Laserfiche WebLink
9 <br /> the Property, and to evaluate and approve the feasibility of the Property for Buyer's <br /> intended purposes. Buyer may terminate this Agreement for any reason and for no <br /> reason by delivering written notice of such termination ("Buyer's Termination <br /> Notice") to Seller at any time prior to expiration of the Inspection Period, in which <br /> event, the Earnest Money shall be immediately returned to Buyer and the parties shall <br /> have no further obligations hereunder other than those obligations that expressly survive <br /> by their terms, and Buyer shall return to Seller all materials delivered by Seller to Buyer <br /> pursuant to this Article IV. If Buyer fails to deliver Buyer's Termination Notice prior to <br /> expiration of the Inspection Period, then subject to Buyer's rights under Section 3.1 <br /> above, with respect to any New Defects, the Inspection Period contingency shall be <br /> deemed to be satisfied, the Earnest Money shall become non-refundable (except as <br /> otherwise specifically provided in this Agreement), this Agreement shall remain in full <br /> force and effect and the Closing shall occur in accordance with the terms contained <br /> herein. <br /> 4.3 Access and Indemnity. During the Inspection Period, Buyer (and its <br /> consultants, surveyors, agents, and employees) at Buyer's sole expense, may enter upon <br /> the Property in order to, among other things, inspect the physical condition of the <br /> Property, verify to its satisfaction the information provided to it and conduct any <br /> environmental or other inspections, sampling, surveys and studies as it deems <br /> appropriate. Buyer shall indemnify, defend and hold Seller harmless from any and all <br /> damages, claims, liens, causes of action that arise out of or are in any way related to <br /> Buyer's activities on the Property prior to Closing, including, without limitation, <br /> Seller's costs, expenses and attorneys' fees, except to the extent caused or contributed <br /> to by the negligence or willful misconduct of Seller and except to the extent that any <br /> such damages, claims, liens, causes of action results from, arises out of, or is in <br /> connection with any Hazardous Substances (as defined below) at, on, under, over, <br /> emanating from or migrating to the Property unless such Hazardous Substances were <br /> released by Buyer or Buyer's contractors or agents. Notwithstanding anything to the <br /> contrary contained in this Agreement, this indemnity shall survive the termination, <br /> expiration and consummation of this Agreement. <br /> 4.4 Demolition. Prior to Closing, Seller shall demolish all existing above <br /> ground improvements on the Property and remove all personal property (including,for <br /> example, all demolition debris and logs)from the Property,as described in Exhibit C <br /> (the"Demolition Work"). For purposes of clarity,the parties agree that Seller is not <br /> required to remove concrete footings or at grade or below grade concrete foundations. <br /> If such demolished improvements or debris contains Hazardous Substances(as defined <br /> below), Seller shall properly handle and dispose of such Hazardous Substances in <br /> accordance with applicable law. <br /> 5 <br /> 98 <br />