provide written notice of termination to Seller prior to the expiration of the Inspection Period. In the event Buyer provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Buyer determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of BuyerXxxxx, determined in the absolute discretion of Buyer, with BuyerXxxxx’s decision being final and binding upon both Parties. Buyer shall have until ____________________, 20 20___, at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects to terminate this Agreement, Buyer shall provide written notice of termination to Seller prior to the expiration of the Inspection Period. In the event Buyer Xxxxx provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. Prior to the Closing (the “Inspection Period”), the Buyer shall be under no obligation to purchase have the Property or otherwise perform under inspection rights set forth in this Agreement unless Buyer determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both PartiesSection 5.2. Buyer shall have until the Inspection Period within which to physically inspect the Assets Company Documents and to conduct its due diligence with respect to the Assets, 20 the Business and the Company. Buyer and Buyer’s officers, directors, employees, consultants, agents and attorneys and other authorized representatives, shall have the right to reasonable access to the Assets and Company Documents and to all records of Sellers and the Company related thereto and any other information of the Company, the Business and the Assets, at : ☐ AM ☐ PM to notify Seller reasonable times during the Inspection Period for the purpose of inspecting the Assets, the Business, and conducting all studies and inspections of all kinds as deemed necessary by Buyer, reviewing the books and records of Sellers and the Company concerning the Company, the Business and the Assets, and otherwise conducting its termination due diligence review of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period")Company, the Business, and the Assets. In the event Sellers shall cooperate with and assist Buyer elects to terminate this Agreement, Buyer shall provide written notice in making such inspections and reviews and in obtaining copies of termination to Seller prior any documentation related to the expiration Company, the Business, and the Assets, including the review and inspection of any and all Approvals, Consents, licenses, Governmental Authorizations and other permits and approvals necessary or required for the Company to own, operate, construct and develop the Business and in accordance with such other applicable local, state and federal Legal Requirements. Sellers shall make available to Buyer such of the Inspection Periodforegoing as may be in Sellers’ possession, or the Company’s possession, in order to facilitate Buyer’s due diligence. In the event Sellers shall give Buyer provides said notice of termination, Seller and any Escrow Agent shall authorizations which may be obligated required by Buyer in order to return the Escrow Money gain access to records or other information pertaining to the Company, the Assets and the Business, or the use thereof maintained by any third party, Governmental Body or organizations. Buyer as provided in Section V hereofshall, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, notify Sellers of the Company Contract that Buyer shall be deemed does not wish for the Company to continue to be satisfied with its inspections of the Property a party thereto and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government bound thereby ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement“Excluded Contracts”).

Inspection Period. (a) Buyer shall be under no obligation agrees that it will have the Inspection Period to purchase physically inspect the Property, review the economic data, underwrite the tenants and review their Leases, and to otherwise conduct its due diligence review of the Property or otherwise perform under this Agreement unless Buyer determines the Property to beand all books, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision records and accounts of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both PartiesSeller related thereto. Buyer shall have until not enter upon the Property for inspection without prior reasonable notice to Seller. Buyer hereby agrees to indemnify and hold Seller harmless from any damages, 20 liabilities or claims for property damage or personal injury arising out of such inspection and investigation by Buyer or its agents or independent contractors. Within the Inspection Period, at : ☐ AM ☐ PM Buyer may, in its sole discretion and for any reason or no reason, elect to notify Seller of its termination of go forward with this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). In the event Buyer elects to terminate this Agreementclosing, Buyer which election shall provide written be made by notice of termination to Seller prior to the expiration of given within the Inspection Period. In the event If such notice is not timely given, this Agreement and all rights, duties and obligations of Buyer provides said notice of and Seller hereunder, except any which expressly survive termination, Seller shall terminate and any Escrow Agent shall forthwith return to Buyer the Earnest Money Deposit. The Propertx xx xeing sold in an "as is" condition and "with all faults" as of the Effective Date of this Agreement and as of Closing. Except as may be obligated expressly set forth in this Agreement, no representations or warranties have been made or are made and no responsibility has been or is assumed by Seller or by any partner, officer, person, firm, agent or representative acting or purporting to return the Escrow Money act on behalf of Seller as to the Buyer as provided in Section V hereof, and neither party shall have any further rights condition or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections repair of the Property and this contingency shall be deemed to be fulfilled. The Selleror the value, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, Stateexpense of operation, or Local Government ("Governmental Approvals") necessary for Buyer income potential thereof or as to satisfy their needs during any other fact or condition which has or might affect the Inspection Period for Property or the condition, repair, value, expense of operation or warranties, express or implied, as to the suitability or fitness of the Property for Buyer's intended use of the Property. Said Governmental Approvals shall be The parties agree that all understandings and agreements heretofore made between them or their respective agents or representatives are merged in this Agreement and the Exhibits hereto annexed, which alone fully and completely express their agreement, and that this Agreement has been entered into after full investigation, or with the parties satisfied with the opportunity afforded for investigation, neither party relying upon any statement or representation by the other unless such statement or representation is specifically embodied in this Agreement or the Exhibits annexed hereto. To the extent that Seller has provided to Buyer information from any inspection, engineering or environmental reports concerning asbestos or harmful or toxic substances, Seller makes no representations or warranties with respect to the accuracy or completeness, methodology of preparation or otherwise concerning asbestos or harmful or toxic substances, Seller makes no representations or warranties with respect to the accuracy or completeness, methodology of preparation or otherwise concerning the contents of such reports. Buyer acknowledges that Seller has requested Buyer to inspect fully the Property and investigate all matters relevant thereto and to rely solely upon the results of Buyer's own inspections or other information obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related or otherwise available to this Section must be done in writing and attached Buyer, rather than any information that may have been provided by Seller to this AgreementBuyer.

Inspection Period. Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Buyer determines the Property to be(a) Purchaser, in all respectsits agents, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Buyeremployees, determined in the absolute discretion of Buyer, with Buyer’s decision being final independent contractors and binding upon both Parties. Buyer representatives shall have the right until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property date which is unsuitable for its intended purpose thirty (30) days after the Effective Date (the "Inspection Period")) to enter the Property for the purpose of inspecting and examining the Property, and for the purpose of any other examinations that Purchaser may deem necessary or appropriate, including preparation of the Survey. In Purchaser shall give Seller reasonable advance notice of the specific days, times and purposes for which Purchaser, and/or its agents, contractors and employees will enter the Property. Purchaser shall not interfere with Seller's business operations conducted at the Property during such entries and Purchaser shall comply with Seller's reasonable requests pertaining to such entries. Notwithstanding any provision contained in this Agreement to the contrary, in the event Buyer elects that Purchaser determines that the results of Purchaser's inspection and examination of the Property, in the sole and absolute discretion of the Purchaser, have not been satisfactory, then Purchaser may elect to terminate this Agreement, Buyer shall provide agreement by delivering written notice of such termination to Seller prior to the expiration of the Inspection Period. In the event Buyer provides said notice of Upon any such termination, Seller and any Escrow Agent the sum of $100 of the Xxxxxxx Money shall be obligated paid to return Seller in full consideration of the Escrow rights granted to Purchaser under this agreement and the balance of the Xxxxxxx Money shall be promptly returned to the Buyer as provided in Section V hereofPurchaser, whereupon this Agreement shall then become null and void, and neither party Purchaser nor Seller shall have any further rights duty, obligation, or obligations liability whatsoever under this Agreement. In the event Buyer does not submit written notice of termination prior If Purchaser fails to the expiration of the Inspection Periodterminate this Agreement as provided in this paragraph, the Buyer Purchaser shall be deemed to be satisfied with its inspections of have elected to purchase the Property "as-is" (other than the warranties of title contained in the special warranty deed), and will have no further right to terminate this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this AgreementAgreement except as otherwise expressly provided herein.

Inspection Period. Buyer or Buyer’s agents, at Buyer’s sole expense, shall have the right to inspect the Property subject to the terms of Section 4.03 below, to determine whether, in Buyer’s sole discretion, the Property (together with the Adjacent Property (as hereinafter defined)) is suitable for Buyer’s intended use thereof for a garden-style apartment development containing not less than 225 apartment units (the “Intended Use”). Such inspection may include but shall not be limited to engineering and feasibility studies. If the Property is determined to be unsuitable in Buyer’s sole and absolute discretion, Buyer may terminate this Agreement by giving written notice to Seller of such termination within ninety (90) days after the expiration of the Initial Contingency Period (as defined in Section 1.05 below) (such ninety (90) day period being hereinafter referred to as the “Inspection Period”), upon which the Escrow Agent shall return the Deposit to Buyer, less One Hundred Dollars ($100.00) which shall be paid to Seller as consideration for entering into this Agreement, and the parties hereto shall be relieved of all further obligations hereunder, except as otherwise set forth herein. Buyer shall cause all persons or entities furnishing materials or services in connection with the inspection rights granted hereunder to be under no obligation to purchase promptly paid and Buyer shall not allow the filing of any mechanics liens against the Property in connection with the inspection permitted hereunder. Seller agrees to assist Buyer if necessary or otherwise perform under this Agreement unless requested by Buyer determines to ensure Buyer has adequate access to the Property to be, in all respects, suitable for its intended purposes. The decision as to whether conduct the Property is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period")inspections contemplated hereunder. In the event that Buyer elects to does not terminate this the Agreement, Buyer shall provide written notice deposit with the Escrow Agent an additional Seventy-Five Thousand Dollars ($75,000.00) on or before the end of termination to Seller prior to Inspection Period (the expiration “Additional Deposit”). The Additional Deposit shall be treated for all purposes hereunder as part of the Inspection Period. In the event Buyer provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this AgreementDeposit.

Inspection Period. 6.1 Unless extended by written agreement of Seller and Buyer, Buyer shall have a period of thirty (30) days from the date upon which the Inspection Materials are fully completely and last delivered to Buyer, unless such date is extended as herein provided, to review and to conduct an inspection of the Property. Such period shall hereinafter be referred to as the "Inspection Period". During the Inspection Period during normal business hours and after 24 hours notice to Seller, Buyer, or its engineers, architects, building consultants, environmental investigators, or other representatives, at Buyer's sole cost and expense, may, subject to Tenant's rights under no obligation to purchase the Lease, inspect and test the Property or otherwise perform under this Agreement unless for the purpose of satisfying Buyer determines in its sole and absolute discretion, that the Property and the Leases thereon is acceptable and satisfactory to beBuyer and Tenant, in all respects, suitable for its intended purposes. The decision as to whether that the Property is suitable for its intended Buyer's purposes and that the Property meets or exceeds all underwriting, legal and regulatory standards and requirements of Buyer. Such tests (i) shall be noninvasive, (ii) shall be conducted subject to the sole decision rights of Buyertenant, determined in (iii) insurance acceptable to Seller shall be carried by Buyer and its agents, (iv) shall be conducted during normal business hours, (v) shall be conducted subject to indemnity of Seller by Buyer acceptable to Seller, and (vi) shall be subject to delivery of copies of all tests conducted during the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Partiesinspection period to Seller. Buyer shall have until comply with all laws, 20 , at : ☐ AM ☐ PM rules and regulations of any governmental authority and obtain all licenses and permits required in connection with such activities. Buyer agrees to notify indemnify and hold Seller of harmless from and against any property damage or personal injury or claim or lien against the Property resulting from any such access or inspection by Buyer or its representatives. Such indemnification shall survive the Closing or earlier termination of this Agreement due to Buyer's determination that the Property is unsuitable for its intended purpose ("Inspection Period")Agreement. In the event Buyer elects to terminate this Agreement, Buyer shall provide written notice of termination also have the right during such Inspection Period to Seller prior to the expiration examine and review environmental conditions of the Inspection Period. In the event Buyer provides said notice of terminationProperty, Seller zoning and land use regulations, governmental entitlements, governmental approvals and any Escrow Agent shall be obligated restrictions, agreements, obligations and liabilities affecting the Property. If Seller fails to return provide any of the Escrow Money to the Buyer as provided documentation in its possession identified in Section V hereof, and neither party shall have any further rights 5 hereof on or obligations under this Agreement. In before the event Buyer does not submit written notice of termination prior to the expiration end of the Inspection Periodprescribed ten (10) -day period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period will be extended one (1) day for each day or partial day delay in the suitability delivery of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreementsuch documentation.

Inspection Period. The Buyer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless the Buyer determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of the Buyer, determined in the absolute discretion of the Buyer, with the Buyer’s decision being final and binding upon both Parties. The Buyer shall have until , 20 _ (mm/dd/yyyy), at : ___ ______ ☐ ☐ AM ☐ PM to notify the Seller of its termination of this Agreement due to the Buyer's determination that the Property is unsuitable for its intended purpose (the "Inspection Period"). In the event Buyer elects to terminate this Agreement, the Buyer shall provide written notice of termination to the Seller prior to the expiration of the Inspection Period. In the event the Buyer provides said notice of termination, the Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V 5 hereof, and neither party shall have any further rights or obligations under this Agreement. In the event the Buyer does not submit written notice of termination prior to the expiration of the Inspection Period, the Buyer shall be deemed to be satisfied with its inspections of the Property and this contingency shall be deemed to be fulfilled. The Seller, at no expense, shall fully cooperate with the Buyer in obtaining any and all approvals required from any Federal, State, or Local Government (the "Governmental Approvals") necessary for the Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement.

Inspection Period. Buyer Lessee shall have a period (the “Inspection Period”) beginning on the Effective Date and ending on the date that is four (4) months from the Effective Date to, at its sole cost and expense, conduct and make surveys, studies and any other appraisals, inspections, tests or studies desired by Lessee, in its sole discretion, including, but without limitation, environmental studies, to confirm to the satisfaction of Lessee, in its sole and absolute discretion, that the Premises are satisfactory to Lessee in all respects and suitable for the Permitted Use. Lessee and its agents and contractors shall be under no obligation permitted access to purchase the Property Premises at all reasonable times for the such purposes stated. Notwithstanding the above, Lessee shall seek and obtain prior written approval from Lessor before performing any invasive testing. Lessee also agrees to return the Premises to their former condition after completion of the tests. Lessee shall indemnify, defend and hold the Lessor Indemnified Parties (as defined in Section 7.8 (a)) harmless from and against any and all claims, liabilities, obligations, damages, costs and expenses, including attorneys’ fees and expenses, arising out of, incurred in connection with or otherwise perform under this Agreement unless Buyer determines the Property to beresulting from inspections performed by Lessee or any of its agents, in all respects, suitable for its intended purposescontractors or employees. The decision as to whether the Property is suitable for its intended purposes foregoing indemnification obligation shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon both Parties. Buyer shall have until , 20 , at : ☐ AM ☐ PM to notify Seller of its survive any termination of this Agreement due to Buyer's determination Lease. If Lessee determines for any reason that the Property is Premises are unsatisfactory or unsuitable for the Permitted Use, in Lessee’s sole discretion, then Lessee may, at its intended purpose ("Inspection Period"). In the event Buyer elects to option, terminate this Agreement, Buyer shall provide Lease by giving written notice of termination to Seller Lessor on or prior to the expiration of the Inspection Period. In the event Buyer provides said notice of termination, Seller and any Escrow Agent shall be obligated to return the Escrow Money to the Buyer as provided in Section V hereof, and neither party shall have any further rights or obligations under this Agreement. In the event Buyer does not submit written notice of termination prior to the expiration last day of the Inspection Period, the Buyer whereupon this Lease shall be deemed to be satisfied of no further force or effect with its inspections of the Property Lessor and this contingency shall be deemed to be fulfilled. The SellerLessee having no further rights, at no expenseobligations or liabilities hereunder, shall fully cooperate with Buyer in obtaining any and all approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Buyer to satisfy their needs during the Inspection Period for the suitability of the Property. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreementexcept as otherwise expressly provided herein.