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<br />MBT Draft 8-31-00 <br /> <br />facsimile to the Seller at the fax number set forth below within the time period stated, with <br />a copy sent as provided in paragraph 12 of this Contract. Upon delivery of notice of <br />termination, neither party will have any further rights, liabilities or obligations under this <br />Contract. For so long as this Contract is in effect, the Buyer, its agents, employees and <br />representatives may enter upon the Property for the purpose of inspecting the Property and <br />conducting soil, subsoil and such other tests as may be reasonably required by the Buyer. The <br />Seller agrees to cooperate with the Buyer in allowing the Buyer, its agents, representatives, <br />employees and persons with whom it contracts to have access to the Property for the purpose <br />of conducting such studies or investigations, upon reasonable notice to the Seller. In the <br />event that the Buyer does not receive the Commitment, copies of exceptions to the <br />Commitment or the Survey within the time specified herein, the Buyer shall receive an <br />extension of the Review Period of one day for each day any of those documents are past due. <br /> <br />The Seller further agrees to make available to the Buyer within a reasonable period of time <br />after the Effective Date, but prior to termination of the Review Period, and to allow the <br />Buyer, its employees, authorized agents or representatives, to inspect and make copies of all <br />assessments (special or otherwise), ad valorem and personal property tax bills, statements, <br />notices and correspondence from governmental entities with respect to the Property, surveys, <br />appraisals, repair records, bills, operations and maintenance plans, environmental reports, <br />asbestos surveys, and all books, records, files, reports, and all other documents and related <br />items in anyway pertaining to the Property, (collectively, the "Documents"), which are in the <br />Seller's possession or readily available to the Seller. The Seller will conspicuously mark any <br />and all of the Documents which are proprietary and confidential in nature. To the extent it <br />is permitted to do so under applicable law, the Buyer agrees not to disclose the Documents, <br />or any of the provisions, terms or conditions thereof, to any party other than those individuals <br />within the Buyer's organization and the Buyer's agents and representatives. To the extent it <br />is permitted to do so under applicable law, the Buyer shall return all of the Documents <br />marked proprietary and confidential to the Seller if this Contract terminates and the Buyer <br />does not purchase the Property. <br /> <br />5. SURVEY AND TITLE COMMITMENT. <br /> <br />A. Survey. <br /> <br />The will deliver to the and the Title Company a copy of a current on- <br />the-ground survey (the IISurveyll) of the Property made by a licensed surveyor in a <br />form acceptable to the and the Title Company before the expiration of the <br />Review Period, at the expense. If the survey exception to the title policy <br />(except as to shortages in is to be deleted, the additional expense for the <br />deletion will be paid by the The Survey will include: <br /> <br />1. the actual boundaries and dimensions of the Property; <br /> <br />-2- <br />