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JUL-18-1997 12: 14 FROM 7 ELEUEN SERUICE CTR TO E703991 P.02 <br /> (b) Right of Inspection. For sixty (60) days from the effective date of <br /> this merit ("Review Period"), BUYER and its representatives shall have the <br /> right to (i) enter upon the Property to conduct investigations, at its sole cost and <br /> expense, to conduct soil tests, soil logs, percolation tests, environmental tests <br /> and other inspections, tests and surveys concerning hazardous materials, <br /> wetlands, American Disabilities Act Compliance; a study of the availability of <br /> utilities, drainage, access, and sewer facilities, and other conditions affecting the <br /> suitability of the Property for BUYER's intended use and ii) to review all <br /> information supplied by SELLER pursuant to 7(a) above. If in BUYER's sole <br /> judgment, the results of(i) or (ii) indicate that the Property is not suitable for the <br /> BUYER's intended use, BUYER may, prior to the expiration of the Review Period, <br /> terminate this Agreement by providing SELLER with a written notice of <br /> termination. Upon SELLER's receipt of the notice of termination, this Agreement <br /> shall be deemed null and void with neither party having any further rights, <br /> obligations or liabilities hereunder. <br /> (c) Zoning, Permits and Licenses. BUYER shall have one hundred and <br /> twenty (120) days (the "Permitting Period") from the date of execution of this <br /> /agreement to apply for and obtain all necessary building permits, zoning, and <br /> licenses necessary for BUYER's intended use. BUYER shall make a formal <br /> application for all necessary permits, zoning, and licenses within the first seventy <br /> (70) days of the Permitting Period. If allowed, BUYER will concurrently apply for <br /> the building permit. if the building permit cannot be applied for concurrently, <br /> BUYER shall apply for it within five (5) working days of the issuance of the use <br /> permit. BUYER shall diligently initiate and pursue those application processes, at <br /> BUYER's sole cost and expense. BUYER may, at any time prior to the expiration <br /> of the Permitting Period, receive a forty-five (45) day extension by payment to <br /> SELLER of the First Extension Fee. The payment of the First Extentsion Fee <br /> shall be non-refundable and applicable toward the Purchase Price. BUYER may <br /> receive an additional forty-five (45) day extension to the Permitting Period by <br /> payment to SELLER of the Second Extention Fee for the second extension <br /> period which shall be non-refundable and applicable toward the Purchase Price_ <br /> If BUYER is unable to obtain the necessary permits, zoning and licenses within <br /> the Permitting Period and any extensions thereof through no fault of BUYER, <br /> then BUYER may elect to either (i) waive the contingency by notifying SELLER in <br /> writing prior to the expiration of the Permitting Period or any extensions, and <br /> proceed to Closing as provided elsewhere in this Agreement, or (ii) terminate this <br /> Agreement by providing SELLER with a written notice of termination. Upon <br /> SELLER's receipt of the notice of termination, this Agreement shall be deemed <br /> null and void with neither party having any further rights, obligations or liabilities <br /> hereunder. <br /> (d) SELLER's Repair Obligation. Seller shall not have any obligation to <br /> make any repairs to the Property. <br /> (e) BUYER's PaYment/Repair Obligations. BUYER shall be wholly <br /> responsible for the payment of all fees, costs or other charges assessed by or to <br />