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~o the terms, covenants, conditions and provisions, hereinafter <br />set forth, the Premises and the.Right-of-WaY; and Seller and <br />Purchaser covenant and agree as follows: <br /> <br /> Without payment from or cost to Purchaser, except as set <br />forth below, Seller shall dedicate the Premises for public park <br />purposes and the Right-of-Way.for'publi~ roadway purposes. <br /> <br /> 2. ~urweYs and Inspections. <br /> During the term of this Agreement and prior to ciosing, <br /> upon prior written notice to Seller, purchaser or its agents <br /> shall have the right to enter upon the Premises, the <br /> Right-of-Way and any adjoining areas of the Subject Property <br /> necessary to obtain access to. the.Premises and the <br /> Right-of-WaY, at all reasonable times for the purposes of <br /> making any surveys, 'inspections and engineering tests which <br /> Purchaser may deem necessarY. Prior ~0 CloSing (as defined <br /> below), at its sole cost and expense, Purchaser shall cause a <br /> boundary survey to be made of the PremiSes and the Right-of-Way <br /> by a certified surveyor reasonably acceptable to Seller, <br /> inclUding a plat thereof which shall be certified to Seller. <br /> Metes and bounds descriptions of the Premises and of the <br /> Right-of-Way, based upon said survey, shall be incorporated in <br /> the Deed referenced in Paragraph 4. Purchaser assumes all <br /> risks and.shall indemnify and hold h~rmless Seller from all <br /> claims, loss, damages and liabillty, due to personal injury, <br /> <br />- 2 - <br /> <br /> <br />