Buyer's obligation to purchase the premises are subject to Buyer obtaining at least fifteen (15) days prior to the date for performance all permits and approvals necessary for the construction of two to four buildings on the Premises for Buyer's administrative, research and development, and assembly (including accessory manufacturing activities) facilities and all necessary accessory and ancillary uses, including without limitation, parking and access roads (all of the foregoing referred to herein as "Buyer's Proposed Use"), including, without limitation, a site plan approval, variance, or special permit (but not including a building permit), an approved on-site sewage disposal permit and any other zoning or regulatory approvals of the Town of Oxford required for Buyer's Proposed Use. The Buyer agrees that it will expeditiously file and prosecute such applications. Buyer shall be deemed to have obtained any permit or approval necessary upon the expiration of any appeal period after a favorable vote or other action granting the permit or approval.
Buyer's obligation to close this transaction is contingent upon the Real Property being free from all encroachments and other survey defects that would materially and significantly impair Buyer's functional use of the Subject Property for the purposes for which it is currently being used. As soon as reasonably practicable and in no event later than ten (10) days after the execution of this Agreement, Seller shall also provide Buyer with copies of: (i) all existing architectural and engineering drawings and reports concerning the Real Property currently in Seller's possession or under Seller's control; and (ii) all service contracts for all or any portion of the Subject Property, each of which is listed in Exhibit B attached hereto (the "Contracts"). 8.
Buyer's obligation to purchase the property is contingent upon receipt and approval of the preliminary title report as provided in paragraph5.
