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10. Title. If the title to the P~OPerty car~ot be conveyed as provided in <br />Section 4 he~eof, then the Initial Oeposit shall be refunded to Exchangee and <br />the Agreement shall terminate and both pa~ties shall be released f~o$ any <br />obligations hereunder. Exchangee may waive any title exception not <br />specifically excepted in Section 4 hereof. Exchangor shall have one <br />mo~th after being advised of any title defect not so waived in which to <br />attempt to cure the same. Evidence of. title shall be at Exchangee's expense. <br />If Exchangee exercises its right to teminate t~s Agreement, at the time it <br />exercises such right, it shall assign to ExChangor all agreements it has <br />entered into for the acquisition of Exchange Property.. <br /> 11. "As Is" Condition. Exchangee acknowledges that it has inspected and <br />is familiar with the condition of the P~Ope~ty; that Exchangor has not made <br />and makes no warranties or representations as to the condition of the <br />P~operty; that it is purchasing the same "as is"; that it assumes all <br />responsibility for any damages caused by the condition of or conditions on the <br />Property won transfer of title. <br /> <br /> 12. Name. Exact name and tax mailing address to be shown in deed of <br />conveyance of the Property is: <br /> <br /> The City of Lakewood, Ohio, a municipal cOrporation <br /> 12650 Detroit Avenue <br /> Lakewood, Ohio 44107 <br /> <br /> 13. Fixturs~s. Title to all trade fixtures, signs, underground tanks and <br />other equipment on the Rroperty, if any, together with the right to enter the <br />Rroperty, and to remove same at any time before delivery of deed, is reserved <br />unto Exchangor. <br /> <br /> 14. De-imaging. Exchangee agrees, at its sole expense, to alter or <br />remodel the service station building now located upon the Property in such a <br />way that it does not resemble Exchangor's service stations, i.e., by painting <br />the building with paint of a color, or combination of colors, different than <br />those colors or combination of colors used to 'identify Exchangor' s service <br />stations and to alter the band box lighting panels by incorporating them into <br />a new roof line, or by removing the panels so that there is no resemblance to <br />Exchangor's service stations. Time shall be of' the essence and Exchangee · <br />agrees to complete such alterations or remodeling within one hundred twenty <br />(120) days after the closing date. The Provisions of this paragraph shall <br />survive closing and shall be enforceable by Exchangor receiving a ~l, O00 cash <br />bond '(to be deposited by Exchangee with Escrow Holder at closing) in the event <br />Exchangee does not comply with the provisions of this Section within said 120 <br />days; in the case of timely compliance herewith the entire cash bond will be <br />refunded to Exchangee. <br /> <br /> 15. Mechanics of Exchange. <br /> (a) Exchange Te~n. The term of this Agreement ("Exchange Term") sha.~l <br />commence on the date hereof and shall expire on the first to occur of: <br /> <br /> <br />