Common use of Feasibility Study Clause in Contracts

Feasibility Study. Buyer is granted the right to conduct engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Study; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hours. Buyer will not alter the physical condition of the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the written consent of Seller to any physical alteration of the Property or invasive testing. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option Money) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposes.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from xxxxes, damages, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that xxxxx result in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Buyer's determination of whether or not the Properxx xx acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study period ends and Buyer's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Axxxx receives proper authorization form all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. Buyer Purchaser is granted a license to enter upon the right Property to conduct such nondestructive engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions as Purchaser deems necessary or advisable and for reviewing and copying those of the Submission Matters noted as to be provided on-site (collectively, the “"Feasibility Study”") during the period (the “"Feasibility Period”"), which commenced on June 15, 2015) commencing on under the Effective Date terms of that certain Access and Due Diligence Agreement between the parties (the "Access Agreement")) and ending at 5:00 p.m., Central Time, on July 30, 2015. If this Contract remains in effect after expiration of the June 3Feasibility Period, 2010then Purchaser may continue the Feasibility Study until Closing. With Seller’s 's permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ two full Business Days advance written notice to any affected tenantsof the intended date of entry (which request may be via email without requirement for additional form of delivery and which permission, Buyer unless promptly denied in writing, shall be deemed granted), Purchaser or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Purchaser for the Feasibility Study. Buyer or its designated representative Purchaser must be accompanied by a Seller's manager for the Property or another designated representative of Seller (Xxxxx Xxxxxxxx), or have received Seller’s 's written permission prior to entering upon the Property in connection with Buyer’s Purchaser's Feasibility Study; provided, however, Buyer Purchaser may not enter into any space leased by any tenant without being accompanied by a Seller's manager for the Property or another designated representative of SellerSeller (Xxxxx Xxxxxxxx). Seller agrees to make its manager or other representative reasonably available during normal business hours. Buyer Purchaser will not alter the conduct physical condition of the Property or conduct invasive testing or testing involving sampling (including, without limitation, any environmental testing other than a Phase I study) without notifying Seller of its requested tests, and obtaining the written consent of Seller to Seller. Before conducting any test or investigation involving physical alteration disturbance, sampling or invasive testing of any portion of the Property Property, Purchaser shall provide Seller with a reasonably detailed testing plan outlining the tests Purchaser intends to perform. No such tests shall be conducted without Seller’s prior written approval of the testing plan and the specific test or invasive testinginvestigation, which approval may be via email from Seller’s designated representative without requirement for additional form of delivery of notice. Buyer Purchaser will utilize exercise commercially reasonable diligence efforts to conduct or cause to be conducted all inspections and tests in a manner and at times which that will not unreasonably interfere with any tenant’s 's use and occupancy of the Property. Purchaser shall comply with all federal, state and local laws, rules, regulations and ordinances which might in any way relate to the Feasibility Study. If Buyer Purchaser determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s Purchaser's intended use or purpose, or is not in satisfactory condition, or that Purchaser otherwise no longer desires to purchase the Property, then Buyer Purchaser may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option MoneyNonrefundable Deposit which will be paid to Seller) will be promptly returned to BuyerPurchaser, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to in the manner and within the time provided in this Section 5(a6(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s Purchaser's right to terminate this Contract pursuant to this Purchase and Sale Agreement15233085_2 9 Section 5(a6(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer Purchaser for all purposes. The Feasibility Study will be at Purchaser's expense.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for __________________________________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate governmxxx xgencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from losses, xxxxxes, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter the physical condition of engage in any activity that could resxxx xn a construction lien being filed against the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the Seller's prior written consent of Seller to any physical alteration of the Property or invasive testing. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option Money) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive terminationconsent. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposes.transaction does not

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for _____________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate xxxxxnment agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from lxxxxx, damages, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that coxxx xesult in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property /SL/ /JG/ resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Buyer's determination of whether or not the Property xx xcceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study period ends and Buyer's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Agexx xxceives proper authorization form all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. Buyer is granted the right to conduct engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central prevailing Pacific Time, on the June 3November 24, 20102009. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer for the Feasibility Study. Buyer or its designated representative must be accompanied by a Seller’s manager for the Property or another designated representative of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Study; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a Seller’s manager for the Property or another designated representative of Seller. Seller agrees to make its manager or other representative reasonably available during normal business hours. Buyer will not alter the physical condition of the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the written consent of Seller to any physical alteration of the Property or invasive testingProperty. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than less any cancellation fee payable to the Option MoneyTitle Company or Underwriter) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property after expiration of the Feasibility Period from time to time during normal business hours. Buyer or its designated representative must hours and upon advance notice to Seller (which notice may be accompanied by a designated representative oral) for the purpose of Seller or have received Seller’s written permission prior to entering upon inspecting the Propertycommon areas; provided, however, Buyer may not enter into any space leased by any tenant without Seller’s consent and without being accompanied by a Seller’s manager for the Property or another designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposes.

Feasibility Study. Buyer Purchaser is granted a license to enter upon the right Property to conduct such nondestructive engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions as Purchaser deems necessary or advisable and for reviewing and copying those of the Submission Matters noted as to be provided on-site (collectively, the “"Feasibility Study”") during the period (the “"Feasibility Period”"), which commenced on June 15, 2015) commencing on under the Effective Date terms of that certain Access and Due Diligence Agreement between the parties (the "Access Agreement")) and ending at 5:00 p.m., Central Time, on July 30, 2015. If this Contract remains in effect after expiration of the June 3Feasibility Period, 2010then Purchaser may continue the Feasibility Study until Closing. With Seller’s 's permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ two full Business Days advance written notice to any affected tenantsof the intended date of entry (which request may be via email without requirement for additional form of delivery and which permission, Buyer unless promptly denied in writing, shall be deemed granted), Purchaser or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Purchaser for the Feasibility Study. Buyer or its designated representative Purchaser must be accompanied by a Seller's manager for the Property or another designated representative of Seller (Xxxxx Xxxxxxxx), or have received Seller’s 's written permission prior to entering upon the Property in connection with Buyer’s Purchaser's Feasibility Study; provided, however, Buyer Purchaser may not enter into any space leased by any tenant without being accompanied by a Seller's manager for the Property or another designated representative of SellerSeller (Xxxxx Xxxxxxxx). Seller agrees to make its manager or other representative reasonably available during normal business hours. Buyer Purchaser will not alter the conduct physical condition of the Property or conduct invasive testing or testing involving sampling (including, without limitation, any environmental testing other than a Phase I study) without notifying Seller of its requested tests, and obtaining the written consent of Seller to Seller. Before conducting any test or investigation involving physical alteration disturbance, sampling Purchase and Sale Agreement15233094_2 9 or invasive testing of any portion of the Property Property, Purchaser shall provide Seller with a reasonably detailed testing plan outlining the tests Purchaser intends to perform. No such tests shall be conducted without Seller’s prior written approval of the testing plan and the specific test or invasive testinginvestigation, which approval may be via email from Seller’s designated representative without requirement for additional form of delivery of notice. Buyer Purchaser will utilize exercise commercially reasonable diligence efforts to conduct or cause to be conducted all inspections and tests in a manner and at times which that will not unreasonably interfere with any tenant’s 's use and occupancy of the Property. Purchaser shall comply with all federal, state and local laws, rules, regulations and ordinances which might in any way relate to the Feasibility Study. If Buyer Purchaser determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s Purchaser's intended use or purpose, or is not in satisfactory condition, or that Purchaser otherwise no longer desires to purchase the Property, then Buyer Purchaser may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option MoneyNonrefundable Deposit which will be paid to Seller) will be promptly returned to BuyerPurchaser, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to in the manner and within the time provided in this Section 5(a6(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s Purchaser's right to terminate this Contract pursuant to this Section 5(a6(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer Purchaser for all purposes. The Feasibility Study will be at Purchaser's expense.

Feasibility Study. Buyer is granted the right to conduct engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Standard Time, on the June 3November 30, 20102011. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least twenty-four (24-hours’ ) hours advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer for the Feasibility Study. Buyer or its designated representative must be accompanied by a Seller’s manager for the Property or another designated representative of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Study; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a Seller’s manager for the Property or another designated representative of Seller. Seller agrees to make its manager or other representative reasonably available during normal business hours. Buyer will not alter the physical condition of the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the written consent of Seller to any physical alteration of the Property or invasive testingProperty. Buyer will utilize commercially reasonable diligence exercise its best efforts to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option Money) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of in the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule manner and within the time provided in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposes. The Feasibility Study will be at Buyer’s expense.

Feasibility Study. This Real Estate Purchase and Sale Agreement, the contract resulting from the Seller's acceptance hereof, and the closing of the escrow to be created thereunder, are expressly contingent upon the following: Within 30 days of execution hereof by both Buyer is granted and Seller, Buyer shall complete a feasibility study for developing the property. The study shall include a complete review of the property and the proposed project thereon. Buyer's decision to continue or to terminate this Agreement shall be final and entirely within Buyer's sole discretion. Buyer's election to continue this Agreement must be in writing, accompanied by the check for the remaining $40,000 of xxxxxxx money, delivered to Chicago Title, Cascade Park Office on or before the expiration of the 30-day feasibility period and deposited in the interest bearing account described in Section 1, above. Should Buyer not approve the Feasibility Study within the time frames stipulated herein, then Buyer shall have the right to conduct engineering and/or market void the transaction by giving written notice of termination to Seller or its agents on or before such 30th day whereupon all xxxxxxx money paid and economic feasibility studies accrued interest shall be refunded to Buyer and this Agreement shall be of no further binding effect. If no notice of acceptance or rejection is received, the condition shall be deemed failed, and this Agreement shall be deemed terminated and of no further binding effect whereupon all xxxxxxx money paid and accrued interest shall be refunded to Buyer. Buyer and Seller may not void or terminate the transaction as to one portion of the Property property and a physical inspection not as to another; acceptance or rejection of the Propertyproperty must be as to the entirety of the property described in Exhibit X. The Feasibility Study shall be completed at Buyer's expense provided Buyer shall have access to the subject property for purposes including but not limited to surveys, environmental and hazardous substance analyses, engineering and wetland reports for the subject property. Within seven days of mutual acceptance of this Agreement, Seller shall deliver to Buyer's agent copies of all studies, reports, surveys, engineering, etc. completed for the subdivision, and copies of the organizational documents of the homeowners association, and make available for review all Architectural Review Committee decisions, findings, correspondence, and all other Architectural Review Committee Documents, and make available for review all correspondence and all other documents received or prepared by the homeowners association. If pursuant to the feasibility ADDENDUM TO THE PURCHASE AND SALE AGREEMENT BY AND BETWEEN XXXXXXX HOMES, INC. AS BUYER AND COOP FAMILY LIMITED PARTNERSHIP AS SELLER study Buyer elects not to purchase the property Buyer shall return to Seller within 7 days the entire work file, including studies or inspections any copies made by Buyer and any originals and copies delivered to determine the existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010Buyer. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property The information previously delivered and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary delivered shall be treated by Buyer as confidential and shall not be disclosed to third parties until the second closing has occurred except under these conditions of confidentiality to Buyer's agents, contractors and architects. Buyer's feasibility contingencies, as contained herein, are intended for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative sole benefit of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Study; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make provide Buyer access to said property and documents, provided Buyer agrees to hold Seller harmless from any liability arising therefrom and that upon completion of the feasibility period, Buyer will return the property to its representative reasonably available during normal business hourscondition preceding inspection. Buyer warrants that Buyer will not alter act in a prudent and diligent manner in removing the physical condition contingencies outlined above. Notwithstanding the provisions of Section 3, Title, and Section 4, Title Insurance, of the Property printed Land Form attached to this Agreement, Seller shall present the preliminary title report and copies of all exceptions listed therein within ten days after mutual execution of this Agreement or conduct invasive testing without notifying Seller of its requested tests, and obtaining the written consent of Seller to any physical alteration of the Property or invasive testingas soon thereafter as possible. Buyer will utilize commercially reasonable diligence shall have ten days from receipt of such items to conduct accept or cause to be conducted all inspections reject the status of title and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, such exceptions in its sole judgmentdiscretion, that and shall notify Seller in writing prior to the Property is not suitable for any reason for Buyer’s intended use expiration of such period whether it accepts such title and exceptions or purposewaives them, or whether it rejects such title or exception and is not in satisfactory condition, then Buyer may electing to terminate this Contract by written notice to Seller prior to expiration of the Feasibility PeriodAgreement, in which case the Xxxxxxx Money (other than the Option Money) event all xxxxxxx money and interest thereon will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect . Failure to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance give notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesacceptance of title and exceptions.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ________________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate xxxxxnment agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from lxxxxx, damages, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter the physical condition of engage in any activity that coxxx xesult in a construction /SL/ /BG/ lien being filed against the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the Seller's prior written consent of Seller to any physical alteration of the Property or invasive testing. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option Money) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive terminationconsent. If this Contract is transaction does not terminated pursuant close, Buyer will, at Buyer's expense, (1) repair all damages to this Section 5(a), then after expiration the Property xesulting from the Inspections and return the Property to the condition it was in prior to conduct of the Feasibility PeriodInspections, after and (2) release to Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination all reports and other work generated as a result of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesInspections.

Feasibility Study. Buyer will, at Buyer's expense and within ______ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ____________________________________________ _______________________________ use. During the Feasibility Study Period, Buyer may conduct a Phrase 1 environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional growth management plans; availability of permits, government approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study Period ends and Buyer's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Agent receives proper authorization from all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. Buyer is granted the right to Purchaser shall conduct engineering and/or market at its sole cost and economic expense an intensive feasibility studies study of the Real Property (the "Feasibility Study"), which study shall include but not be limited to, (i) reviewing and a physical inspection of approving the Property, including studies or inspections to determine the existence results of any environmental hazards or conditions assessment report which Purchaser may elect to obtain, and all Property Documents required to be provided to Purchaser by Seller, (collectivelyii) conducting such engineering and soils studies, utilities investigations, wetlands investigations, if applicable, ALTA surveys and regulatory reviews, as Purchaser deems appropriate to the “Feasibility Study”) during development of an assisted living facility consistent with the period developments plans of Purchaser (the “"Facility") and (iii) procuring approval for a Certificate of Need ("CON") for the Real Property in order to permit the construction and operation of the Facility, subject to only such conditions as shall be satisfactory to Purchaser. Within ninety (90) days following the mutual execution of this Agreement (the "Feasibility Period”) commencing on "), Purchaser shall have approved or disapproved the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination results of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer for the said Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior Notwithstanding the foregoing, if, despite Purchaser's good faith efforts, Purchaser is unable to entering upon secure final and non-appealable approval for the Property in connection with Buyer’s Feasibility Study; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hours. Buyer will not alter the physical condition issuance of the Property or conduct invasive testing without notifying Seller CON within said ninety (90) day period, the Feasibility Period may be extended for up to three (3) consecutive periods of its requested tests, and obtaining thirty (30) days each in order to permit Purchaser the written consent of Seller necessary time to any physical alteration procure said CON approval. If at the end of the Property or invasive testingthird such thirty (30) day extension, Purchaser determines that it shall need additional time in order to obtain said final approval for the CON, Purchaser shall be permitted to further extend the Feasibility Period as Purchaser determines reasonably necessary provided that, for each additional thirty (30) day extension, the purchase price payable hereunder shall be increased by an amount equal to Five Hundred Dollars ($500.00). Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy Any extension of the Property. If Buyer determinesFeasibility Period, in its sole judgmentas permitted hereunder, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract shall exercisable by written notice sent to Seller prior to on or before the then current date for the expiration of the Feasibility Period. Seller agrees to grant to Purchaser and/or its agents, consultants and contractors the right to enter the Real Property for the purpose of performing such tests, studies and investigations as Purchaser determines necessary in which case the Xxxxxxx Money (other than the Option Money) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein connection with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration its Feasibility Study of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Real Property; provided, however, Buyer may that the activities conducted by Purchaser and/or any of its agents, consultants or contractors shall not enter into any space leased by any tenant without being accompanied by a designated representative materially change or alter the character of Sellerthe Real Property. If this Contract is not timely terminated pursuant Seller further agrees to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections fully cooperate with respect to Purchaser concerning the components of the Feasibility Study will be deemed to have been waived by Buyer for all purposesStudy.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller's prior /SL/ /SG/ written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study period ends and Buyer's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Agent receives proper authorization form all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Xxxxx's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Xxxxx will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting inspections; provided, however, Buyer may not that Buyer, its agents, contractors and assigns enter into the Property and conduct inspections at their own risk. Xxxxx will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursXxxxx. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer Xxxxx will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Xxxxx's determination of whether or not the Property is acceptable. Xxxxx's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study period ends and Xxxxx's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Agent receives proper authorization form all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. During the Feasibility Period, Buyer is granted shall have the right to conduct engineering and/or market conduct, at its sole cost and economic feasibility studies expense, such investigations, studies, surveys, analyses and tests on and of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit as it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Study; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hours. Buyer will not alter the physical condition of the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the written consent of Seller to any physical alteration of the Property or invasive testing. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determinesshall, in its sole judgmentdiscretion, that determine are necessary or desirable, including, without limitation, soil tests, environmental audits and studies, and make such evaluations as Buyer may, in its sole and absolute discretion, determine are necessary or desirable under the circumstances, all subject to Article 7 below. In order to perform the foregoing investigations, Buyer, its agents, contractors, employees and potential lenders, shall have reasonable access to the Property is (subject to Buyer's reasonable security requirements and conditions), all for the purposes of inspecting the same and conducting tests, inspections, and analyses thereon and making evaluations thereof, all at Buyer's expense. Buyer's rights to enter onto the Property to conduct the aforementioned studies, investigations or inspections shall be subject to the provisions of Article 7 below. If Buyer does not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by give Seller written notice to Seller prior to of approval of the results of its feasibility study on or before the expiration of the Feasibility Period, in which case then the Xxxxxxx Money (other than the Option Money) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as conditions set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to in this Section 5(a), then after 5.1.2 shall be deemed unsatisfied and Buyer shall be deemed to have disapproved the Property. On or before the expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule shall notify Buyer in an orderly manner Buyer’s examination writing of the Property and items of Personal Property, if any, presently located within the Buildings that Seller will remove, or cause to provide be removed, at least 24-hours’ advance written notice to any affected tenantsSeller's cost, Buyer or its designated agents may enter upon from the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission Buildings prior to entering upon the Close of Escrow hereunder and any items of Personal Property presently located within such Buildings that are not so identified for removal prior to the Close of Escrow by Seller (the "Remaining Personal Property; provided") shall be conveyed to Buyer at the closing in its "as is" condition at no additional cost to Buyer. Promptly following the date the Remaining Personal Property is identified, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative the parties shall attach the list of Seller. If this Contract is not timely terminated pursuant Remaining Personal Property to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposes.Agreement as Exhibit C.

Feasibility Study. Buyer will, at Buyer’s expense and within 75 days from Effective Date (“Feasibility Study Period”), determine whether the Property is suitable, in Buyer’s sole and absolute discretion, for ____________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations (“Inspections”) that Buyer deems necessary to determine to Buyer’s satisfaction the Property’s engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional growth management plans; availability of permits, government approvals, and licenses: and other Inspections that Buyer deems appropriate to determine the Property’s suitability for the Buyer’s intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk, Buyer may not enter into will indemnity and hold Seller harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorneys’ fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller’s prior written consent. If this transaction does not close, Buyer will, at Buyer’s expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Buyer’s determination of whether or not the Property is acceptable. Buyer’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer’s intended use in its “as is” condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study period ends and Buyer’s deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Agent receives proper authorization from all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. Buyer Purchaser is granted a license to enter upon the right Property to conduct such nondestructive engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions as Purchaser deems necessary or advisable and for reviewing and copying those of the Submission Matters noted as to be provided on-site (collectively, the “"Feasibility Study”") during the period (the “"Feasibility Period”"), which commenced on June 15, 2015) commencing on under the Effective Date terms of that certain Access and Due Diligence Agreement between the parties (the "Access Agreement")) and ending at 5:00 p.m., Central Time, on July 30, 2015. If this Contract remains in effect after expiration of the June 3Feasibility Period, 2010then Purchaser may continue the Feasibility Study until Closing. With Seller’s 's permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ two full Business Days advance written notice to any affected tenantsof the intended date of entry (which request may be via email without requirement for additional form of delivery and which permission, Buyer unless promptly denied in writing, shall be deemed granted), Purchaser or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Purchaser for the Feasibility Study. Buyer or its designated representative Purchaser must be accompanied by a Seller's manager for the Property or another designated representative of Seller (Xxxxx Xxxxxxxx), or have received Seller’s 's written permission prior to entering upon the Property in connection with Buyer’s Purchaser's Feasibility Study; provided, however, Buyer Purchaser may not enter into any space leased by any tenant without being accompanied by a Seller's manager for the Property or another designated representative of SellerSeller (Xxxxx Xxxxxxxx). Seller agrees to make its manager or other representative reasonably available during normal business hours. Buyer Purchaser will not alter the conduct physical condition of the Property or conduct invasive testing or testing involving sampling (including, without limitation, any environmental testing other than a Phase I study) without notifying Seller of its requested tests, and obtaining the written consent of Seller to Seller. Before conducting any test or investigation involving physical alteration disturbance, sampling or invasive testing of any portion of the Property Property, Purchaser shall provide Seller with a reasonably detailed testing plan outlining the tests Purchaser intends to perform. No such tests shall be conducted without Seller’s prior written approval of the testing plan and the specific test or invasive testinginvestigation, which approval may be via email from Seller’s designated representative without requirement for additional form of delivery of notice. Buyer Purchaser will utilize exercise commercially reasonable diligence efforts to conduct or cause to be conducted all inspections and tests in a manner and at times which that will not unreasonably interfere with any tenant’s 's use and occupancy of the Property. Purchaser shall comply with all federal, state and local laws, rules, regulations and ordinances which might in any way relate to the Feasibility Study. If Buyer Purchaser determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s Purchaser's intended use or purpose, or is not in satisfactory condition, or that Purchaser otherwise no longer desires to purchase the Property, then Buyer Purchaser may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option MoneyNonrefundable Deposit which will be paid to Seller) will be promptly returned to BuyerPurchaser, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to in the manner and within the time provided in this Section 5(a6(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s Purchaser's right to terminate this Contract pursuant to this Section 5(a6(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer Purchaser for all purposes. The Feasibility Study will be at Purchaser's expense. Purchase and Sale Agreement15233092_2 10 (b) Restoration of Property. Purchaser will, at its own expense, promptly repair any damage to the Property relating to or caused by the tests and inspections performed by Purchaser or any Purchaser Representative (defined below) under this Contract or the Access Agreement, free of any mechanic's or materialman's liens or other encumbrances arising out of any of the inspections or tests. Neither Purchaser nor any Purchaser Representative shall damage any part of the Property or any personal property owned or held by any tenant or third party. The obligations under this subparagraph shall survive for (a) three (3) months following any termination of this Contract with respect to any claim of Seller unrelated to a claim of a third party unaffiliated with Seller or Seller’s property manager, and (b) the applicable statute of limitations with respect to any claim of Seller relating to a claim made by a third party unaffiliated with Seller or Seller’s property manager; provided however that if Seller shall have provided written notice to Purchaser with reasonable detail of a specified claim for which Purchaser is responsible hereunder within the period provided in subsection (a) or (b), as applicable, then such period shall be extended until such claim is resolved.

Feasibility Study. Buyer will, at Buyer's expense and within 60 days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for residential development use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water and other utilities; consistency with local, state and regional growth management plans; availability of permits, government approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorneys' fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option Money) will be returned to Study Period of Buyer, and neither party shall have any further right 's determination of whether or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and is acceptable. Buyer's failure to provide at least 24-hours’ advance written comply with this notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study requirement will be deemed to have been waived by Buyer for all purposes.constitute

Feasibility Study. Buyer is granted Purchaser shall conduct at its sole cost and expense a feasibility study of the Real Property (the "Feasibility Study"), which study may include but shall not be limited to, (i) reviewing and approving the Phase I Report and all Property Documents required to be provided to Purchaser by Seller, and (ii) conducting such engineering and soils studies, environmental assessments, utilities investigations, wetlands investigations, if applicable, surveys and regulatory reviews, as Purchaser deems appropriate to the development of an assisted living facility consisting of at least one hundred (100) units consistent with the development plans of Purchaser (the "Facility"). Within One Hundred Eighty (180) days following the mutual execution of this Agreement (the "Feasibility Period"), Purchaser shall have approved or disapproved the results of said Feasibility Study. In the event Purchaser disapproves the Feasibility Study, or if Purchaser fails to timely notify Seller of Purchaser's approval or disapproval regarding the Feasibility Study (in which event Purchaser shall be conclusively deemed to have disapproved such Feasibility Study), Purchaser shall have the right to conduct engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Study; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hours. Buyer will not alter the physical condition of the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the written consent of Seller to any physical alteration of the Property or invasive testing. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to expiration Agreement, which right shall be exercised, if at all, within five (5) business days after the last day of the Feasibility Period. Upon such termination, in which case Purchaser shall be entitled to the Xxxxxxx return of its Initial Earnest Money (other than Deposit and the Option Money) will be returned to Buyer, and neither party shall have any parties shxxx xxxe no further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive terminationhereunder. If this Contract is not terminated pursuant Seller hereby grants to this Section 5(a)Purchaser and/or its agents, then after expiration consultants and contractors the right to enter the Real Property for the purpose of performing such tests, studies, assessments and investigations as Purchaser determines necessary in connection with its Feasibility Study of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Real Property; provided, however, Buyer may that the activities conducted by Purchaser and/or any of its agents, consultants or contractors shall not enter into any space leased by any tenant without being accompanied by a designated representative materially change or alter the character of Sellerthe Real Property. If this Contract is not timely terminated pursuant Seller further agrees to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections fully cooperate with respect to Purchaser concerning the components of the Feasibility Study will be deemed to have been waived by Buyer for all purposesStudy.

Feasibility Study. Buyer will, at Buyer's expense and within 60 days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for residential development use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water and other utilities; consistency with local, state and regional growth management plans; availability of permits, government approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorneys' fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study Period ends and Buyer's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Agent receives proper authorization from all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. Buyer is granted Purchaser shall have the right to conduct engineering and/or market and economic feasibility studies of the Real Property and a physical inspection of the Real Property, including studies or inspections to determine the existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Inspection Period”) commencing on the Effective Date and ending at 5:00 11:59 p.m., prevailing Central Time, on the June 3September 24, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner BuyerPurchaser’s examination of the Real Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer Purchaser or its designated agents may enter upon the Real Property during normal business hours for purposes of analysis or other tests and inspections which that may be deemed necessary by Buyer Purchaser for the Feasibility Study. Buyer or its designated representative Purchaser must be accompanied by a representative of NNP Residential, LLC (the ”Property Manager”), the property manager for the Real Property, or another designated representative of Seller or have received Seller’s written permission prior to entering upon the Real Property in connection with BuyerPurchaser’s Feasibility Study; provided, however, Buyer that Purchaser may not enter into any space leased by any tenant without being accompanied by a the Property Manager or another designated representative of Seller. Seller agrees to shall make its the Property Manager, Seller’s manager or another representative reasonably available during normal business hours. Buyer Purchaser will not alter the physical condition of the Real Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the written consent of Seller to any physical alteration of the Property or invasive testingReal Property. Buyer Purchaser will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which that will not unreasonably interfere with any tenant’s use and occupancy of the Real Property. If Buyer Purchaser determines, in its sole judgmentjudgment and for any or no reason whatsoever, that the Real Property is not suitable for any reason for BuyerPurchaser’s intended use or purpose, or is not in satisfactory condition, then Buyer Purchaser may terminate this Contract by written notice to Seller Agreement in accordance with Section 10.1(d) prior to expiration of the Feasibility Inspection Period, in which case the Xxxxxxx Money (other than the Option Money) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein Purchaser in accordance with respect to rights or obligations which survive terminationSection 10.4(a). If this Contract Agreement is not terminated pursuant to this Section 5(a)5.1, then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer Purchaser or its designated agents may enter upon the Real Property after expiration of the Inspection Period from time to time during normal business hours. Buyer or its designated representative must hours and upon advance notice to Seller (which notice may be accompanied by a designated representative oral) for the purpose of Seller or have received Seller’s written permission prior to entering upon inspecting the Propertycommon areas; provided, however, Buyer that Purchaser may not enter into any space leased by any tenant without Seller’s consent and without being accompanied by a Seller’s manager for the Real Property or another designated representative of Seller. If this Contract Agreement is not timely terminated pursuant to this Section 5(a)5.1, Buyerthen Purchaser’s right to terminate this Contract Agreement pursuant to this Section 5(a) 5.1 and any and all objections with in respect to of the Feasibility Study will be deemed to have been waived by Buyer Purchaser for all purposes.

Feasibility Study. Buyer Purchaser is granted a license to enter upon the right Property to conduct such nondestructive engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions as Purchaser deems necessary or advisable and for reviewing and copying those of the Submission Matters noted as to be provided on-site (collectively, the “"Feasibility Study”") during the period (the “"Feasibility Period”"), which commenced on June 15, 2015) commencing on under the Effective Date terms of that certain Access and Due Diligence Agreement between the parties (the "Access Agreement")) and ending at 5:00 p.m., Central Time, on July 30, 2015. If this Contract remains in effect after expiration of the June 3Feasibility Period, 2010then Purchaser may continue the Feasibility Study until Closing. With Seller’s 's permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ two full Business Days advance written notice to any affected tenantsof the intended date of entry (which request may be via email without requirement for additional form of delivery and which permission, Buyer unless promptly denied in writing, shall be deemed granted), Purchaser or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Purchaser for the Feasibility Study. Buyer or its designated representative Purchaser must be accompanied by a Seller's manager for the Property or another designated representative of Seller (Xxxxx Xxxxxxxx), or have received Seller’s 's written permission prior to entering upon the Property in connection with Buyer’s Purchaser's Feasibility Study; provided, however, Buyer Purchaser may not enter into any space leased by any tenant without being accompanied by a Seller's manager for the Property or another designated representative of SellerSeller (Xxxxx Xxxxxxxx). Seller agrees to make its manager or other representative reasonably available during normal business hours. Buyer Purchaser will not alter the conduct physical condition of the Property or conduct invasive testing or testing involving sampling (including, without limitation, any environmental testing other than a Phase I study) without notifying Seller of its requested tests, and obtaining the written consent of Seller to Seller. Before conducting any test or investigation involving physical alteration disturbance, sampling or invasive testing of any portion of the Property Property, Purchaser shall provide Seller with a reasonably detailed testing plan outlining the tests Purchaser intends to perform. No such tests shall be conducted without Seller’s prior written approval of the testing plan and the specific test or invasive testinginvestigation, which approval may be via email from Seller’s designated representative without requirement for additional form of delivery of notice. Buyer Purchaser will utilize exercise commercially reasonable diligence efforts to conduct or cause to be conducted all inspections and tests in a manner and at times which that will not unreasonably interfere with any tenant’s 's use and occupancy of the Property. Purchaser shall comply with all federal, state and local laws, rules, regulations and ordinances which might in any way relate to the Feasibility Study. If Buyer Purchaser determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s Purchaser's intended use or purpose, or is not in satisfactory condition, or that Purchaser otherwise no longer desires to purchase the Property, then Buyer Purchaser may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option MoneyNonrefundable Deposit which will be paid to Seller) will be promptly returned to BuyerPurchaser, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to in the manner and within the time provided in this Section 5(a6(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s Purchaser's right to terminate this Contract pursuant to this Section 5(a6(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer Purchaser for all purposes.. The Feasibility Study will be at Purchaser's expense. Purchase and Sale Agreement15233079_2 10

Feasibility Study. Buyer Purchaser is granted a license to enter upon the right Property to conduct such nondestructive engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions as Purchaser deems necessary or advisable and for reviewing and copying those of the Submission Matters noted as to be provided on-site (collectively, the “"Feasibility Study”") during the period (the “"Feasibility Period”"), which commenced on June 15, 2015) commencing on under the Effective Date terms of that certain Access and Due Diligence Agreement between the parties (the "Access Agreement")) and ending at 5:00 p.m., Central Time, on July 30, 2015. If this Contract remains in effect after expiration of the June 3Feasibility Period, 2010then Purchaser may continue the Feasibility Study until Closing. With Seller’s 's permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ two full Business Days advance written notice to any affected tenantsof the intended date of entry (which request may be via email without requirement for additional form of delivery and which permission, Buyer unless promptly denied in writing, shall be deemed granted), Purchaser or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Purchaser for the Feasibility Study. Buyer or its designated representative Purchaser must be accompanied by a Seller's manager for the Property or another designated representative of Seller (Xxxxx Xxxxxxxx), or have received Seller’s 's written permission prior to entering upon the Property in connection with Buyer’s Purchaser's Feasibility Study; provided, however, Buyer Purchaser may not enter into any space leased by any tenant without being accompanied by a Seller's manager for the Property or another designated representative of SellerSeller (Xxxxx Xxxxxxxx). Seller agrees to make its manager or other representative reasonably available during normal business hours. Buyer Purchaser will not alter the conduct physical condition of the Property or conduct invasive testing or testing involving sampling (including, without limitation, any environmental testing other than a Phase I study) without notifying Seller of its requested tests, and obtaining the written consent of Seller to Seller. Before conducting any test or investigation involving physical alteration disturbance, sampling Purchase and Sale Agreement15233083_2 9 or invasive testing of any portion of the Property Property, Purchaser shall provide Seller with a reasonably detailed testing plan outlining the tests Purchaser intends to perform. No such tests shall be conducted without Seller’s prior written approval of the testing plan and the specific test or invasive testinginvestigation, which approval may be via email from Seller’s designated representative without requirement for additional form of delivery of notice. Buyer Purchaser will utilize exercise commercially reasonable diligence efforts to conduct or cause to be conducted all inspections and tests in a manner and at times which that will not unreasonably interfere with any tenant’s 's use and occupancy of the Property. Purchaser shall comply with all federal, state and local laws, rules, regulations and ordinances which might in any way relate to the Feasibility Study. If Buyer Purchaser determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s Purchaser's intended use or purpose, or is not in satisfactory condition, or that Purchaser otherwise no longer desires to purchase the Property, then Buyer Purchaser may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option MoneyNonrefundable Deposit which will be paid to Seller) will be promptly returned to BuyerPurchaser, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to in the manner and within the time provided in this Section 5(a6(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s Purchaser's right to terminate this Contract pursuant to this Section 5(a6(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer Purchaser for all purposes. The Feasibility Study will be at Purchaser's expense.

Feasibility Study. Buyer BUYER will, at BUYER’s expense and within days from Effective Date (“Feasibility Study Period”), determine whether the Property is granted suitable, in BUYER’s sole and absolute discretion, for use. During the Feasibility Study Period, BUYER may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations (“Inspections”) that BUYER deems necessary to determine to BUYER’s sole satisfaction the Property’s engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; consistent with local, state and regional growth management plans; availability of permits, government approvals, and licenses; and other Inspections that BUYER deems appropriate to determine the Property’s suitability for the BUYER’s intended use. SELLER does not authorize BUYER to have the Property rezoned. XXXXXX agrees to cooperate with BUYER to have the Property rezoned to a zoning classification acceptable to both parties. If the parties can not agree upon an acceptable zoning classification, than either party may terminate this Agreement and BUYER’s Deposit(s) will be returned. If SELLER agrees that Property must be rezoned BUYER will obtain the rezoning from the appropriate government agencies. SELLER will sign all documents BUYER is required to file in connection with the development or rezoning approvals. SELLER will not be responsible for any fees or costs incurred in connection with the actions undertaken by the BUYER. SELLER gives BUYER, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting Inspections; provided, however, Buyer may not that BUYER, its agents, contractors and assigns enter into the Property and conduct Inspections at their own risk. BUYER will indemnify and hold SELLER harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorneys’ fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by any tenant without being accompanied by a designated representative of SellerBUYER. Seller agrees to make its representative reasonably available during normal business hours. Buyer BUYER will not alter engage in any activity that could result in a construction lien being filed against the physical Property without SELLER’s prior written consent. If this transaction does not close, BUYER will, at BUYER’s expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of Seller (2) release to any physical alteration SELLER all reports and other work generated as a result of the Property or invasive testingInspections. Buyer XXXXX will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller SELLER prior to the expiration of the Feasibility PeriodStudy Period of BUYER’s determination of whether or not the Property is acceptable. XXXXX’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for BUYER’s intended use in it’s “As Is” condition. If the Property is unacceptable to BUYER and written notice of this fact is timely delivered to SELLER, in which case this Agreement will be deemed terminated as of the Xxxxxxx Money (other than date of the Option MoneyBUYER’s notice and BUYER’s Deposit(s) will be returned to Buyer, and neither party returned. This provision shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesclosing.

Feasibility Study. Buyer Purchaser is granted a license to enter upon the right Property to conduct such nondestructive engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions as Purchaser deems necessary or advisable and for reviewing and copying those of the Submission Matters noted as to be provided on-site (collectively, the “"Feasibility Study”") during the period (the “"Feasibility Period”"), which commenced on June 15, 2015) commencing on under the Effective Date terms of that certain Access and Due Diligence Agreement between the parties (the "Access Agreement")) and ending at 5:00 p.m., Central Time, on July 30, 2015. If this Contract remains in effect after expiration of the June 3Feasibility Period, 2010then Purchaser may continue the Feasibility Study until Closing. With Seller’s 's permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ two full Business Days advance written notice to any affected tenantsof the intended date of entry (which request may be via email without requirement for additional form of delivery and which permission, Buyer unless promptly denied in writing, shall be deemed granted), Purchaser or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Purchaser for the Feasibility Study. Buyer or its designated representative Purchaser must be accompanied by a Seller's manager for the Property or another designated representative of Seller (Xxxxx Xxxxxxxx), or have received Seller’s 's written permission prior to entering upon the Property in connection with Buyer’s Purchaser's Feasibility Study; provided, however, Buyer Purchaser may not enter into any space leased by any tenant without being accompanied by a Seller's manager for the Property or another designated representative of SellerSeller (Xxxxx Xxxxxxxx). Seller agrees to make its manager or other representative reasonably available during normal business hours. Buyer Purchaser will not alter the conduct physical condition of the Property or conduct invasive testing or testing involving sampling (including, without limitation, any environmental testing other than a Phase I study) without notifying Seller of its requested tests, and obtaining the written consent of Seller to Seller. Before conducting any test or investigation involving physical alteration disturbance, sampling Purchase and Sale Agreement 15233094_2 9 or invasive testing of any portion of the Property Property, Purchaser shall provide Seller with a reasonably detailed testing plan outlining the tests Purchaser intends to perform. No such tests shall be conducted without Seller’s prior written approval of the testing plan and the specific test or invasive testinginvestigation, which approval may be via email from Seller’s designated representative without requirement for additional form of delivery of notice. Buyer Purchaser will utilize exercise commercially reasonable diligence efforts to conduct or cause to be conducted all inspections and tests in a manner and at times which that will not unreasonably interfere with any tenant’s 's use and occupancy of the Property. Purchaser shall comply with all federal, state and local laws, rules, regulations and ordinances which might in any way relate to the Feasibility Study. If Buyer Purchaser determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s Purchaser's intended use or purpose, or is not in satisfactory condition, or that Purchaser otherwise no longer desires to purchase the Property, then Buyer Purchaser may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option MoneyNonrefundable Deposit which will be paid to Seller) will be promptly returned to BuyerPurchaser, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to in the manner and within the time provided in this Section 5(a6(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s Purchaser's right to terminate this Contract pursuant to this Section 5(a6(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer Purchaser for all purposes. The Feasibility Study will be at Purchaser's expense.