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5 <br /> memorandum hereof was recorded) a notice of termination shall be recorded, after <br /> which all rights and obligations of Seller and Buyer under this Agreement shall terminate <br /> and be of no further force or effect. <br /> Permitted Exceptions: Buyer shall not be required to close if any exception <br /> objected to by Buyer is not removed by the closing date; provided, however, that Buyer <br /> may elect to waive any such exceptions and close on the remaining terms. <br /> Easement: An easement, substantially in the form of Exhibit E,for the purpose <br /> of access to the adjacent parcel which is owned byLakeshore Investment Corporation, a <br /> Washington corporation, shall be recorded through escrow immediately prior to the <br /> Buyer's taking title to the Property. Said easement shall be a Permitted Exception. <br /> 7. Conditions to Closing. <br /> 7.1 Buyer's contingencies. <br /> Buyer shall have the right to inspect the Property, review and approve any surveys, <br /> studies, and any due diligence materials provided by Seller as Buyer deems necessary <br /> ("Buyer's Inspection"). Seller will provide Buyer with access to the Property (including <br /> reasonable access to space leased to third parties) for such purposes. Buyer's <br /> Inspection shall be at Buyer's sole cost and expense. Buyer agrees that Buyer will <br /> (i) not unreasonably interfere with or disturb any of the tenants, and (ii) repair any <br /> physical damage to the Property caused by Buyer's Inspection. <br /> 7.2 Delivery of Seller's Information. Within five (5) days after the <br /> date of mutual acceptance hereof, Seller shall deliver to Buyer the following <br /> documents, if any, in Seller's possession or control: <br /> a) copies, if any, of engineering reports, architectural reports, soils reports and <br /> environmental reports concerning the Property, including, but not limited to Phase I or <br /> Phase II reports, or reports of hazardous materials investigations; <br /> b) copies of any and all easements, covenants, conditions, restrictions which relate to <br /> or affect operation or ownership of the Property; <br /> c) copies of any and all surveys relating to the Property if any; <br /> d) copies of any and all written agreements, contracts, warranties, correspondence, <br /> leases, and other documents which relate to or affect operation or ownership of the <br /> Property; <br /> e) any and all notices of any violation of an ordinance, rule, law, regulation or order of <br /> any government or public agency that concern the Property; <br /> f) any and all notices regarding any existing or threatened litigation affecting the <br /> Property; 3 <br /> {Client Files\14653\S574091.DOC} <br />