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performing surveying,boring, engineering,environmental, topographical,.percolation. <br /> soil and any other work, studies or tests that Buyer deems necessary <br /> Seller shall, within three(3)business days after the full execution <br /> of this Agreement, deliver to Buyer the following: (1).all leases affecting the Property, <br /> including without Iimitation the American Lease and the West Coast Lease; (2)real <br /> estate tax bills,notices of assessments and information and documentation regarding any <br /> assessment protest concerning the Property; (3)title policies and surveys of the Property; <br /> (4)all contracts to which Seller is apart affecting the Property(the"Service Contracts"); <br /> (5)all licenses or permits necessary for the ownership or operation of the Property; (6) all <br /> operating statements for the Property for the last three years; (7)a summary of all legal <br /> proceedings over the previous five(5) years related to the Property, including without <br /> limitation the proceeding described in Section 7.3 hereof; (8)the documents required to <br /> be delivered pursuant to Section 3.4;and(9)all other items reasonably requested by <br /> Purchaser prior to the Feasibility Date(collectively the "Due Diligence Items"), in each <br /> case to the extent such reports and information are in the possession or control of Seller. <br /> 5.3. Feasibility Date. <br /> (a). If Buyer is not satisfied with the condition of the Property, <br /> Buyer shall have the right, iii its sole and absolute discretion, on or before the Feasibility <br /> Date,to terminate this Agreement on written notice to Seller. Failure by Buyer to notify <br /> Seller on or prior to the Feasibility Date that Buyer is terminating this Agreement shall be <br /> deemed approval of the condition of the Property by Buyer and waiver of Buyer's right to <br /> terminate this Agreement pursuant this Section 5.3, After the Feasibility Date. unless <br /> extended by mutual written agreement of the parties, Buyer shall be obligated to purchase <br /> the Property. <br /> (b).In the event Buyer elects to terminate this Agreement <br /> Pursuant to this Section 5.3, the deposit(see Section 2.4) paid by Buyer, including any <br /> accrued interest thereon, shall be immediately paid to Buyer by Escrow Holden,.and, <br /> except as otherwise expressly provided in this Agreement,neither party shall have any <br /> further rights or obligations under this Agreement. <br /> 515303/C!2 9 <br />