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<br />appraisals shall be a condition to the performance of Buyer's obligations under this Agreement
<br />nor entitle Buyer to receive a refund of all or any portion of the Option Fee or the Deposit.
<br />
<br />4.5 Inspection Procedures and Indemnity. Buyer shall give Seller reasonable
<br />advance notice of Buyer's inspections of the Property so that Seller, at its option, may have one
<br />of its representatives familiar with the Property accompany Buyer. Buyer agrees that reasonable
<br />precautions shall be taken in connection with such inspections so as to avoid any damage to the
<br />Property and to minimize any disruption to the parties in possession of the Property. Buyer shall
<br />indemnify, protect, defend and hold Seller and its personal representatives harmless from and
<br />against any claims, losses, liabilities or damages resulting from such inspections and from and
<br />against any mechanic's liens or claims of lien resulting therefrom. Such indemnification shall
<br />survive the Closing or earlier termination of this Agreement.
<br />
<br />4.6 Seller's Documents. Seller shall make available to Buyer no later than
<br />twenty (20) days following the Effective Date of this Agreement, copies of all documents (other
<br />than appraisals) which Seller may have in its possession pertaining to the Property including, but
<br />not limited to, building plans, architectural plans, building permits, impact fee assessments,
<br />notices of special assessments, notices of sewer fees and water fees, unrecorded restrictive
<br />covenants, variance application/approvals, special exception application/approvals, engineering
<br />plans, unrecorded developer agreements, environmental reports, surveys and prior title insurance
<br />policies, title commitments, and title exceptions pertaining thereto, if any. Buyer acknowledges
<br />that Seller has informed Buyer that Seller has few, if any, of such documents.
<br />
<br />4.7 Confidentiality. Prior to the Closing Date (and at all times if this
<br />Agreement shall be terminated for any reason), Buyer shall keep confidential all financial,
<br />environmental and other information pertaining to the Property that is not recorded in the public
<br />records (including, without limitation, any summaries or descriptions of such information
<br />prepared by Buyer or its Representatives) (collectively, the "Confidential Information") and shall
<br />not disclose any of such Confidential Information to any person or entity, except that Buyer may
<br />disclose the Confidential Information (i) as and to the extent required by applicable law,
<br />regulation or legal process and (ii) to Buyer's directors, officers, employees, agents, attorneys
<br />and consultants (collectively, the "Representatives") who need to know the Confidential
<br />Information for the purpose of evaluating the potential purchase of the Property by Buyer. Buyer
<br />agrees that the Confidential Information will be used solely for the purpose of evaluating the
<br />potential purchase of the Property by Buyer. In the event that this Agreement shall be terminated
<br />for any reason, Buyer shall provide to Seller copies of all reports and studies (including, without
<br />limitation, all environmental assessments) prepared by, for or on behalf of Buyer with respect to
<br />the Property. Buyer hereby agrees to indemnify and hold Seller and its personal representatives
<br />harmless from and against any and all reasonable costs, expenses, liabilities and damages,
<br />including, without limitation, reasonable attorneys' fees and disbursements at the trial level and
<br />on one or more appeals, incurred by reason of any breach by Buyer of any of its agreements
<br />contained in this Section 4.7.
<br />
<br />5. Evidence of Title.
<br />
<br />5.1 Delivery of Title Commitment. Within twenty (20) calendar days of the
<br />Effective Date, and subsequent to receipt of a copy of the prior deed to the Property in Seller's
<br />
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