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<br />lien resulting therefrom. Such indemnification shall survive the Closing or earlier termination of
<br />this Agreement.
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<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 Propeliy 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 provided Buyer with the Parking Agreement and a recorded restrictive covenant.
<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 />Inforn1ation 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 repOlis and studies (including, without
<br />limitation, all environmental assessments) prepared by, for or on behalf of Buyer with respect to
<br />the Propeliy. 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.
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<br />5. Evidence of Title.
<br />
<br />5.1 Delivery of Title Commitment. Within thirty (30) 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 />possession more particularly described below in this Paragraph, Buyer shall obtain a Title
<br />Commitment, at Buyer's cost, and shall deliver a copy of the Title Commitment to Seller's
<br />attorney within three (3) days of receipt. Within five (5) business days of execution of this
<br />Agreement by Seller, Seller shall be obligated to provide to Buyer a copy of the deed in its
<br />possession that conveyed title to the subject real property to Seller.
<br />
<br />5.2 Marketable Title. Seller shall convey marketable title to the Property,
<br />subject to the Permitted Exceptions. Marketable Title shall be determined according to the Title
<br />Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have
<br />fifteen (15) days from the date of receiving the Title Commitment to examine same. If title is
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<br />Crescent Heights XLIV, Inc. #2
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