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102-01-00;08:48AM; is <br /> ENGEO TRACY # 5/ 7 <br /> "Review Period" set forth in section 5 below to elect to either terminate this transaction without <br /> liability, including the return of the Initial Deposit held by Escrow Bolder to Buyer,or to take the <br /> Property subject to such exception or exceptions. In the event Buyer fails to timely give Seller <br /> Notice of Dissatisfaction as provided in section 5(e) below such failure shall constitute Buyer's <br /> election to accept the Property subject to the disapproved exceptions and to consummate the <br /> purchase of the Property as- -'--- ••ca a ti _ : �` '" ` -a ��mything in this Agreement <br /> to the contrary it is expres. Property at the Close of <br /> Escrow free and clear of� redness or other financial <br /> encumbrances save and ex. ' tssessmcnt which shall be <br /> prorated as of the Close of <br /> 5. Due Diliger C <br /> I <br /> a. Inve .lowing the Effective Date <br /> (the "Review Peric d review of the Property, <br /> including,but not Ii ty,environmental matters, <br /> title matters,goven / ny other matters affecting <br /> Buyer's anticipated <br /> b. Sur% sole cost and expense, is <br /> expressly authorize )erty(2)an environmental <br /> study of the Property and/or (i)'a survey of the Property. <br /> ( <br /> C. Access. Seller hereby grants to Buyer and its employees, representatives, <br /> agents, affiliates and independent contractors (such parties being collectively referred to <br /> herein as the"Buyer's Parties')a nonexclusive license to enter upon the Property during the <br /> Option Term and prior to the Close of Escrow for the purpose of conducting studies, <br /> physical examinations, surveys and tests of the Property. Buyer hereby indemnifies and <br /> agrees to defend and hold harmless Seller from and against any and all damages, losses, <br /> expenses and liabilities, resulting from the activities of the Buyer: Notwithstanding the <br /> foregoing, the mere discovery by Buyer or by Buyer's Parties of any matters during the <br /> course of Buyer's investigation which may adversely affect the Property shall not be deemed <br /> to give rise to any liability or obligation of indemnification by Buyer to the Seller. The <br /> Buyer's indemnification of Seller shall continue in effect even if the parties do not close <br /> escrow. <br /> d. Processing. From the Effective Date and through the Close of Escrow,Buyer, <br /> at its sole cost and expense, shall have the right to process: annexatious, general and/or <br /> specific plan amendments, zoning changes,parcel and/or subdivision maps, development <br /> agreements and such other applications or permits for entitlements as may be desirable or <br /> necessary for the Buyer's proposed use of the Property (the Entitlements). Buyer shall <br /> periodically advise Seller of the status of any such processing it performs. Seller shall,atno <br /> cost or expense to Seller,cooperate with and assist Buyer in the processing of such items, <br /> and to the extent reasonably necessary execute such applications and other documents. If <br /> ( requested, Seller agrees to execute an agency agreement authorizing Buyer to process all <br /> such Entitlements. <br /> 4 <br />