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5 <br />Property subject to those exceptions with such exceptions deemed Permitted Exceptions. If <br />Buyer elects to terminate this Agreement under this subsection, the escrow will be terminated, <br />the Deposit shall be returned immediately to Buyer, all documents and other funds will be <br />returned to the Party who deposited them, and (if this Agreement or a memorandum hereof was <br />recorded) a notice of termination shall be recorded, after which all rights and obligations of Seller <br />and Buyer under this Agreement shall terminate and be of no further force or effect. <br />(d) Surveys. Seller shall provide to Buyer and Title Company any survey of the <br />Property in Seller’s possession or control. If the Buyer chooses to obtain an extended coverage <br />policy and a new survey is required, the Buyer may obtain such survey at Buyer’s expense. <br />(e) Title Not Insurable. If title is not insurable at Closing subject only to the <br />Permitted Exceptions determined in accordance with this Agreement, Buyer may (i) elect to <br />proceed to Closing despite such non-insurability, thereby accepting any such matters as <br />Permitted Exceptions, or (ii) terminate this Agreement and receive a refund of the Deposit. <br />(f) Title Policy. Seller shall cause Title Company at Seller’s expense to issue to <br />Buyer at closing a standard owner’s policy of title insurance insuring Buyer’s title to the Real <br />Property in the full amount of the Purchase Price, subject only to the Permitted Exceptions (the <br />“Title Policy”). The Title Policy must be dated as of the closing date. If Buyer requires an <br />extended coverage title insurance policy, then the term “Title Policy” in this Agreement shall refer <br />to such extended policy and Buyer will pay the additional premium for an extended policy as set <br />forth in Section 8 below. <br />7. BUYER’S CONTINGENCIES/SELLER’S CONTINGENCIES. <br />(a) Feasibility Materials. Within ten (10) business days after the Effective <br />Date, Seller shall deliver to Buyer or make available for inspection the following documents to <br />the extent in Seller’s possession or control (the “Feasibility Materials”): <br />i. all reports or other materials related to the physical condition of <br />the Property, including without limitation report related to <br />hazardous materials investigations, engineering reports, soils <br />reports, or environmental assessment with respect to the Real <br />Property; <br />ii. any appraisals related to the Real Property; <br />iii. all existing and proposed easements, covenants, licenses, <br />restrictions or access rights affecting the Real Property; <br />iv. all surveys relating to the Real Property; <br />v. all leases, service contracts, repair contracts, service contracts, <br />maintenance contracts, or equipment leases relating to the <br />Property; <br />vi. all notices regarding any existing or threatened litigation affecting <br />the Property; and