Common use of Purchaser’s Obligations Clause in Contracts

Purchaser’s Obligations. Conditions to Purchaser’s Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within seven (7) days from the Effective Date of this Contract, Purchaser shall cause the Title Company to furnish to the Purchaser a current commitment (“Title Commitment”) for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all documents constituting exceptions to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt of the later of the Title Commitment, deliver to Seller in writing such reasonable objections as Purchaser may have to anything contained or set forth in the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Purchaser shall elect to either (i) terminate this Contract, or (ii) waive those title objections which Seller has not satisfied and proceed to Closing. In the event Purchaser fails to elect (i) or (ii) in writing within such period, then, and in such event, Purchaser shall be deemed to have elected (ii). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the Property.

Purchaser’s Obligations. Conditions to Purchaser’s Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within Within seven (7) days from the Effective Date of this Contract, Purchaser shall cause the Title Company to furnish to the Purchaser a current commitment (“Title Commitment”) for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all documents constituting exceptions to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt of the later of the Title Commitment, deliver to Seller in writing such reasonable objections as Purchaser may have to anything contained or set forth in the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Purchaser shall elect to either (i) terminate this Contract, or (ii) waive those title objections which Seller has not satisfied and proceed to Closing. In the event Purchaser fails to elect (i) or (ii) in writing within such period, then, and in such event, Purchaser shall be deemed to have elected (ii). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the Property.

Purchaser’s Obligations. Conditions to Purchaser’s Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within Within seven (7) days from the Effective Date of this Contract, Purchaser shall cause the Title Company to furnish to the Purchaser a current commitment (“Title Commitment”) for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all documents constituting exceptions to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt of the later of the Title Commitment, deliver to Seller in writing such reasonable objections as Purchaser may have to anything contained or set forth in the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Purchaser shall elect to either (i) terminate this Contract, or (ii) waive those title objections which Seller has not satisfied and proceed to Closing. In the event Purchaser fails to elect (i) or (ii) in writing within such period, then, and in such event, Purchaser shall be deemed to have elected (ii). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the Property.

Purchaser’s Obligations. Conditions to 10.1 The Purchaser shall: 10.1.1 satisfy itself that the Product is suitable for the Purchaser’s Obligationsintended use; 3.01. The obligations 10.1.2 use the Product in a lawful manner with due regard to all laws and regulations pertaining to the use of such product; 10.1.3 except as permitted by the Consumer ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, not bring or threaten to bring any claim against the Supplier for loss or damage incurred or threatened against the Purchaser hereunder or arising directly or indirectly from the Purchaser’s use of the Product; 10.2 In regard to consummate Hired Product the transactions contemplated hereby are Purchaser shall: 10.2.1 if the Hired Product is intended to be used in a location or manner which is outside its usual or ordinary use, advise the Supplier of the intended location and/or nature of use at the time of hiring the Hired Product; 10.2.2 take proper and reasonable care of the Hired Product, subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior Suppliers obligation to the Closing). 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within seven (7) days from the Effective Date of maintain per this Contract, Purchaser shall cause and , if the Title Company to furnish product is hired, return it to the Supplier at the end of the hire period (to the Suppliers place of business, unless otherwise specified in the Contract) in the same order and condition as at the commencement of the hire (fair wear and tear excepted); 10.2.3 notify the Supplier immediately if the Hired Product is lost, stolen or damaged and shall follow all reasonable instructions of the Supplier; 10.2.4 be responsible, and indemnify the Supplier, for any loss, theft or damage to the Hired Product that occurs from the time the Purchaser a current commitment (“Title Commitment”) takes possession of the Hired Product until it is returned to the Supplier’s possession including: 10.2.4.1 in the case of damage, the full cost of all repairs to restore the Hired Product to the condition it was in at the time of hire; 10.2.4.2 in the case of loss, theft or irreparable damage to the product however caused, the full cost to the Supplier of replacing the Hired Product; and 10.2.5 in addition to the costs set out in clause 10.2.4, be responsible for and indemnify the Supplier for any loss of revenue suffered by the Supplier due to the unavailability of the Hired Product for hire due to loss, theft or damage; and 10.2.6 not remove, deface or obscure any marks of identification or Ownership or registration on the Hired Product. 10.2.7 not move or permit the Hired Product to be moved from the Purchaser’s premises specified on the Schedule without the Suppliers prior consent in writing. Any consent given by the Supplier is without prejudice to all the other obligations of the Purchaser under this Contract. 10.2.8 The Purchaser shall, upon request by the Supplier, advise the Supplier of the whereabouts of the Hired Product and allow the Supplier reasonable time to inspect and test the product and for such purposes the Purchaser gives irrevocable leave and licence to the Supplier to take possession of and/or remove the Hired Product, and to enter any premises where the Hired Product or any part of the Hired Product may be. 10.3 The Purchaser hires or purchases the Product at the Purchaser’s own risk and indemnifies the Supplier against any and all loss in respect of any loss of or damage to the Hired Product including any consequential loss 10.4 The Purchaser warrants that all persons who use the Product shall use the Product in the manner it was designed to be used, and follow any directions from the Supplier, local authorities, codes of practice and/or the manufacturer of the Product relating to the use and safety of the Product and shall comply with all obligations in relation to the use and control of the Product and person using said product in accordance with the Health and Safety at Work ▇▇▇ ▇▇▇▇ and all other relevant legislation. 10.5 If the Purchaser is not an individual, the person who signs the Contract on behalf of the Purchaser warrants that they have authority to bind the Purchaser and will, in any event, be personally liable for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all documents constituting exceptions to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt performance of the later obligations on the Purchaser. The person signing hereby indemnifies the Supplier against all losses and costs that may be incurred by the Supplier arising out of the Title Commitment, deliver to Seller in writing such reasonable objections as Purchaser may have to anything contained or set forth in person signing the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Purchaser shall elect to either (i) terminate this Contract, or (ii) waive those title objections which Seller has not satisfied and proceed to Closing. In the event Purchaser fails to elect (i) or (ii) in writing within such period, then, and in such event, Purchaser shall be deemed Contract failing to have elected (ii). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing such power or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the Propertyauthority.

Purchaser’s Obligations. Conditions to Purchaser’s Obligationsobligations are as follows: 3.01(a) Purchaser agrees to be bound by and comply with the terms and provisions of the Confidentiality Agreement as if Purchaser was an original party to such agreement. The obligations Confidentiality Agreement is hereby incorporated into this Agreement by reference and made a part of this Agreement and shall survive the execution of this Agreement notwithstanding the terms thereof. If a conflict arises between the provisions of this Agreement and the provisions of the Confidentiality Agreement, the provisions of the Confidentiality Agreement shall control. The provisions of this Section 4.3 shall terminate upon (1) the Closing or (2) if this Agreement is terminated pursuant to ARTICLE IX, the date two (2) years after the termination of this Agreement. (b) In the event that any Permit or Environmental Permit which is to be assigned to Purchaser hereunder is not assignable and Purchaser needs such Permit or Environmental Permit in order to consummate operate the Business, Purchaser shall use its best efforts and make every good faith attempt (and the Company shall reasonable cooperate with Purchaser) to obtain such Permit or Environmental Permit. (c) Purchaser shall, at its cost and expense, make all filings with, and provide all notices to, governmental authorities as are necessary in connection with the transactions contemplated hereby are subject by this Agreement, including, without limitation, all filings with, and all notices to, the U.S. Alcohol and Tobacco Tax and Trade Bureau and all similar state and local governmental agencies. (d) Purchaser shall provide Sellers with prompt written notice if Purchaser becomes aware of the breach of any representation, warranty or covenant of Purchaser that has rendered, or that would, in Purchaser’s good faith judgment, reasonably be expected to render impossible, the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior condition to the Closing)obligations of Sellers set forth in Section 5.1. 3.02. Seller shall have performed, observed, and complied with all (e) Without the prior written consent of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within seven (7) days from the Effective Date of this ContractGHI, Purchaser shall cause not (1) purchase additional shares in CBA or (2) otherwise provide financing to CBA, the Title Company proceeds of which in each case are intended to furnish be used by CBA to the Purchaser a current commitment (“Title Commitment”) for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all documents constituting exceptions to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt of the later of the Title Commitment, deliver to Seller in writing such reasonable objections as Purchaser exercise any rights it may have under FSB Operating Agreement to anything contained or set forth in acquire the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period Ownership Percentage of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Purchaser shall elect to either (i) terminate this Contract, or (ii) waive those title objections which Seller has not satisfied and proceed to Closing. In the event Purchaser fails to elect (i) or (ii) in writing within such period, then, and in such event, Purchaser shall be deemed to have elected (ii). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the PropertyGHI.

Purchaser’s Obligations. Conditions to Purchaser’s Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject (a) Subject to the satisfaction terms of each Schedule 18, the Purchaser shall be responsible for and shall indemnify Seller on demand (for its own benefit and for the benefit of the following conditions (other members of the Seller's Group) against any and all Losses incurred by the Seller or any other member of which may be waived in whole the Seller's Group arising out of or in part by Purchaser at or prior connection with: (i) the Assumed Liabilities; and (ii) any member of the Seller's Group taking any reasonable action to the Closing)defend against any Assumed Liability. 3.02. (b) With effect from Completion, all complaints received by the Seller or a member of the Seller's Group or the Purchaser's Group (which, for the avoidance of doubt, includes the Target Group following Completion) from customers in relation to goods or services sold or supplied in the context of the Business on or before the Completion Date shall have performed, observedbe dealt with as follows: (i) the Seller shall, and complied with all shall procure that the members of the covenantsSeller's Group shall, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within seven (7) days from the Effective Date of this Contract, Purchaser shall cause the Title Company to furnish refer all complaints to the Purchaser promptly after receipt by the Seller's Group of any complaint; (ii) the Purchaser shall inform in writing the Seller that it has received a current commitment complaint promptly after receipt by the Purchaser’s Group of any complaint; (“Title Commitment”iii) for the issuance Purchaser shall have full conduct of an Owner’s Policy such complaints and shall use, at the Seller's cost (including reasonable and documented costs of Title Insurance together with legible copies of all documents constituting exceptions handling such returns, credits awarded and/or refunds paid to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt customers and destruction of the later relevant Product(s)), Commercially Reasonable Efforts to supply any replacement goods and carry out any remedial services that are reasonably required to resolve such complaints; (iv) the Seller shall provide any information or assistance reasonably requested by the Purchaser in dealing with complaints under this clause 10.3(b); and (v) the Purchaser will not make any admission of liability which is binding on the Title Commitment, deliver Seller in relation to any complaint without first informing the Seller in writing and obtaining the Seller's prior written consent (such reasonable objections as Purchaser may have consent not to anything contained be unreasonably withheld, delayed or set forth in the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Purchaser shall elect to either (i) terminate this Contract, or (ii) waive those title objections which Seller has not satisfied and proceed to Closing. In the event Purchaser fails to elect (i) or (ii) in writing within such period, then, and in such event, Purchaser shall be deemed to have elected (iiconditioned). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the Property.

Purchaser’s Obligations. Conditions Purchaser shall have until March 14, 2023 (the “Title Objection Date”), to notify Seller in writing (“Purchaser’s Obligations 3.01Title Objection Notice”) of any Exceptions in the Title Commitment or any matter disclosed by a current survey which makes the Property unsuitable for Purchaser’s purposes, in Purchaser’s sole judgment (“Title Objections”). The obligations If Purchaser fails to timely provide a Purchaser’s Title Objection Notice, Purchaser shall be deemed to have approved the condition of Purchaser hereunder to consummate the transactions contemplated hereby are subject title to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Property. If Purchaser at or prior to the Closing). 3.02. timely provides a Purchaser’s Title Objection Notice, then Seller shall have performeduntil March 13, observed, and complied 2023 (“Seller’s Title Objection Response Deadline”) within which to provide Purchaser with all of the covenants, agreements, and conditions required by this Contract written notice (“Seller’s Title Objection Response”) that Seller will cause such Title Objections to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within seven (7) days removed from the Effective Date of this Contract, Purchaser shall cause Title Commitment or endorsed over in the Title Company to furnish to the Purchaser a current commitment Commitment (“Cure”), or that Seller will not cause such Title Commitment”) for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all documents constituting exceptions Objections to Seller’s title as reflected be removed from or endorsed over in the Title Commitment. Purchaser may, on and Seller each understand and agree that Seller shall not be obligated to cause any such Title Objections to be removed from or prior to five (5) days after its receipt of the later of the Title Commitment, deliver to Seller in writing such reasonable objections as Purchaser may have to anything contained or set forth endorsed over in the Title Commitment or the title exception documentsbut may attempt to do so in its sole and absolute discretion. In the event Purchaser timely objects that Seller is unable or unwilling to effect any matter contained such Cure, or in the event that Seller’s proposed Cure as set forth in Seller’s Title Commitment or title exception documentsObjection Response is unacceptable to Purchaser, Seller shall have a reasonable period of time after receipt of Purchaser’s objections within which Seller then Purchaser may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Purchaser shall elect to at its option either (i) terminate exercise its Right to Terminate this ContractAgreement, whereupon the ▇▇▇▇▇▇▇ Money shall be returned to Purchaser, and the parties hereto shall have no further obligations hereunder except for any obligation hereunder, which by the express terms of this Agreement, survives any termination of this Agreement, by delivery of a written notice to Seller on or before March 14, 2023, or (ii) to waive those title objections which Seller has not satisfied such Title Objections and proceed to Closing, as defined in Section 4 hereof. In the event Purchaser fails to elect timely exercise its right to terminate as set forth in item (i) or above, then all Title Objections (iiother than those which Seller has agreed to Cure in the Seller’s Title Objection Response) in writing within such period, then, and in such event, Purchaser shall be deemed to have elected (ii)been waived, and Purchaser shall proceed to Closing. All Exceptions not objected to by Purchaser acknowledges that Seller is providing Purchaser with an opportunity pursuant to thoroughly inspect the Property prior this Section 5 or Title Objections subsequently waived in writing shall hereinafter be deemed to Closing or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the Propertybe “Permitted Exceptions”.

Purchaser’s Obligations. Conditions (a) Each Purchaser acknowledges that a condition precedent to Purchaser’s Obligations 3.01. The the obligations of Purchaser hereunder the Company pursuant to consummate the transactions contemplated hereby are subject Sections 2 and 4 of this Agreement with respect to the satisfaction Registrable Securities of each of a particular Purchaser shall be that (i) such Purchaser shall complete or cause to be completed the following conditions (any of which may be waived in whole or in part by Purchaser at or prior Registration Statement Questionnaire attached hereto as Appendix I and deliver such completed and executed Registration Statement Questionnaire to the Closing). 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, Company within seven (7) days from the Effective Date of this Contract, Purchaser shall cause the Title Company to furnish to the Purchaser a current commitment (“Title Commitment”) for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all documents constituting exceptions to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt Business Days of the later date of this Agreement, and (ii) the information in such Registration Statement Questionnaire shall be true, correct and complete as of the Title Commitmentdate hereof and will be true, deliver correct and complete as of the effective date of the Registration Statement and each day thereafter (provided that, if necessary to Seller in writing make the statement accurate, such reasonable objections as Purchaser may have to anything contained or set forth in the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation entitled to incur any costs whatsoever update such information prior to the effective date of the Registration Statement), and (iii) shall execute such documents in connection with such cureregistration as the Company may reasonably request. In Each Purchaser shall promptly notify the Company of any material change with respect to such information previously provided to the Company by such Purchaser. (b) Each Purchaser agrees that, upon receipt of any notice from the Company of the happening of any event Seller has not yet satisfied each and every of the kind described in Sections 4(h) or the first sentence of Section 4(g) of this Agreement, such Purchaser will immediately discontinue disposition of Registrable Securities pursuant to the Registration Statement covering such Registrable Securities until such Purchaser’s stated title objections within ten receipt of the copies of the amended or supplemented Prospectus contemplated by Section 4(g) of this Agreement or receipt of notice that no amendment or supplement is required and, if so directed by the Company, such Purchaser shall deliver to the Company (10at the expense of the Company) days following or destroy (and deliver to the date Company a certificate of destruction) all copies of the Prospectus covering such Registrable Securities current at the time of receipt of such notice (other than a single file copy, which such Purchaser may keep) in such Purchaser’s objectionspossession. Each transferee of such Registrable Securities agrees, Purchaser by acquisition of the Registrable Securities, that no holder of Registrable Securities shall elect be entitled to either sell any of such Registrable Securities pursuant to the Registration Statement or to receive or use a Prospectus relating thereto, unless such holder, prior to use of such Registration Statement for the disposition of Registrable Securities, (i) terminate agrees to be bound by the terms of this ContractAgreement, or and (ii) waive those title objections which Seller has furnished the Company with the completed Registration Statement Questionnaire required to be provided by each Purchaser under Section 6(a) above. (c) The Purchaser agrees that it will not satisfied and proceed effect any disposition of the Shares or its right to Closing. In purchase the event Purchaser fails to elect (i) Shares that would constitute a sale within the meaning of the Securities Act or (ii) in writing within such periodany applicable state securities laws, then, and in such event, Purchaser shall be deemed to have elected (ii). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or except as contemplated in the past, of any hazardous substances at the PropertyRegistration Statement or as otherwise permitted by law.

Purchaser’s Obligations. Conditions (a) Each Purchaser acknowledges that a condition precedent to Purchaser’s Obligations 3.01. The the obligations of Purchaser hereunder the Company pursuant to consummate the transactions contemplated hereby are subject Sections 2 and 3 of this Agreement with respect to the satisfaction Registrable Securities of each a particular Purchaser shall be that (i) such Purchaser shall complete or cause to be completed the Registration Statement Questionnaire attached hereto as Appendix I, and (ii) the information in such Registration Statement Questionnaire shall be true, correct and complete as of the following conditions date hereof and will be true, correct and complete as of the effective date of the Registration Statement and each day thereafter (any of which may provided that, if necessary to make the statement accurate, such Purchaser shall be waived in whole or in part by Purchaser at or entitled to update such information prior to the Closingeffective date of the Registration Statement). 3.02. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3.03. If not previously provided, within seven (7iii) days from the Effective Date of this Contract, Purchaser shall cause the Title Company to furnish to the Purchaser a current commitment (“Title Commitment”) for the issuance of an Owner’s Policy of Title Insurance together with legible copies of all execute such documents constituting exceptions to Seller’s title as reflected in the Title Commitment. Purchaser may, on or prior to five (5) days after its receipt of the later of the Title Commitment, deliver to Seller in writing such reasonable objections as Purchaser may have to anything contained or set forth in the Title Commitment or the title exception documents. In the event Purchaser timely objects to any matter contained in the Title Commitment or title exception documents, Seller shall have a reasonable period of time after receipt of Purchaser’s objections within which Seller may attempt to cure such objections specified by Purchaser; provided, however, Seller shall provide reasonable responsive cooperation and assistance requested by Purchaser to cure any objections, but shall be under no obligation to incur any costs whatsoever in connection with such cureregistration as the Company may reasonably request. In the event Seller has not yet satisfied each and every of Purchaser’s stated title objections within ten (10) days following the date of Purchaser’s objections, Each Purchaser shall elect promptly notify the Company of any material change with respect to either such information previously provided to the Company by such Purchaser. (b) Each Purchaser agrees that, upon receipt of any notice from the Company of the happening of any event of the kind described in Sections 3(f) or 4 of this Agreement or the first sentence of Section 3(e) of this Agreement, such Purchaser will immediately discontinue disposition of Registrable Securities pursuant to the Registration Statement covering such Registrable Securities until such Purchaser's receipt of the copies of the amended or supplemented Prospectus contemplated by Section 3(e) of this Agreement or receipt of notice that no amendment or supplement is required and, if so directed by the Company, such Purchaser shall deliver to the Company (at the expense of the Company) or destroy (and deliver to the Company a certificate of destruction) all copies of the Prospectus covering such Registrable Securities current at the time of receipt of such notice (other than a single file copy, which such Purchaser may keep) in such Purchaser's possession. Each transferee of such Registrable Securities agrees, by acquisition of the Registrable Securities, that no holder of Registrable Securities shall be entitled to sell any of such Registrable Securities pursuant to the Registration Statement or to receive or use a Prospectus relating thereto, unless such holder (i) terminate agrees to be bound by the terms of this ContractAgreement, or (ii) waive those title objections which Seller has not satisfied purchases at least the lesser of 175,000 shares of Registrable Securities and proceed to Closing. In all of that number of shares of Registrable Securities initially purchased by the event transferring Purchaser fails to elect (i) or (ii) in writing within such period, thenfrom the Company on the Closing Date, and in such event, (iii) has furnished the Company with the completed Registration Statement Questionnaire required to be provided by each Purchaser shall be deemed to have elected (ii). Purchaser acknowledges that Seller is providing Purchaser with an opportunity to thoroughly inspect the Property prior to Closing or all purposes, including any concerns with respect to any past, current or future violation of environmental laws or with respect to the presence, either now or in the past, of any hazardous substances at the Propertyunder Section 5(a) above.