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4-25-05; 2: 11PM; . •:20e eel 9565 which Buyer may approve or disapprove any exceptions to 1 u therewith.. In the event Buyer fails to notify Seller within tl shall not constitute a waiver of Buyer's rights to disapprov, Report, but rather, shall put Seller on notice that Buyer ) o documents provided as part Of the Preliminary Report- 1 shall have ten (XO) days to notify Buyer whether Seller reflected in the documents to be removed from title on of Seller fails to notify Buyer that it has elected to cute any t <rJ? Seller's election not to cure such objection. if Seller elm Buyer shall have through the Review Period within whirl without liability,including the return of the Deposit to Bf exceptions or documents. Notwithstanding the foregoing. Seller 9 Property free and clear of all monetary liens or eacumbrn.,— _-- for the lien of current taxes and assessments,if any,which shall be prorated as provided in Section 8 below. section 6. pie Diligence hr sVjarioa., (a.)- v i ation. For a period of sixty (60) days after the Effective Date (the "Review Period"),Buyer may conduct an investigation and review of the Property,including, but not limited to,the physical condition or state of the Property,environmental matters,title matters,governmental regulatory or land use matters,and any other matters affecting Bu YU or Buyer's anticipated use and ownership of the Property. Within three (3) days of the execution of this Agreement, Seller shall (to the extent Seller either has in its poeaassion, control or reasonably has available to Seller)deliver to Buyer copies of each of the items set forth in Exhibit"C"attached hereto together with any Other reports or other documents which relate or pertain to the Property. Seller provides all such items and reports without warranty as to accuracy or completeness. - Survey T� s sial O hrr Renorss: Buyer, at its sole cost and expense, may (b•)- p Environmental obtain(1)a current soils study of the Property by a licensed Company, (2) study of the property by a properly licensed Company,and(3)a survey of the Propert. (c.). Acc s . Seller hereby grants to Bayer and its employees, representatives, agents affiliates and independent contractors (Buyer and such patties being collectively referred to herein as the`Buyer's Parties")a nonexclusive license to enter•upon the Property during a nonexclusive license to enter upon the Property during Farrow for the purpose of conducting studies,physical examinations,surveys and tests of the Property. Guyer shall not disturb or remove any existing improvements on the Property in the course of Buyer s investigations. Buyer hereby indclunifies and agrees to defend, e p�hold liabilities,harmesg ella resulting the property from and against any and all damag from the activities ofthc Buyer'a Parties. Notwithstanding the foregoing.the mere discovery by Buyer's Parties of any matters during the course of Buyer's investigation which may `-� adversely affect the pri pay shall not be deemed to give,nst to any liability or obligation Of 3 Z0 30Vd NVONna 9L909£863Z b0:9t Soot/5Z/40