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hereof. For purposes of this Agreement,material damage shall mean any damage or loss which would(a) cost in excess of Seventy-Five Dollars($75,000)to repair or restore,as determined in good faith by Seller and Buyer,or(b)require more than ninety (90) days to repair or restore,as determined in good faith by Seller and Buyer, If Buyer elects to accept the Property in its then condition, all proceeds of insurance or condemnation awards paid or payable to Seller by reason of such damage or condemnation shall be paid or assigned to Buyer and there shall not be any reduction or abatement of the Purchase Price. 9.2. Non-Material.Damage or Condemnation. In the event of non- material damage to the Property, which damage Seller is unwilling to repair or replace, or if condemnation proceedings are commenced against the Property which would reduce the total square footage of the Property by ten percent (10%) or less,Buyer shall proceed with the purchase, and Buyer shall be entitled to (i) a reduction of the Purchase Price to the extent of the cost of repairing or replacing such damage,as determined by a licensed general contractor selected by Buyer and reasonably acceptable to Seller,or(ii)any condemnation awards paid or payable to Seller by reason of such condemnation,,as the case may be. Any proceeds of insurance payable to Seller by reason of such damage shall belong to Seller. 9.3, Risk"of Loss. Except as otherwise provided in this Article 1X, any risk of loss to the Property shall be bome by Seller until title has been conveyed to Buyer. ART LE X MISCELLANEOUS 10.1. Notices. Any notice required or permitted to be given under. this Agreement shall be in writing, deemed delivered on the date received, when sent by(a) a recognized private courier company, (b)united States registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to Seller: Rose Cal LLC Gio Blair White, Attorney at Law 3600 Carol Kennedy Drive 5 1 33o3/Cn 16