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damages, suits, liabilities, costs, and expenses arising out of the Inspections conducted by <br />Purchaser or its agents and shall deliver to Seller a certificate of insurance reasonably <br />acceptable to Seller, naming Seller as an additional insured party, prior to Purchaser or its <br />agents entering onto the Premises. Purchaser warrants and represents to restore the Premises <br />to its original condition prior to the Inspection. <br />If the Inspection reveals defects in the property, which are unacceptable to Purchaser or <br />if Purchaser determines that the property is unsuitable for its purpose, Purchaser may, as its <br />sole remedy, terminate this Contract by providing Seller with written notice of its desire to so <br />terminate within ninety (90) days after the last execution of this Contract ( "Contingency <br />Period "). If Purchaser so timely terminates this Contract prior to the expiration of the <br />Contingency Period, the Earnest Money and documents deposited in escrow shall be returned <br />to the party depositing them and this Contract shall be null and void. Purchaser covenants to <br />act in good faith and use due diligence to satisfy the conditions set forth above. If Purchaser <br />fails to timely terminate this Contract prior to the expiration of the Contingency Period, this <br />Contract shall remain in full force and effect and Purchaser shall be deemed to have waived its <br />rights to so terminate. Purchaser agrees to pay all costs in connection with any and all of its due <br />diligence in connection with this transaction, including but not limited to the examination, <br />opinion and insurance of title that may have been ordered by Purchaser. If Purchaser <br />terminates this Contract, Purchaser shall furnish to Seller, at no cost or expense to Seller, copies <br />of all surveys, reports, data, inspections, tests and analyses contained in the Inspection or for <br />the benefit of Purchaser within ten (10) days after Seller's receipt of notice of such termination. <br />Within Ten (10) business days from the date of fully executing this Contract, Seller shall <br />provide Purchaser with a title insurance commitment, existing Environment survey, land survey, <br />appraisal, topography study, site plans, building plans, all material related to utilities for the <br />property, if any, possessed by Seller. <br />6.2 Seller. <br />Seller's obligation to close this transaction is contingent upon Seller obtaining to its <br />satisfaction and at its sole expense, (i) the execution at closing of a mutual cross- access and <br />parking easement; (ii) all necessary governmental approval including site plan approval for the <br />Donatos Pizza site plan remaining and consisting of parcels 311 -17 -011 and 311 -17 -012. <br />7. INSURANCE: Purchaser shall name Seller as an additional insured party on its <br />existing policies of insurance covering claims, demands, damages, suits, liabilities, costs, and <br />expenses arising out of injuries to persons or damage to property, including the Premises, <br />suffered or incurred by Seller directly or indirectly, as a result of, the entry onto the Premises by <br />Purchaser, Purchaser's agents, contractors, employees, and licensees; and shall deliver to Seller <br />a certificate of insurance reasonably acceptable to Seller.. <br />